432 ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 



Sir EiCHARD Webster. — That is the same tiling as the "Pacific". 



Mr. Justice Harlan. — That is what the object of my question Avas, — 

 to know, when he used the words "Southern Ocean", whether he meant 

 by that phrase to include the waters of Behring Sea up to Eehriug 

 Straits? 



Sir Richard Webster. — Most certainly. I am extremely obliged 

 to you. Judge, for this, or any other question. If it be necessary to 

 demonstrate that, I can demonstrate that the "Southern Ocean" and 

 the " Pacific Ocean" were used as interchangeable terms repeatedly at 

 this time; and my point is, in reference to Mr. Adams' letter, that there 

 is not a word to suggest that he stopped at 00°. 



I did not mean myself to refer to this letter, because I was treating 

 the correspondence as a whole; but there is not a word to indicate that 

 he stopped at 60°, according to Mr. Carter's contention, — that they 

 were giving up any right, not only with regard to Behring Sea, but 

 anything which was to the north of that point 60°. All I say is this, 

 that no other construction can fairly be put on that language at the 

 present time. And I think, Sir, there is conclusive proof of wiiat I am 

 saying. I need not trouble you to look at it, but in Volume I of the 

 Appendix to the British Counter Case is set out a letter from Mr. 

 Adams to Mr. Rush, on the same date, the 22nd of July, 1823, to which 

 you referred me. Mr. Rush was the Minister to Great Britain, and, in 

 the last paragraph but one from the bottom of page 56, it says : 



By the Ukase of the Emperor Alexander of the 4th (16th) September, 1821, an 

 exclusive territorial right on the north-west coast of America is asserted as belong- 

 ing to Russia, and as extending from the northern extremity of the continent to 

 latitude 51° and the navigation and fishery of all other nations are interdicted by 

 the same Ukase to the extent of 100 Italian miles from the coast. 



I need not say that Mr. Adams would not refer to the Ukase in two 

 letters written upon the same day referring to it as excluding Behring 

 Seain one, and including it in the other. In the paragraph above that 

 to which I call attention, he quotes the Ukase as being the claim of 

 exclusive jurisdiction from the 45th degree of north latitude on the 

 Asiatic coast to the 51st degree north on the American continent. He 

 is coming all the way round, and then he refers throughout to the whole 

 extent of the Southern Ocean, and many people at that time spoke of 

 the "Pacific Ocean", as being the Southern Ocean, because they got to 

 it by coming round Cape Horn. Now I pass on, having, I hope, not 

 improperly endeavoured to answer the question you were good enough 

 to put to me. My point is, that those are the still meanings of those 

 words. Do they change itf Will you be good enough to turn over to 

 page 63 of the first part of vol. 2 of the Appendix to the British Case? 

 Here, at least, I am upon safe ground. The first letter I read, Mr. 

 President, was on October 21st. 



The President. — On page 63 it is not a letter, but a draft. 



Sir Richard Webster. — The actual letter is given on page 61, but 

 to save you trouble, I was giving the page where you would find the 

 actual document I was going to refer to. The document is a draft con- 

 vention enclosed in a letter of the 12th June 1824 nearly three years — 

 you will follow me— after the letter of October 1821. What did Great 

 Britain understand by "Pacific Ocean"? — what did Great Britain 

 understand by "North- West Coast" at tliis time? This is supposed to 

 be, according to my friend, a communication of people who were using 

 " north-west coast" and "the Pacific Ocean" indifferent senses to those 

 which I have indicated were put upon them when the negotiations com- 

 menced. Will you kindly look at the page to which I call attention — 



