ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 435 



Senator Morgan. — But liow are we to ascertain whether the assent 

 of nations has been obtained? 



Sir EiCHARD Webster.— If there have existed at starting rights 

 which have not been interfered with. 



Senator Morgan. — The question comes back, how long would it take 

 to establish a principle of international law, and how long would it 

 take for that principle to die out? 



Sir IviCHARD Webster. — You talk of a short time and a long time 

 according to the acts of Nations and according to the evidence of 

 acquiescence; but I am sure, Senator, you do not want me to be taken 

 away from my point, because it is really important tliat I should make 

 my point clear without discussing collateral matters; but I promise not 

 to forget your observations. My point was (you will forgive me for 

 repeating it), that throughout the whole of this correspondence the 

 navigation of Behring Sea up to the Straits is the basis upon which 

 they are negotiating. 



Now the only other document my friend, Mr. Carter, thought worthy 

 of notice was Baron Tuyll's note; and I care not, whether I refer to the 

 original French, or the translation. The original French is at page 

 37 of the British Counter Case; the translation is at page 276 of 

 the United States Appendix, volume 1. Now here you would have 

 expected that if the meaning of the words North West Coast now 

 suggested was correct you must have found something pointing to it. 

 I read from the translation: 



Explanatory note to be presented to the Government of the United States at the 

 time of the exchange of ratifications with a view to removing with more certainty 

 all occasion for future discussions, by means of which note it will be seen that the 

 Aleutian Islands, the coasts of Siberia, and the Russian possessions in general on the 

 North-West Coast of America to 59^ 31' of north latitude are positively excepted, etc. 



That is on the North- West Coast of America, — from what point? 

 Obviously from Behring Straits. Does anybody mean to suggest that 

 it starts at 60^ ? It is so obvious ! From 60° to 59° 30' is only 30 miles ! 

 Does any man in his senses pretend that when they speak there of the 

 North- West Coast of America down to 59^ 30' they only meant to start 

 at 60° of latitude"? This is the only document to which my learned 

 friends can refer to indicate that there is some difterent construction 

 put upon North West Coast. We are supposed, says Mr. Carter, to 

 have inherited this construction, are positively excepted from the lib- 

 erty of hunting, fishing and commerce stipulated in favour of the citizens 

 of the United States for 10 years. I remind you that the 10 years clause 

 was for visiting interior seas, creeks and rivers, and trading at places 

 at which there was a Kussian establishment. It had nothing to do with 

 the rule of International law which permitted you to trade at places at 

 which there was no Bussian establishment. 



Mr. Justice Harlan. — That was restricted to a certain part of that 

 coast. 



Sir Richard Webster. — As far as the United States were con- 

 cerned it was not restricted to any part at all. I am obliged to you. Sir, 

 for putting the question to me. I asked you to remember to day, that 

 as between the United States and Russia this lisiere had no existence. 

 This lisiere was siini)ly for the purpose of defining a boundary between 

 Great Britain and Russia; so tar as the United States were concerned 

 it had no existence. You will not find a trace of it in the Treaty, or a 

 word referring to it. What happened was this: Agreeing to 54° 40', 

 and that is the only latitude mentioned in the American Treaty, the 

 whole of that coast was to be the subject of the Treaty. On that coast 



