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



for 10 years tliey are to have the right of visitiiii*- tlie interior waters, 

 creeks and harbours. I will perhaps trouble j'ou tomorrow morning 

 by reading- that clause again, but there was no limit whatever. 



Mr. Justice Harlan. — As you so kindly respond, I am tempted to 

 ask you again to get at your precise meaning, Article VII of the Treaty 

 with Great Britain saj^s: 



It is also iiuderstood that for the space of 10 years from the signature of tlie pres- 

 ent Convention the vessels of the two Powers or those belonging to their respective 

 subjects shall be mutually at liberty to frequent without any hindrance whatever aH 

 the inland seas, the gulfs, havens and creeks on the coast mentioned in Article III. 



Now, when you turn back to Article III, does not that define and 

 limit a particular part of that coast? 



Sir EiCHAKD Webster. — No, I am sure it was my fault, but I was 

 not on the British Treaty. I will undertake to demoustate that point, 

 but your question to me was the right of visit with regard to the United 

 States. You will not find a single word in the United States Treaty 

 corresponding with that. That happens to come into the British 

 Treaty because of the lisiere which I will explain, but I was reading to 

 you from Baron de Tuyll's note which is before the British Treaty was 

 made in 1825, aud Baron de Tuyll's note was in December 1824. He 

 there says : 



It will be seen that the Aleutian Islands, the coast of Siberia and the Russian pos- 

 sessions in general on the North West Coast of America to 59" 30' — 



that means from the North : 



are positively excepted from the liberty of hunting, fishing, and commerce stipulated 

 in favour of citizens of the United Seates for ten years. 



Then: 



This seems to be only a natural consequence of the stipulations agreed upon for 

 the coast of Siberia are w^ashed by the Sea of Okhotsk, the Sea of Kamscliatka and 

 the Icy Sea and not by the South Sea, mentioned in the Ist Article of the Convention 

 of April 5/17 1824. The Aleutian Islands are also washed by the Sea of Kamschatka 

 or Northern Ocean. It is not the intention of Russia to impede the free navigation 

 of the Pacific Ocean. She would be satisfied with causing to be recognized as well 

 understood and placed beyond all manner of doubt the priuciiile — 



Now will you kindly note this : 



that beyond 59° 30' no foreign vessels can approach her coasts and her islands nor fish 

 nor hunt within the distance of two marine leagues. 



Not any question here of any special privilege, but an attempt to get 

 two marine leagues fairly enough. I do ask the attention of the Tri- 

 bunal to this, — my learned friends will forgive me for using the word 

 "absurd", I do not want to, but see what the result of their contention 

 is. Baron de Tuyll is asked to say that from 59^ 30' in this direction 

 you may only go within two leagues of the coast. 



Mr. Carter. — You mean he asks. 



Sir EiCHARD Webster. — He is asked to say and he does say by his 

 note that above 59° 30' you may go within two marine leagues of the 

 coast. Does any man in his senses suppose that when he asked above 

 59° 30' he merely meant to confine that fiom 59° 30' to 60°. It is abso- 

 lutely inconsistent with the position of the North- West Coast ending 

 at 60O. 



The President. — ^INIight it not be understood in this way: All that 

 coast of the Aleutian Peninsula and Islands, the Southern portion being 

 settled because it was approached in that way, — as you approach 59° 30' 

 if you go beyond you go along these Islands. 



