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



The President. — You would construe that as recognizing an exclu- 

 sive right of liussia to take possession, rather than an actual recogni- 

 tion of the actual property of liussia ? 



Sir Richard Webster. — That I believe is the proper construction 

 of this Article — recognizing a right of Russia without let or hindrance — 

 by the United States, to take possession of the coast, without consid- 

 ering whether her possession up to that time was complete; and reserv- 

 ing to the United States the right by international law, which was then 

 believed to exist, that in the absence of possession being taken — in the 

 absence of Russian establishments — there was a right of trading with 

 the nations, and, if necessary of landing for the purpose of trading. It 

 was a recognition of rights and not a grant of any fresh rights what- 

 ever. It was in consequence of the action of Russia in 1821 necessi- 

 tating protests by the United States, and necessitating the withdrawal 

 by Russia of the claims which she had set up which would have inter- 

 fered with the United States rights. 



Now if you will let me read the second Article, you will observe that 

 my first point comes out with greater clearness stiU there. It says : 



With a view of preventinj^ the rights of navigation and of fishing, exercised upon 

 the Great Ocean by the citizens and subjects of the High Contracting Powers, from 

 becoming the pretext for an illicit trade, it is agreed that the citizens of tlie United 

 States shall not resort to any point where there is a Russian Establishment, without 

 the permission of the Governor or Commander; and that, reciprocally, the subjects 

 of Russia shall not resort, without permission, to any Establishment of the United 

 States upon the north-west coast. 



Now you will observe. Sir, from the point of view of future establish- 

 ments, no fresh establishments were to be made by Russia south of 54° 

 40' — no fresh establishments were to be made by the United States 

 north of 54° 40'. This clause shows that the rights of navigation and 

 visit, (which were recognized as extending to unoccupied coasts), were 

 not to be exercised where there was a Russian establishment, or United 

 States establishment without communication with the Commandant of 

 the respective Governments; and is inconsistent, as I shall show you in 

 a moment, with any idea of this being limited to 54° 40' or 60", it being 

 necessary that the right should extend all the way round that territory, 

 and should be exercised, subject to the control of Article II all the way 

 round that territory north of 54° 40' right up to the Behring Straits 

 which had been included in the Ukase. 



Now will you look at Article III? It says: 



It is, moreover, agreed that hereafter there shall not be formed by the citizens 

 of the United States, or under the authority of the said States, any Establishment 

 upon the north-west coast of America, nor in any of the islands adjacent, to the 

 north of 54° 40' of north latitude. 



Now do the United States Counsel contend that the north-west coast 

 was limited in the Article? There was a vast extent of coast running 

 away to the west of where you find there the pink colour, right down 

 to the Aleutian Islands. According to the contention of Mr. Carter 

 "north west coast", where it occurs in this Treaty, lies between latitude 

 60° and latitude, 54° 40'. Now I ask you whether this contention, never 

 raised by Russia, never suggested by Russia, is to prevail in the face of 

 that Article III where there is a prohibition against the United States 

 for establishing a settlement on the north-west coast of America north 

 of 54° 40'? What does that mean? That for good consideration, the 

 United States agreed that they would not make fresh establishments 

 from north of 54° 40' right up to Behrings Straits, and, for that matter, 

 beyond. It is not important for my purpose, because so far as we are 

 now considering, up to Behring Straits is far enough. 



