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



Britain to agree to the ten years clanse being limited to tlie lisicre with 

 regard to all the Articles — the Pacific Ocean and the Korthwesteru 

 Coast — in the meaning which would include the coast no to Behriug 

 Sea. 



Now Mr. Justice Harlan put a question, was the Treaty communicated 

 to Great Britain before the other Treaty was signed will you be good 

 enough to turn to page 72 of the same book (App. II B. C.) where will 

 be found Mr. George Canning's communication with regard to the 

 American Treaty, and that brings out in the clearest possible relief the 

 arguments which I have been endeavouring to put before the Tribunal. 



Article IV of the United States Treaty is thus summarized — I had 

 better read the summary of both III and IV. 



The third Article fixes the boundary line at 54° north of which the United States 

 are not to form establishments and south of which Russia cannot advance. 



There is no reference to 60° or any northern boundary or any south- 

 ern boundary. 



The fourth Article allows free entrance to both parties for ten years into all the 

 gulfs, harbours etc. of each for the purposes of fishing and trading with the natives. 



The contention of my learned friends now is that Great Britain only 

 thought that under the words " North-west coast" in the Article of the 

 British Treaty they were getting the right to fish up to latitude 60'^. 

 Now what does Mr. Canning say ? It was present to his mind — because 

 as I have shown to you but a few moments ago, Eussia had been try- 

 ing to get those things agreed to by Great Britain. He writes to Count 

 Lieven who was the Russian Minister I believe in England. 



I cannot refrain from sending to your Excellency the inclosed extract from an 

 American newspaper, by which you will see that I did not exaggerate what I stated 

 to you, as the American construction of the convention signed at St. Petersburgh. 



It is to this construction that I referred, when I claimed for England (as justly 

 quoted by Count Nesselrode) whatever was granted to other nations. No limita- 

 tions here of 59°. 



There never had been any attempt to get Great Britain to limit the 

 right of navigation or fishing except to the two leagues which is men- 

 tioned before. Bat with regard to this jDoint of the north-west coast 

 there had been the distinct attempt to get her to limit her 10 years 

 clause to the very strij) which Mr. Carter now suggests she agreed to 

 limit it to. 



Mr. Justice Harlan. — What you read is a newspaper account of the 

 Treaty. What you want I think is the letter of Mr. Addington on 

 page 29. 



Sir EiCHARD Webster. — For my particular purpose I do not want 

 anything more than that summary. It is a true summary. It makes 

 no difference for my purpose. 



Mr. Justice Harlan. — I thought you were reading it to show the 

 British knew of the Treaty. 



Sir Richard Webster. — Well so I think they had as a matter of 

 fact. 



Mr. Justice Harlan. — No they did not get it till the letter of Mr. 

 Addington which shows he transmitted it I think to Mr. Canning. 



Sir EiCHARD Webster. — You are right. I was perhaps endeavour- 

 ing to take it a little more shortly than I need; but my argument is as 

 strong whether it is a communication through a newspaper or any other 

 channel. My point is that Great Britain knew the terms of the Treaty, 

 and the moment the terms of the Treaty between the United States and 

 Eussia were called to Mr. Canning's attention, Mr. Canning said, "No 



