ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 4f)7 



shut seas — mers ferm^es. But my friends disclaim it. It is in my 

 favor, Sir, to make that contention. Upon the mere question of asser- 

 tion I care not how wide the claims of Russia were — my point was 

 entirely upon exercise. 



The Peesident. — I suppose under the Treaty it is our duty to deal 

 the question of assertion as well as the exercise of it? 



Sir Richard Webster. — I did not venture to dictate to you as to 

 what construction you would put upon Russia's assertion. If you will 

 remember, I spoke of it as an assertion of right by the Ukase of 1821. 

 If that was an assertion of right, or if all the documents with which it 

 was accompanied shew that it was an assertion of right to treat Beh- 

 ring Sea as a closed sea, I agree, it is your duty so to find. But my 

 friends will not have that. My friends in the exercise of their judg- 

 ment have thought fit to say: "Russia never did assert that right: 

 Russia only asserted the right to exclude vessels 100 miles from its 

 coasts as a defensive regulation; and they are pleased, in the exercise 

 of their wisdom to say that was not 



The President. — Sir Richard I am asking you for help if you please 

 and if you can give it to me I am sure you will help us. 



Sir Richard Webster. — Certainly. 



The President. — Suppose neither of the parties said that Russia 

 asserted such a right, and that in our personal conviction Russia did 

 assert such a right, what do you think the finding ought to be? 



Sir Richard Webster. — I think the finding ought to be in accord- 

 ance with your conviction, Sir. But Sir, do not misunderstand me. 

 I have not suggested that Russia did not assert a* right — I simply said 

 that the only assertion by Russia was contained in the Ukase of 1821, 

 and that on the most narrow construction put upon that Ukase by my 

 friends, it was an exercise by Russia of exclusive jurisdiction to the 

 extent of 100 miles from its shores. If you are of opinion (and I can- 

 not say you are not justified), that the real assertion of Russia was a 

 right to close Behring Sea and more than the sea, and that the restric- 

 tion to the 100 miles was in her discretion by the making of the law 

 which she thought fit — I hope I make my meaning clear to you. Sir. 



The President. — Perfectly clear. 



Sir Richard Webster. — 1 should have thought — but that is not for 

 me — that it was your duty to express on the Award, what the assertion 

 of Russia was. Of course the word " assertion " may be used in two 

 senses. It may be used in the sense of asserting that which one 

 intends to act u])on, or it may be used as a theoretical assertion not 

 intended to be acted upon. 



The President. — More as an affirmation than an assertion. 



Sir Richard Webster. — Exactly. 



Senator Morgan. — Will you allow me to say that an assertion might 

 be defined by acts of exclusive enjoyment and ownership without any 

 declaration at all. 



Sir Richard Webster. — I am not at all certain from the point of 

 view of assertion, if exclusion mean the exclusion, the shutting out 

 other people it would not be the best form of assertion you could pos- 

 sibly conceive. 



Lord Hannen. — It would be exercise also. 



Sir Richard Webster. — It would then be exercise and assertion 

 also. 



Senator Morgan. — Is not exercise the strongest form of assertion ? 

 The law of prescription in your country and in mine — in England and 

 in the United States — is based on. occuiiancy, ou a property right or 

 privilege existing for 20 years. 



