ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M, P. 489 



with them, that I know you can readily answer me. You remember 

 the two drafts that passed between Great Britain and Russia in respect 

 of theTreaty of 18l'5? 



yir Richard Webster. — You mean the projet and the confre-projet ? 



Mr. Justice Harlan. — Yes. It appears from the letter on page 72 

 (vol. II. Appendix to Brit. Case), of December the 8th, 1824, from Mr. 

 George Canning that, he sent* to Mr. Stratford Canning an amended 

 projet; that is one showing such additions and alterations as he would 

 consent to for the guidance of the British Minister at St. Petersburgh. 



Sir Richard Webster. — You meant, that Mr. George Canning sent 

 it to Mr. Stratford Canning? 



Mr. Justice Harlan. — Yes; and he had that third projet of the Brit- 

 ish Government in his hands when he concluded the Treaty. I want 

 to enquire if that document appears in the case? 



Sir Richard Webster. — Well, I do not think he had it in his hands 

 when he concluded the Treaty, though of course he had it. It is clear 

 the first two Articles were taken ^^om the American Treaty, as I men- 

 tioned to you yesterday. 



Mr. Justice Harlan. — On page 79, Mr. Stratford Canning writes to 

 Mr. George Canning showing that he had presented this new pt'ojet to 

 the Russian Minister, and some discussion arose about it. 



Sir Richard Webster. — I have never seen it, and I do not think 

 that that third document, as you very properly called it, being a modi- 

 fication of the Russian j?rojV'^, appears in the papers. We have no 

 means of access to anything else except what is here. 



General Foster. — I woukl like to suggest that my attention was not 

 brought to that reference till it was too late, under the Treaty, to make 

 an application for it. 



Sir Richard Webster. — If General Foster desires the document, 

 and it is in our possession, he shall have it. We have never raised any 

 question of time; and I may be allowed to say that General Foster has 

 never asked for the document, or expressed a wish to have it, though 

 there are other documents that he has had quite independently of any 

 question of time. Of course, I make no grievance about it; but if 

 General Foster says he would like it looked for, it shall be looked for. 

 My answer to the Judge was that I did not think it was in the papers. 

 I have never seen it; and, more than that, my attention has not been 

 called to it till this moment. 



Mr. Justice Harlan. — I followed your argument yesterday very 

 closely, and I took these papers home last night, and studied them 

 carefully, and my attention was called to it then for the first time. 

 That was the reason I asked the question. 



General Foster. — I now express a most earnest desire to see it. 



Sir Richard Webster. — If General Foster had given us the slight- 

 est indication, we should have endeavoured to get it. 



Mr. Tupper informs me that a search was made, and it could not be 

 found. As far as I am concerned, I should be only too glad to have it, 

 because I know nothing more than what api)ears in the papers now. 



The President. — It may be in the Foreign Office in London or in 

 St. Petersburgh. 



Sir Richard Webster. — I will make a further enquiry about it. 

 As far as I know, it can only support the contention I urge before you. 

 Mr. Tupper had better state to the Tribunal himself what he knows 

 about it. 



The President. — Certainly, 



