18 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



Siberia-, the uortliwcstern coast of America, aud the Aleiitiau, Kiirile, and other 

 ishiiuls." 



Tlie first section of the edict said: 



Tlio pursuit of coumu'rce, whaling, and fisliing, and of all other imlustry on all 

 islands, ports, and gnlfs, including tlie whole of the northwest coast of America, 

 beginning from Hehring Straits to the 51,st degree of uortliern latitude! ; also from the 

 Aleutian Islands to the eastern coast of Sil)eria, as well as along the Kurile Islands 

 from Ijfhring Straits to the south cape of the island of Urup, viz, to the 45"^ 50' of 

 northern latitude, is exclusively granted to Russian subjects. 



Aiul section 2 stated: 



It is, therefore, ])rohibited to all foreign vessels, not only to land on the coast and 

 islands belonging to Russia, as stated above, but also to aitjiroach them within less 

 tlian 100 Italian miles. The transgressor's vessel is subject to conliscation, along 

 with the whole cargo. 



Lord Salisbury then proceeds: (I desire to save reading as far as 

 possible) to state that copies of these regulations were communicated 

 to the American Seci-etary of State, at that time Mr. John Quincy 

 Adams, of great repute in his day, and great fame since, and that he 

 asked the Kussiau Government for an explanation of the grounds upon 

 which such action was based. The Kussiau Minister in his reply, dated 

 the 2<Sth of February, after explaining how liussia. had acquired her 

 possessions in North America, said: 



I ought, in tlie last place, to request you to consider, Sir, that the Russian posses- 

 sions in the Pacitie Ocean extend on the northward coast of America from Behring's 

 Strait to the 51st degnui of north latitude, aud on the opi)osite side of Asia and the 

 islands adjacent from the same strait to the 45th degree. The extent of sea of which 

 these possessions form tlie limits cora]irehends all the conditions wliicli are ordinarily 

 attaclied to shut seas ("mrrs J'vniices"), and the Russian (liovernnient might conse- 

 (jueutly judge itself authorized to exercise upon this sea the right of sovereignty, 

 and especially that of entirely interdicting tlie entrance of foreigners; bnt it pre- 

 ferred only assorting its essential rights without taking advantage of localities. 



That is the explanation given by the llussian Minister. Lord Salis- 

 bury continues : 



On the 30th March Mr. Adams replied to the explanations given by tlie Russian 

 minister. He stated that, with respect to the pretension advanced in regard to ter- 

 ritory, it must be considered not only with reference to the f|uestiou of territorial 

 rights, but also to that prohibition to the vessels of other nations, including those 

 of the liuited States, to a])proach within 100 Italian miles of the coasts. That from 

 the period of the existence of the United States as an indei)endeut nation their 

 vessels had freely navigated these seas, the riglit to navigate them being a part of 

 that indc])endence; and with regard to the suggestion that "the Russian Govern- 

 ment might have justified the exercise of sovereignty over the Pacific Ocean as a 

 close sea, ' l)ecause it claims territory botli on its American and Asiatic shores,' it 

 may siifiice to say that the distance from shore to shore on this sea, in latitude 51 ' 

 north, is not less than 90^ of longitude or 4000 miles." Mr. Adams concluded as 

 follows. 



The President is persuaded that the citizens of this Union will remain unmolested 

 in the prosecuti(ni of their lawful commerce, and that no effect will be given to an 

 interdiction manifestly iiiconii>atible with their rights. 



The convention between the United States of America and Russia of the 17th April, 

 18lM, }»ut an end to any further pretension on the i)art of liussia to restrict naviga- 

 tion or fishing in Behring Sea so far as American citizens were concerned; for by 

 Article 1 it was agreed that in any part of the Great Ocean, commonly called the 

 I'acitic ( )c{'an or South Sea, the respective citizens or subjects of the high contracting 

 ])ow('rs shall neitlier be disi-nrbed nor restrained, either in navigation or iisliing, 

 saving certain restrictions which are not nnitcirial to the ]»'esent issue; and a similar 

 stii)nlation in the convention between this country and Russia in the Ibllowing year 

 (15tb May, 1825), i)ut an end as regarded British subjects to the pretensions of Russia 

 to which I have referred, aud which had b<>en entirely re])udiated by Her Majesty's 

 Government in correspondence with the Russian Government in 1821 and 1822, which 

 for your more ])articnlar information I inclose Lierein. 



lier Majesty's Government feel sure that, in view of the considerations which I 

 have set forth in this dispatch, wliich you will conmiunicate to Mr. Bayard, the 

 Government of the United States will admit that the seizure and condemnation of 

 these British vessels and the im])risonment of their masters and crews were not 

 ■warranted by the circumstances, aud that they will be ready to afford reasonable 



