ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 99 



Poletica to Mr. Adams, on i3age 133, Volume first of the American 

 Appendix: 



I shall be more succinct, sir, iu the exposition of the motives which determined 

 the Imperial Government to prohibit foreign vessels from approaching the north- 

 west coast of America belonging to Russia within the distance of at least 100 Italian 

 miles. This measure, however severe it may at first appear, is, after all, but a 

 measure of prevention. It is exclusively directed against the culpable enterprises 

 of foreign adventurers, who, not content with exercising xipon the coasts above 

 mentioned an illicit trade very prejudicial to the rights reserved entirely to the 

 Russian American Company, take upon them besides to furnish arms and ammuni- 

 tion to the natives in. tlie Ivussian possessions iu America, exciting them likewise in 

 every manner to resist and revolt against the authorities there established. 



The American Government doubtless recollects that the irregular conduct of these 

 adventurers, the majority of whom was composed of American citizens, has been 

 the object of the most pressing remonstrances on the part of Russia to the Federal 

 Government from the time that diplomatic missions were organized between the 

 countries. These remonstrances, repeated at different times, remain constantly 

 without effect, and the inconveniences to which they ought to bring a remedy con- 

 tinue to increase .... Pacific means not having broiiglit any alleviation to the just 

 grievances of the Russian American Company against foreign navigators in the 

 waters which environ their establishments on the northwest coasts of America, 

 the Imperial Government saw itself under the necessity of having recourse to the 

 means of coercion, and of measuring the rigor according to the inveterate character 

 of the evil to whicii it wished to put a stop 



I ought, in the last place, to request you to consider, sir, that the Russian possessions 

 in the Pacific Ocean extend, on the northwest coast of America, from Behring's 

 Straight to the fifty-first degree of north latitude, and on the opposite side of Asia 

 and the islands adjacent, from tlie same strait to the forty-fifth degree. The extent 

 of sea of which these possessions form the limits conpprehends all the conditions 

 which are ordinarily attached to shut seas (mers fermdes), and the Russian Gov- 

 ernment might consequently judge itself authorized to exercise upon this sea the 

 right of sovereignty, and especially that of entirely interdicting the entrance of 

 foreigners. But it preferred only asserting its essential rights, without taking any 

 advantage of localities. 



We have not only the fair interpretation of the Ukase itself, but the 

 express declaration of the Russian Government, that this prohibition 

 (zfthe entry of foreign vessels within 100 miles along the shores of this 

 whole coast was not designed as an assertion of sovereign dominion 

 over the sea, but only to defend the colonial trade of Russia against 

 illicit invasions of it by foreigners. 



Mr. Middleton, the American Minister at St. Petersburg at that time, 

 addresses a note to Mr. Adams in which he says that this is the pnrj)ose 

 which the Russian Government had in view in making the declaration 

 of this Ukase. I read an extract from a letter of Mr. Middleton to Mr. 

 Adams, found on page 135 of the first volume of our Appendix: 



To Mr. Speransky, Governor General of Siberia, who had been one of the commit- 

 tee originating this njeasure, I stated my objections at length. He informed me that 

 the first intention had been (as Mr. Polutica afterwards wrote you) to declare the 

 northern portion of the Pacific Ocean mare clmisum, but that idea being abandoned, 

 probably on account of its extravagance, they determined to adopt the more moder- 

 ate measure of establishing limits to the maritime jurisdiction on their coasts, such 

 as should secure to the Russian American Fur Company the monopoly of the very 

 lucrative traffic they carry on. In order to do this they souglit a precedent and 

 found the distance of 30 leagues, named iu treaty of Utrecht, and which may be 

 calculated at about 100 Italian miles, sufficient for all purposes. 



The President. Is there any evidence that you know of that the 

 Russians at any time previously to that correspondence, had asserted 

 the right of mare claustini, the right of sovereignly to the Bering Sea? 



Mr. Carter. None whatever, neither before nor since, in my view, 

 unless this Ukase constitutes an assertion of authority; Avhich I do not 

 think it does. 



The President. It was a position which they might have assumed, 

 but it seems they state that they do not assert it. 



