ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 117 



by the American Government in tbe variou.s communications upon this 

 subject by Mr. Blaine. I could not lessen tiiat labor materially by any 

 lengthy discussion now. Nevertheless I nuist deal with it very briefly. 



I have endeavored to describe in the sketch with which I began this 

 part of my argument, the early dealing on the part of Russia Avith 

 Bering Sea and its coasts and Islands, and I think that I succeeded in 

 showing that Russia prior to 1821 had appropriated to herself all the 

 coasts and islands of that sea and all their resources so far as any 

 nation could appropriate them: that such approi)riation was just and in 

 accordance with natural law There was enough only for one great 

 nation, and the world would be best served by such exclusive appropria- 

 tion. We do not assert an ap])ropriation of the products of the sea 

 unconnected with the shores. We assert no such approjiriation on the 

 part of Russia. Russia asserted the right to protect her trade and 

 industries on the shores by the exercise of self defensive authority 

 upon the high seas and practically by excluding other nations from a 

 belt of water extending 100 miles from the coasts and islands. She 

 declared this to be, not an assumption of sovereignty, or mareclansum, 

 or attempt to establish mare chvusKm, but a scheme for the prevention 

 of invasions upon her trade; in other words, a measure of self defence. 

 That assertion of authority was protested against, formed the subject 

 of negotiation, and was eventually modified by treaties between Great 

 Britain and the United States, severally, and Russia. 



Now, except so far as the effect of the Ukase was thus modified, it 

 stood, and stood assented to by Great Britain and the United States. 

 The assent was indeed an imi^lied one; but the implication was suffi- 

 ciently strong. 



The inquiry then arises how far the assumption of authority by Rus- 

 sia in the Ukase of 1821 and her acts in support of it were modified or 

 displaced by these subsequent treaties. In other words it involves the 

 interpretation of the language and effect of these subsequent treaties. 

 Now as the interpretation of these documents is not entirely easy upon 

 the face of them, it will be proper to place ourselves in the possession 

 of certain information in regard to the matters covered by the treaties, 

 and especially in regard to the notice which the American and British 

 Governments took of the Ukase when it was first promulgated. 



The two sections of the Ukase which it is necessary to read will be 

 found on page 16 of the first volume of our Appendix : 



Sec. 1. — Tlie pursuits of coininerce, wfialiug, and fishery, and of all other industry 

 on all islands, ports, and gulfs includinfj tlie whole of the northwest coast of Anierica, 

 beginning from Behring's Straits to the 51° of northern latitude, also from the Aleu- 

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

 Behring's Straits to the South Cape of the Island of Urup, viz, to the 45° 50' northern 

 latitude, is exclusively granted to Russian subjects. 



Sec. 2. — It is therefore prohibited to all foreign vessels not only to land on the 

 coasts and islands belonging to Russia as stated above, but also to approach them 

 within less than a hundred Italian miles. The transgressor's vessel is subject to 

 confiscation along with the whole cargo. 



Now it would seem that when the Government of Great Britain 

 received information of that Ukase they applied to so eminent an 

 authority as Lord Stowell to learn what the effect of it was, and he writes 

 to Lord Melville on the 26th of December, 1821. I am reading from the 

 Appendix to the Case of Great Britain, volume 2, iiage 12: 



