120 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



exclude eitiz<Mi.s of otlier nations from 100 miles on the sea, mentioning 

 both the points. That is the first British protest. The American pro- 

 test will be found on page 132 of the tirst volume of the Ay)pendix to 

 the Case of the United States. It seems that the Ukase was trans- 

 mitted on the lltb of February, 1822, by Mr. Poletica, the Russian 

 Minister in Washinotou to Mr. Adams, the American Secretary of 

 State at that time, and on the 25th Mr. Adams addresses this note to 

 Mr. Poletica: 



Mr. Jdams lo M. de Poletica. 



Departmkxt of State, Washivgfoii, Febrnary S5, 1822. 



Sir: I liave the honor of receiving your note on the 11th instant, inclosing a 

 printed copy of the regnlalioiis adoptctl by the Russian American Company, and 

 sanctioned by His Imperial Majesty, relating to tlie commerce of foreigners in the 

 ■waters bordering on the establishments of thiit company upon the northwest coast 

 of America. 



I am directed by the President of the United States to inform you that he has 

 seen with surprise, in this edict, the assertion of a territorial claim on tbe part of 

 Russia, extending to the iifty-first degree of north latitude on this continent, and a 

 regulation interdicting to all commercial vessels other than Ru^ssian, upon the penalty 

 of seizure and couliscation, tbe approach upon the high seas within IdO Italian 

 miles of the shores to which that claim is mad^^ to apply. The relations of tbe United 

 States with His Imjierial Majesty have always been of the most friendly character; 

 and it is tbe earnest desire of this tiovernnn'nt to preserve them in that state. It 

 was expected, before any act which should detine the boundary between the terri- 

 tories of the United States and Russia on this ccmtinent, that the same would have 

 been aT'ranged by treaty between the parties. To exclude the vessels of our citi/.ens 

 from the sliore, beyond the ordinary distance to which the territorial jurisdiction 

 extends, has excited still greater surprise. 



This ordinance atfects so deeply the rights of the United States and of their citi- 

 zens that I am instructed to incpure whether you are authorized to give explanations 

 of the grounds of right, upon principles generally recognized by the laws and usages 

 of nations, which can warrant the claims and regulations contained in it. 

 I avail, etc., 



John Quincy Adams. 



That was the protest of the United States. It was answered by the 

 Russian Minister M. de Poletica, in a note which is found on page 

 133, Volume I, of the Appendix to the Case of the United States and 

 which I have already read and will therefore not repeat. I will 

 observe in regard to it only that the Russian Minister in that note 

 says that this Ukase is not an attempt to make the Bering Sea, or 

 any part of it, mare dausnm, but that it is adopted as a measure of 

 ])revention to protect the industries of Russia and her commerce on 

 that sea. 



Sir Charles Ritssell. Wethinkthat answer of de Poletica is very 

 important, and we do not admit that that is a correct summary of it. 



Mr. Carter. Do you prefer that it should be read in full. 



Sir Charles Russell. Just as you please about that. 



Mr. Carter. I am quite willing that it should be read now. 



Sir Charles Russell. Oh no! 



Mr. Carter. Negotiations at once began between Russia Great 

 Britain and the United States in reference to the assumption of 

 authority contained in this Ukase and they were at first Jointly con- 

 ducted. That appears in the coriespondence here, and I will not take 

 time to read the various letters in which it appears for the purpose of 

 showing it; but it does sufiiciently appear. Great Britain and the 

 United States acted in conjunction, and each was consequently fully 

 apprised of the views of the other. That, common action continued 

 for a considerable period of time in the negotiations and was finally 

 broken off— broken off as I apprehend, and as I think is evident from 



