130 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



Sir Charles Eussell. This is the first occasion on \Yhich a docu- 

 meut lias been referred lo, the correctness of whicli is iini)ngned. ]t is 

 Avell tliat 1 slionld call the attention of the Tribunal at once to it. My 

 friend Inis read ''tofi'ether with a drait of comninnications to him pre- 

 pared by His Excellency, which was also read by the above named." 

 That is an interpolated passa,i:e and is not in the original. Oh! I beg 

 yonr pardon; 1 misunderstood; those are omitte<l in the translation, 

 but are in the original. What my friend read was not the amended 

 translation. 



Mr. Justice Harlan. At the top of the page from which Mr. Carter 

 read we have the words "amended translation." 



Mr. Carter. That commuidcation on the part of the officers of the 

 Russian Government intimates the interpretation of the Treaty wliich 

 I have suggested to the Tribunal — that, so far as regards places Korth 

 of the (JOth ])arallel of latitude, or thereabouts, they are not regions 

 which were ever the subject of dispute, and therefore the exclusive 

 right of Eussia to them is not affected by the Treaty; but that, so far 

 as relates to lands youth of that latitude, they belc.ng to regions which 

 were subject to dispute and therefore come under its provisions. And 

 I ought also to have stated to the Arbitrators, as another ground for 

 supporting that interi)retation of the Treaty which I had insisted upon, 

 that the important articles of the Treaty, articles II, 111 and IV, all 

 refer, manifestly and ])lain]y, to that Noythwestern coast, which is 

 another reason for limiting the nieaning of the phrase "Pacific Ocean" 

 to that part of the I'acitic Ocean whi(di washes that coast. We see 

 from the ])apers which I have read, and which emanated from the Kus- 

 sian Government, the interpretation which that Government put upou 

 this term. 



I read also paragraph 7, on page 157, Proceedings of the Conference 

 held June 1, 1624: 



That as the sovereignty of Russia over the coasts of Siberia and the Aleutian 

 Islands has long been admitted liy all the powers, it follows that the said coasts and 

 islands cannot be alluded to in the articles ot the said treaty, which refers only to the 

 dis])uted territory on the Northwest coast of America and to the adjacent islands; 

 that, even supposing the coutrary, Russia has established i)ermanent settlement, not 

 only on the coast of Siberia, but also on the Aleutian group of islands; hence Amer- 

 ican subjects could not by virtue of the second article of the treaty of April 5-17, 

 land at the maritime places there nor carry on sealing and tishiug without the per- 

 mission of our commandants or governors. Moreover, the coasts of Siberia and the 

 Aleutian islands are not washed by the Southern Sea, of which alone mention is made 

 in the tirst article of tlie treaty, but by the Northern Ocean and the Seas of Kam- 

 chatka and Okotsk, which form no part of the Southern Sea on any known map or 

 any geography. 



The President. Those are the proceedings of the Russian officials; 

 there is nothing international about them. 



Mr. Carter. Not at all; but the learned Arbitrators will perceive 

 from the paper which I am about to read that those very views were 

 brought to the attention of the American'Movernment and acquiesced 

 in, and that too before the ratitication of the Treaty. It will be remem- 

 bered that in the documents from which 1 have just read allusion was 

 made to instructions given to Baron Tuyll to bring this subject to the 

 attention of the American Government. Mr. Adams was at that time 

 Secretary of State, and he records in his Diary of December 6, 1824, 

 the ftict of an interview between him and Baron Tuyll. 'J'his occurs at 

 page 276, volume 1, of the American Appendix (quoting) : 



6th, Moiidai/. — Baron Tnyl, the Russian Minister, wrote me a note requesting an 

 immediate interview, in conse(iuence of instructions received yesterday from his 

 Court. He came, and after intimating that he was under some embarrassment in 



