ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 131 



executing his instructions, said that the Russian-American Company, npon learning 

 the j)uri)ort of the Northwest Coast conveution concluded last June by Mr. Middle- 

 ton, were extremely dissatisfied {ajetd de Jiauts cm), and, by means of their influence, 

 had prevailed upon his Government to send him these instructions upon two points. 

 One was that lie should deliver, upon the exchange of the ratifications of the con- 

 vention, an explanatory note purporting that the Russian Government did not under- 

 stand that the convention would give liberty to tfie citizens of the United States to 

 trade on the coast of Siberia and the Aleutian Islands. The other was to propose a 

 modification of the conveution, by which our vessels should be prohibited from trad- 

 ing on the Northwest Coast north of latitude 57^. With regard to the former of 

 these points he left with me a minute in writing. 



Now turning to page 277, I continue the extract from Mr. Adams 

 Diary (quoting) : 



I told Baron Tuyl that we should be disposed to do everything to accommodate the 

 views of his Government that was in our power, but that a modification of the con- 

 veution could be made no otherwise than by a new convention, and that the con- 

 struction of the convention as concluded belonged to otlier departments of the 



Government, for which the Executive had no authority to stipulate I added 



that the convention would be submitted immediately to the Senate; that if anything 

 affecting its construction, or, still more, modifying its meaning, were to be presented 

 on the part of the Russian Government before or at the exchange of the ratifications, 

 it must be laid before the Seuate, and could have no other possible eftect than of 

 starting doubts, and, perhaps, hesitation, in that body, and of favoring the views of 

 those, if such there were, who might wish to defeat the ratification itself of the con- 

 vention If, therefore, he would permit me to suggest to him what I thought 



would be his best course, it would be to wait for the exchange of the ratifications, 

 and make it purely and simply; that afterwards, if the instructions of his Govern- 

 ment were imperative, he might present the note, to which I now informed him 

 what would be, in substance, my answer. It necessarily could not be otherwise. 

 But, if his instructions left it discretionary with him, he would do still better to 

 inform his Government of the state of things here, of the purport of our conference, 

 aud of what my answer must be if he should present the note. I believed his Court 

 would then deem it best that he shoiald not present the note at all. Their apprehen- 

 sion had been excited hi/ an interest not very friendly to the good understanding between the 

 United States and Bussia. Our merchants would not go to trouble the Russians on the 

 coast of Siberia, or north of the fifty-seventh degree of latitude, and it ivas wisest not to 

 put such fancies into their headS. At least the Imperial Government might wait to see 

 the operation of the convention before taking any further step, and / loas confident 

 they would hear no complaint resulting from it. If they should, then would be the time 

 for adjusting the construction or negotiating a modification of the convention. 



Now, the Explanatory Note which the Barou contemplated forward- 

 ing is the following: 



Explanatory note to be presented to the Government of the United States at the 

 time of the exchange of ratifications, with a view to removing with more certainty 

 all occasion for future discussions; by means of which note it will be seen that the 

 Aleutian Islands, the coasts of Siberia, and the Bussian Fossessions in general on the 

 Northwest Coast of America to 59'-' 30' of north latitude are positively excepted from 

 the liberty of hunting, fishing, and commerce stipulated in favor of citizens of the 

 United States for ten years. 



This seems to be only a natural consequence of the stipulations agreed upon, for 

 the coasts of Siberia are washed by the Sea of Okhotsk, the Sea of Kamschatka, and 

 the Icy Sea, a7id not by the South Sea mentioned in the first article of the convention 

 of April 5-17 [1824 J. The Aleutian Islands are also washed by the Sea of Kam- 

 chatka, or Northern Ocean. 



It is not the intention of Russia to impede the free navigation of the Pacific Ocean. 

 She would be satisfied with caiising to be recognized, as well understood and placed 

 beyond all manner of doubt, the principle that beyond 59-^ 30' no foreign vessel can 

 a))])roaih her coasts and her islands, nor fish nor hunt within the distance of two 

 marine leagues. This will not prevent the reception of foreign vessels which have 

 been damaged or beaten by storm. 



That was the Note which was to be presented. Now I read a further 

 extract from Mr. Adams's diary : 



The Baron said that these ideas had occurred to himself; that he had made this 

 application in pursuance of his instructions, but he was aware of the distribution 

 of ])owers in our Constitution and of the incompetency of the Executive to adjust 

 such questions. He would therefore wait for the exchange of the ratifications with- 



