ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 135 



That sets forth what the particular character of their complaint 

 ajyaiust the Ukase was. He then speaks of the mode in which the 

 negotiation should be conducted. And, tinally, he says — and I read 

 now from page -01 : 



The rigbt of tlie subjects of His Majesty to navigiito freely in the Pacific can not 

 he held as matter of indulgence from any power. Having once been publicly ques- 

 tioned, it must be publicly acknowledged. 



We do not desire that any distinct reference should be made to the ukase of 1821, 

 but we do feel it necessary that the statement of our right should be clear and posi- 

 tive, and that it should stand forth in the con\ ention in the place which properly 

 belongs to it as a plain and substantive stipulation, and not be brought in as an 

 incidental consequence of other arrangements to which we attach comparatively 

 little importance. 



This stipulation stands in the front of the convention concluded between Russia 

 and the United States of America, and we see no reason why, upon similar claims, 

 we should not obtain exactly the like satisfaction. 



For reasons of the same nature we can not consent that the liberty of navigation 

 through Bering's Straits should be stated in the treaty as a boon from Russia. 



The tendency of such a statement would be to give countenance to those claims 

 of exclusive jurisdiction against which we, on our own behalf and on that «>f the 

 whole civilized world, protest. 



No specihcation of this soi't is found in the convention with the United States of 

 America; and yet it can not be doubted that the Americans consider themselves as 

 secured in the right of navigating ]3ehring Straits and the sea beyond them. 



It can not be expected that England should receive as a boon that which the 

 United States hold as a right so unquestionable as not to be worth recording. 



Perhaps the simplest course, after all, will be to substitute, for all that part of 

 the "Projet" and "Contre-Projet" which relates to maritime rights, and to naviga- 

 tion, the lirst two articles of the convention already concluded by the court of St. 

 Petersburg with the United States of America, in the order in which they stand in 

 that convention. 



Russia can not mean to give to the United States of America what she withholds 

 from us, nor to withhold from us anything that she has consented to give to the 

 United States. 



The uniformity of stipulation in pari ^natm'ia gives clearness and force to both 

 arrangements, and will establish that footing of equality between the several con- 

 tracting parties which it is most desirable should exist between three powers whoso 

 interests come so nearly in contact with each other in a part of the globe in which 

 no other power is concerned. 



This, therefore, is what I am to instruct you to propose at once to the Russian 

 minister as cutting short an otherwise inconvenient discussion. 



There is his instruction to the representative of the government of 

 Great Britain in St. Petersburg. 



Mr. Justice Harlan. Let me interrupt you just a moment. I call 

 your attention to the apparent omission in the English translation of 

 the treaty betweeu Eussia and Great Britain. The English transla- 

 tion in the British case accords with the American translation. 



Mr. Carter, Very likely it may; I do not know. 



Lord Hannen. The word "great" is omitted. 



Sir Charles Eussell. Yes, the word "great" is omitted, too. 



Mr. Justice Harlan. I do not know whetlier there was an omission, 

 or whether there were two treaties, one signed iu English and one 

 signed in French, or whether one was a translation of tlie other. If 

 there was an error in the translation, both sides have committed the 

 error as to the second article, because the word "great" is left out 

 there. 



Mr. Carter. There is one in Eussian, too. 



Mr. Phelps. There were duplicate drafts, one in French and one iu 

 English. 



Sir Charles Eussell. There was one iu English and one in 

 French. 



Mr. Foster. They were both originals. 



