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ARGUMENT OF THE UNITED STATES
45

midchanvel. and the substitution in its place of a speci and conven- tional rule dechiuving the contrary. See Grotius, De five Bellé ve Lueis Wh, UW, e. 1: Bhintschli XV. 2: Martens, /rcers, $ LL, p. 8205 Bluntschli, Uivterrech?, & 402. Lardy's trans.: Calvo, Meort fat. 1. £19, p. 100: Phillimore, Int, Law, 1, pp. 44-45 (2 ed... London); Twiss. Law of Nations, 1, pp. 150-181; Lawrence's Wheat.. p, 28: Halleck. Tot. Law. 1 (Baker ed.), p. 50; Lorimer, Ins, of Int. Law, i. p. 45.

Reference in this connection is made to the rule of construction No, 6 set forth above. whieh provides Chat it is not to be presumed Without very strong reasons that one of the contracting parties intended to fayor the other to his own prejudice, It is not to he pre- sumed. therefore, that the Russian Government intended to abandon the use of the only channel leading to its possessions along the southern boundary of the //s/are, whieh it knew to be navigable and sife, and to contine itself to the use of a channel whieh was not of stiticient importance to be clearly shown on some of the charts and on others was shown to be so broken and tortuons that its dangerous and undesirable character both for navigation and as a boundary is evident at a wlance.

SOUTHERN LINE OF RUSSIA AS DEFINED IN TREATY OF 1524 BETWEEN RUSSIA AND TILE UNITED STATES.

It was claimed by the United States that the territorial claims of (ireat Britain and the United States were coextensive and concurrent on the northwest coast of North Atmerica. ‘The idea that the United States bad “no territorial pretensions so high as the tifty-tirst degree of north latitude and no territorial interest in the demarention of the boundary between Tlis Majesty and the Emperor of Russia to the north of that dexree™ was dissipated by the note of dir C. Tagot to Mr. Canning of October 17 24, 1823. in whieh he suid:

Althongh Mr. Middleton has not eomminnicated to me the instructions which he had reeeived, TE have eolleeted from him, with certainty what PT liaye long bad reason to suspect, that the Unite! States, so far from admitting that they have ne territorial pretensions xo high as the fifty-thret degree of north butitude auc no teri: torial interest in the demarcation of boundary between [is Majesty and the Enaperor of Roesia to the north of that degree, are fully prepared te aetert that they luiwe at least an equal pretension with those power: to the whole coast ax hivh ase the sixty- first degres, and ap abeclote right to he parties to any stblivision of it whieh aay

now he made, Unless { greatly misconecive the argument of Mr, Middleton, it is