ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 149 



of Bebriii<;- Sea, rather than to the real North-west coast. He says he 

 must request the Secretary to consider that the ordiiuiry conditions of 

 a shut sea attend the case, and that the Eussiau Government might well 

 have claimed it, but he says: 



But it preferred only asserting its essential rights without taking any advantage of 

 localities. 



Now what is JNIr. Adams' reply to that*? It will be found on page 134. 

 Of course, I do not read it all. 



This pretension. 



having recited what I have just quoted from M. Poletica. 



Is to be considered not only with reft'rence to the question of territorial right, 

 but also to that prohibition to the vessels of other nations, including those of tlie 

 United States, to approach within 100 Italian miles of the coasts. From the period 

 of the existence of the United States, as an independent nation, their vessels have 

 freely navigated those seas, and the right to navigate them is a part of that inde- 

 pendence. 



Then further down he says: 



The right of the citizens of the L^nited States to hold commerce with the aborig- 

 inal Natives of the north west coast of America without the territorial jurisdiction 

 of other nations even in arms and munitions of war, is as clear and indisputable as 

 that of navigating the seas. That right has never been exercised in a spirit unfriendly 

 to Russia; and although general complaints have occasionally been made on the 

 subject of this commerce by your predecessors nospecitio ground of charge has ever 

 been alleged by them of any transaction in it which the United States were, by the 

 ordinary laws and usages of nations, bound either to restrain or to punish. 



Now is it possible to doubt what those gentlemen were talking about 

 in such language as thaf? What locality did they refer to. Did they 

 refer to a locality which \he United States vessels had never invaded, 

 where they had no trade, and no business — where no remonstrance ever 

 could have been made, or did they refer to the shore to which alone such 

 language had any sensible application? 



Then comes M. de Poletica's reply, and this is the last letter in this 

 connection that I have occasion to read. He says: 



As to the right claimed for the citizens of the United States of trading with the 

 natives of the country of the north-west coast of America, without the limits of the 

 jurisdiction belonging to Russia, the Imperial Government will not certainly think 

 of limiting it, anil still less of attacking it there. But I cannot dissemble. Sir, that 

 this same trade beyond the 5l8t degree will meet with difficulties and inconven- 

 iences, for which the American owners will only have to accuse their own imprudence 

 after the publicity which has been given to the measures taken. 



Now what I derive from this. Sir, is that in the origin of this contro- 

 versy between America and Great Britain when the language of the 

 Ukase of 1821 was first challenged, the claim of the United States by 

 language which cannot be mistaken because it was only one subject that 

 it had application to was, first: "You have extended your boundary 

 without authority to a limit that we do not agree to." Secondly: "You 

 have undertaken to put a stop to the business which the United States 

 vessels have long been carrying on in trading with natives on their coast 

 and to exclude us from coming within 100 miles of that coast, and that 

 assertion we altogether deny''. 



Now I repeat, Sir, what I said a little while ago: suppose all there 

 liad been in the Ukase of 1821 was: "we assert the exclusive right to 

 fur seals in Behring Sea", is there any reason to suppose that Avhat Mr. 

 Adams said or what he ever said or what any American has ever said 

 who corresponded on tliis subject — either that the Government had any 

 desire to controvert that or any personal interest in converting it, or 

 that such an assertion of right would have been for a moment chal- 



