ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 157 



Sir Charles Kussell. — T liave asked my learned frieiul's permission 

 before be resumes, to ])oiiit out in reference to tbe map before Mr. Jus- 

 tice Harlan that there are some other woids that had better be 

 explained. 



The President. — If you please, Sir Charles. 



Sir Charles Eussell. — You will observe just north of Behring 

 Strait a number of words stretching- away to the right and going down 

 in the direction of the 50th degree, — ending Just above tlieOOth degree. 

 The translation of those words beginning from Behring Strait and 

 going down between 55° and 50° is " Part of the northwest Coast of 

 America ". I do not, of course, argue upon it; I merely wish to trans- 

 late it. The fact is referred to at page 62 of the British Case. 



Mr. Phelps. — Now, Sir, the ({uestion we are upon is, whether or not 

 by this designation of what is commoidy called the Pacific Ocean or 

 South Sea, Behring Sea is included? I say that is a question that can 

 only be decided at this day by the authoritative maps then in existence, 

 and which these parties may be presumed to have been informed of, or 

 which we know they had before them. This official and important map 

 of 180L* lays that down in such a way that it is ])erfectly inconceivable, 

 I respectfully submit, that any negotiators drawing a Treaty intending 

 to include Behring Sea should have left it with any vsuch words as these, 

 with the maj) before them showing as it does that it is not included, 

 but is designated by a different name; — that if they desired to include 

 it they Avould not have used language that would have included it. 

 Before we have done with this discussion, I shall show that it was pro- 

 posed to introduce just such language, and Bussia refused. 



Before leaving the Eussian maps, however, let me call attention to a 

 map of 1817, which is named in the British list and which is likewise 

 so far an official map, called the Eussian War Topograi)hical Depot 

 Map; likewise an official and public map published by the Eussian Gov- 

 ernment much later, being the then latest Eussian map at the time of 

 these negotiations; that is to say, being 5 or 6 years old. In that, 

 Behring Sea is named in the same way as Okhotsh Sea is, and Pacific 

 Ocean is named. So that if the Eussian Government had reference to 

 or was informed by its own latest official map, it states still more 

 strongly and clearly than the map, if possible, of 1802. 



Let me now refer to the American maps. If the Eussian maps, which 

 they must be presumed to have been instructed by and which they did 

 have before them, designate this water as a separate sea, let us see 

 what the Americans, if they referred to their own maps, had in the way 

 of information before them. Of the 10 maps published iu America and 

 cited, all but two give a separate name to Behring Sea. You have 

 there exactly what you find on the other side of the Atlantic, in Eus- 

 sia. What about those two? One of them is a map which is in an 

 atlas published by Fielding Lucas, in 1812, and the map in that atlas 

 immediately preceding it and the ma]> immediately following it give 

 the separate name of the Sea of Kamschatka to this Behring Sea. The 

 l)articular map which my learned friends set out from Lucas' Atlas, 

 does not give a separate name to Behring Sea, but when you turn 

 over the page and look at the one that precedes it and when you 

 turn over the page the other way, and look at the one that succeeds it, 

 you will find the publisher of that map did understand this to be a sep- 

 arate water, and omitted that in this particular map because it was a 

 map of the World; the one ])reccding it is the map of the western 

 hemisphere, and the one following it I do not know the name of; but 

 in the map of the World, wliich, of course, would render this very much 



