ORAL ARGUMENT OF HON. EDWARD J. FHELPS. 169 



exclusive right of occupation aiuT discovery whicli miolit have been 

 open at that time to considerable dispute, on the strenglli of one little 

 settlement at Archangel. And you will perceive that IVIr. Adams takes 

 occasion to deny, whether he meant to insist on it or not, but as a part 

 of his argument, and to show Eussia that their claims were not so well 

 established, — he says in effect, "If you choose to get into a debate on 

 the subject of how far Eussia has the exclusive dominion over all this 

 territory, by right of possession and occupation, there are two sides to 

 that question, and we may have something to say upon it". Now, all 

 that is settled. There is, as I said, a grant on each side for 10 years, 

 of the right to visit and trade with tlie settlements of the other, and it 

 must be plain that these general words of friendship cannot control the 

 terms which lix the boundary. 



Senator JMorgan. — This was the first Treaty between the United 

 States and Eussia of any kind? 



Mr. Phelps. — Yes. 



Senator Morgan. — It was natural that there should have been an 

 expression to each other of a cordial state of feeling. 



The President. — Yes. I quite admit that. 



Mr. Phelps. — This general language does not help you in determin- 

 ing the meaning of Article I whether Behring Sea was or was not 

 included in the term Pacific Ocean. You get no light from the pream- 

 ble, because it is equally ai)plicable and proper in either cnse. It does 

 not help us to exclude Behring Sea; it does not help us to include it, 

 and when you come to Article V you will notice that it is a limitation 

 on Article IV, which grants this 10 j^ears mutual right. It says all 

 spirituous liquors, firearms, other arms, powder, munitions of war of 

 every kind are always excei)ted from this same commerce x)ermitted by 

 the preceding Article, that is Article lY. 



jSTow, Sir, as I have reached the point of considering the British 

 negotiations, perhaps you will think it better to adjourn before that is 

 taken up. 



The President. — Yes. 



[The Tribunal there adjourned until Tuesday, the 4th July, at 11.30.] 



