ORAL ARGUMENT OF HOX. EDWARD J. PHELPS. 175 



Mr. Phelps. — Belirino- Sea for a certain purpose, which I shall point 

 out directly, was made of inqiortance in subseciuent negotiations, — the 

 right to navigate through Behring Sea unquestionably, because that 

 is specially spoken of in the correspondence that if vessels cannot 

 pass through Behring Straits no further discoveries in the Korth could 

 be made. The gate is shut to the whole world, and the right to pass 

 through Behring Straits is spoken of; and it is immediately met by an 

 assurance on tbe i)art of Bussia that they had no intention whatever 

 of closing up Behring Straits. 



Lord Hannen. — That had been already the subject of negotiation, 

 because you see the allusion in the passage is this : 



For reasons of the same nature we cannot consent that the liberty of navigation 

 tlarongh Behring's Straits should be stated in the Treaty as a boon from Russia. 



Mr. Phelps. — Yes, I see. 



It cannot be doubted that the Americans consider themselves as secured in the 

 right of navigating iiehring's Straits and the sea beyond tliem. 



I am obliged to your Lordship for calling attention to it. That was 

 unquestionably understood. 



Lord Hannen. — But under what words was it stipulated or agreed 

 in any way that the Americans should have the right of navigating 

 Behring Straits and the sea beyond! 



Mr. Phelps. — You will see it in Mr. Stratford Canning's letter, on 

 page 80. 



Lord Hannen. — But I mean what words of the Treaty carry if? 



Mr. Phelps. — It will come in under the Article we have been dis- 

 cussing in the American Treaty, Article I. 



Lord Hannen. — That is, under the term "Pacific Ocean". 



Mr. Phelps.— Under the term "Pacific Ocean". 



Sir Charles Eussell. — Fishing and navigation. 



Mr. Phelps. — But as controlled by the other language. It is one 

 thing to concede the right of navigating and, if you please, fishing 

 through the Behring Sea and through the Behring Straits which was 

 never in dispute between the parties; it is another thing to throw 

 open to them, according to the language of this first Article of the 

 Treaty, the right to pursue these various industries. 



In this letter that I was about to refer to, you will see that that was 

 never disputed. Mr. Stratford Canning writes, on page 50, in his letter 

 of the 17th of February, 1825: 



With respect to Behring's Straits, I am hap]\v to have it in my power to assure 

 you, on the joint authority of the Russian Plenipotentiaries, that the Emperor of 

 Russia has no intention wliatever of maintaining any exclusive claim to the navi- 

 gation of those straits or of the seas to the north of them. 



It cannot be necessary, ander these circumstances, to trouble you with a more 

 particular account of tlie several conferences which I have held with the Russian 

 Ph-niixitentiaries; and it is but justice to state that I have found them disposed, 

 throughout this latter state of the negotiation, to treat the matters under discus- 

 sion with fairness and liberality. 



There is another letter somewhere in which this is referred to; and 

 in reply to a letter which you will remember was written by one of the 

 British Negotiators, Russia replies that they had no idea whatever, just 

 as Mr. Canning says was repeated to him, of interrupting the naviga- 

 tion through Behring Straits. 



Lord Hannen. — Tliey had at one time an idea of doing so, and said 

 it was a new proposal, they did at one time think of disputing it. 



Mr. Phelps. — Well, they subsequently withdrew from that, because 

 t;hey said they never had any intention of disputing it. 



