188 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



Mr. Phelps. — The first Article, Sir, of this Counter draft, as yoa 

 will observe (atthelastliiie of paije 6S) says: — On tlie north-west coast 

 of America, as \vell as dilfereut points relative to commerce, uavigation, 

 and to the fisheries of their subjects in the Pacific Ocean? 



Sir Charles Kussell. — Commerce, navigation, and fisheries. 



Mr. Phelps. — That is the preamble to the counter draft which gives 

 character to these various provisions. Perhaps the same occurs in other 

 Articles; but it is to be observed in respect of Article VI, as I was 

 about to say, that if the previous article — 



Sir Charles Russell. — Article III refers to it. 



Mr. Phelps. — 1 was about to observe that in my aijprehension, with 

 much respect. Article VI is conclusive in this draft to show that the 

 language in Article V was not understood as embracing Behring Sea, 

 because if it was, Article VI becomes superfluous. 



Sir Cfiarles Russell. — No. 



The President, — Article VI applies to the Straits merely and to 

 the sea beyond the straits — to the iSForthern Sea — to the Arctic Ocean, 



Mr. Phi^lps. — There was no dispute between tlj^ese parties as to the 

 right to navigate the Frozen Ocean or the Arctic Sea ; and Behring Sea 

 of course (comprehended the right to go out of Behring Straits. Now 

 if imder the provisions of Article V the right was confirmed to go 

 through that sea and tlirough Behring straits, what do you want with 

 Article VI in which it is said that the right of navigation shall extend 

 through the Straits, 



Tiie President, — That is why England objected to this Article — she 

 did not want to take that as a boon. 



Mr. Phelps, — Exactly; but we are now upon the construction of the 

 meaning of the Article if you had accepted Article VI as an addition 

 which tlie language of Article V requires. 



The President. — Well, it might be said, Mr. Phelps, fairly, that 

 "the Pacific Ocean", in Article V, means anything else but the Straits 

 and the aSTorthern Sea. 



Mr. P HELPS. — Of course it does not mean the Northern Sea — but 

 that had never been in question at all. 



The President. — If "the Pacific Ocean" means all the sea south- 

 wards of the Straits and all the Northern Sea, the words "Pacific 

 Ocean" in Article V may be construed virtually, in such a way as to 

 mean the sea soulli of the Straits. 



]Mr, Phelps, — Yes. 



The President. — The Straits come in Article VI. It is all the sea 

 that is not provided for in Article VI, In Article VI it provides merely 

 for the Frozen Ocean; consequently Article V provides for all the 

 remainder — Behring Sea, and the Pacific Ocean 



Mr. Phelps. — It is impossible. Either the language of Article V 

 does include Behring Sea, or it docs not. 



Sir Charles Russell, — It does. 



The President. — That is what it seems to do. 



Mr. Phelps. — If it does, you do not need Article VI. 



Sir Charles Russell. — Yes. 



Mr. Phelps. — Because there never was any dispute about the right 

 of navigating the Frozen Ocean. 



The President. — Russia pretended to concede that — that is why 

 England did not want to have it conceded as a grant but as a right. 

 That was the despatch of Mr. Canning. 



Mr, Phelps. — It is a dilfereut question from the question of the con- 

 struction of the language. Lord Hannen's suggestion was that Article 



