190 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



were assisted by three deserters from a United States vessel, the "Jenny", which 

 had called at Sitka not long before. Shortly afterwards, an English vessel, the 

 "Unicorn," Captain Barber, arrived at Sitka, and two other vessels, reported by 

 the Russian survivors as English, but one of these Bancroft believes to have been the 

 United States vessel "Alert." 



Hantin.ii" therefore, wliich was conducted with fire arms necessarily, 

 was sonictliiiiff that I suppose Russia for the peace of herself and the 

 safety of the lives of her subjects desired to repress, hence their inter- 

 position of the 100 mile limit which Great Britain recognizing as being 

 too large, was willing to reduce to two marine leagues. 



That is ray view of the progress of the matter, and that is my view 

 of the reason why in the Treaties of 1824 and 1825 no mention was 

 made of the 100 mile limit in the general settlement of it, but it was 

 left to stand for the protection of the lives of Russian settlers against 

 the raids of these Traders. 



The President. — Do you mean to say, Mr. Senator, it meant to 

 stand along the north-west coast! All you have been reading relates 

 to the north-west coast. You do not mean to say that the 100 mile 

 limit was applicable to the north-west coast, or to the Treaty? 



Senator Morgan. — Applicable to the 100 mile limit — applicable to 

 the north-west coast, — by which 1 suppose the learned president means 

 that portion of the Country that is occupied now chiefly by the British 

 American ijossessions? 



Sir Charles Kussell. — Oh no, no. 



Senator Morgan. — Whether it applies to that alone, or whether it 

 applies to that and Behring Sea, the purpose is the same. 



The President. — Yes. 



Senator Morgan. — That was, to keep ships — to keep these Trad- 

 ers — from going there supplying fire-arms, ammunition and whiskey to 

 the settlers whereby they would probably keep down these massacres 

 and raids. 



Marquis Venosta. — So many questions have been put to you, Mr. 

 Phelps, that I hardly like to ask you another. 



Mr. Phelps. — I am most happy to hear them. Sir. 



Marquis Venosta. — I should like to ask you this: you have said that 

 the British Government accepted the American interpretation of the 

 treaty of 1824. 



Mr. Phelps. — Yes. 



Marquis Venosta. — I remember there being some question between 

 the United States and Russia concerning the sea of Okhote and the 

 Behring Sea many years after the treaty and after the treaty of cession, 

 namely, a questicm concerning the proclamation of the Russian consul 

 in Japan and the question concerning the seizure of a vessel called the 

 "Eliza". 



Mr. Phelps.— Yes — the "Loriot". 



Marquis Venosta. — Uo you not think that those questions had some 

 bearing on your contention — that the inference is that there was an 

 interpretation of the American Government accepting the interpreta- 

 tion proi)osed by Baron de Tuyll, and binding in some way the British 

 Government? 



Mr. Phelps. — I was intending to allude to the case of the "Loriot", 

 and after luncheon I shall be happy to endeavor to answer the question 

 of the Marquis. 



Marquis Venosta. — If you please. 



The President. — Then if you please, Mr. Phelps, you will be good 

 enough to answer the question after luncheon. 



[The Tribunal here adjourned for a short time.] 



