87 



We now come to the third point in Article vi of the Treaty — 



Was the body of ivater now Tcnown as the Bering Sea included in the 

 phrase '■'Facific Occan,^^ as used in the treaty of 1825 hetiveen Great 

 Britain and Bussia; and what rights, if any, in the Bering Sea were 

 held and exclusively exercised by Russia after said treaty? 



An affirmative answer to this question would sustain the position taken 

 by Mr. Blaine, to the elfect that the treaty of 1825, as between Eussia and 

 Great Britain, had reference only to the dispute in respect to the bound- 

 ary line between those countries on the northwest coast of America, 

 south of the GOth degree of north latitude, and to the waters of the 

 Pacific Ocean south of the Alaskan Peninsula, and in no way to the 

 waters of Bering Sea, or to the Ukase of 1821 in its application to 

 the waters of that Sea. If that i^osition was well taken, it might be 

 fairly contended that Great Britain by signing the treaty of 1825, 

 impliedly recognized, or determined not to further question, the valid- 

 ity of the Ukase of 1821 in its application to the waters of Bering Sea, 

 for the distance of 100 Italian miles from its shores and islands in 

 that sea. But if "Pacific Ocean" in the treaty of 1825 embraced 

 Bering Sea, it would follow that that treaty had the effect to annul or 

 withdraw that Ukase, so far as it asserted authority in Eussia to molest 

 or disturb the subjects of Great Britain in navigating, or fishing 

 in, any of the open waters of Bering Sea or of the north Pacific 

 Ocean. 



It will be observed that there is no substantial difference between 

 the treaties of 1821 and 1825, in respect to the description given of the 

 waters in which the citizens or subjects of the High Contracting Parties 

 were to enjoy freedom of navigation and fishing. The words in the 

 treaty of 1824, "the Great Ocean, commonly called the Pacific Ocean 

 or South Sea," evidently describe the same waters as the words, "the 

 Great Ocean, commonly called the Pacific Ocean," in the treaty of 1825. 



Before the latter treaty was negotiated the British Government had in 

 its possession a copy of the treaty between Eussia and the United States. 

 Mr. George Canning, in his letter of December 8th, 1821, referring to a 

 projet proposed by Great Britain, and which Eussia rejected, and to a 

 counter projet proposed by Eussia which Great Britain had rejected, 

 said that the stipulation for free' navigation in the Pacific stood in the 

 front of the Convention concluded between Eussia and the United States 

 of America J that no reason existed why upon similar claims Great Britain 



