98 



That Great Britain signed the treaty of 1825 witliont any knowledge 

 that the treaty of 1824 would be interpreted otherwise than by its 

 words, according to their natural signification, is shown by the letter 

 of Mr. Stratford Canning (who negotiated the treaty of 1825) to Mr. 

 George Canning, under date of April 3-15, 1825, in which he said: 

 "Eeferring to the American treaty, I am assured as well by Count 

 Nesselrode as by Mr. Middleton [the American minister at St. Peters- 

 burg] that the ratification of that instrument was not accompanied by 

 any explanations calculated to modify or afJect in any way the force 

 and meaning of its articles. But I understand that at the close of the 

 negotiation of that treaty a protocol, intended by the Russians to fix 

 more specifically the limitations of the right of trading with their pos- 

 sessions, and understood by the American envoy as having no such 

 effect, was drawn up and signed by both parties. No reference what- 

 ever was made to this paper by the Russian iilenipotentlaries in the 

 course of my negotiations with them; and you are aware, sir, that the 

 articles of the convention which I concluded depend for their force 

 entirely on the general acceiitation of the terms in wliich they are 

 expressed." It does not ajipear that any such protocol was ever, in 

 fact, executed 5 at any rate, we have no evidence that it was executed. 



If this were a case between the United States and Russia, involving 

 the question as to whether the treaty of 1824, in using the words 

 "Pacific Ocean," covered the waters of Bering Sea, other considera- 

 tions might possibly arise than those which must determine that ques- 

 tion under the treaty of 1825 with Great Britain. Here the inquiry is 

 wliether Great Britain and Russia in that treaty referred to "Pacific 

 Ocean" as including Bering Sea. And tlmt inquiry can only be deter- 

 mined, apart from the words of the treaty itself, by what passed between 

 the representatives of those two countries during the negotiations 

 resulting in the treaty between them, of whicli the only evidence is 

 found in the letters and official documents having rei'erence to those 

 negotiations. 



Did Russia and Great Britain intend that Article I of the treaty of 

 1825, by which those powers agreed that their respective subjects 

 " shall not be troubled or molested in any i)art of the Great Ocean com- 

 monly called the Pacific Ocean, either in navigating the same or in 

 fishing therein," should be applicable to Bering Sea? Did either Gov- 

 ernment at the time the negotiations were opened, or when the treaty 

 was concluded, regard Beriug Sea as outside of the ocean " commonly 



