41 CHAPTER III. 



Head (0). — The question whether the hodi/ of water now known as Behring 

 Sea is included in the phrase '■'■Pacific Ocean,'^ as used in the Treaty of 

 1825 hetweeyi Great Britain and Russia. 



The United States Contentions. 



(1.) United States Case, p. 26— 



" By which term [north-west coast of the American Continent] it is intended to 

 designate the coast between Prince William Sound and the mouth of the 

 Columbia Eivcr." 

 (2.) United States Case, p. 52 — 



"That the term 'Great Ocean, comn.only called the Pacific Ocean or South Sea,' 

 used in Article I of the treaty of 1824 with the United States, and the term, ' the 

 Ocean, commonly called the Pacific Ocean,' used in Article I of the Treaty of 

 1825 with Great Britain, did not apply to and include ]5ering Sea, is shown by a 

 study of the nuxps, charts, and writings of navigators at the time of and prior 

 to the negotiation and celebration of these treaties. A list of these maps and 

 charts is appended hereto, and a careful examination of the same is invited. It 

 will be seen from them that the best geographers have at all times distinguished 

 this body of water from the ocean lying south of it by conferring upon it some 

 separate name, in most cases either that of Sea of Kamchatka, Bering Sea, 

 North-eastern Sea, or Eastern Ocean." 

 (3.) United States Case, p. 57 — 



" By the ukase of 1821, Russia had publicly claimed certain unusual jurisdiction 

 both over Bering Sea and over a portion of the Pacific Ocean, yet in the result- 

 ing treaties, which constituted a complete settlement of all differences growing 

 out of this ukase, no reference is made to this jurisdiction so far as it related to 

 Bering Sea, altliough it is expressly and conspicuously renounced as to the 

 Pacific Ocean." 

 (4.) United States Case, p. .58— 



" It appears from an, examination of the correspondence and treaties 



that tlie coasts, interior waters, &c., upon and in which the United States and 

 Great Britain were allowed to tr.ade for ten years without restrictions, were 

 limited on the west by Yakutat Bay and Mount St. Elias; that is to say, that 

 this right was restricted to the coast-line, concerning the ownership of which 

 there may have been some possible dispute."*^ 

 (5.) United States Case, p. 69— 



"That the body of water known as Bering Sea was not included in the ])hrase 

 ' Pacific Ocean.' as used in the treaty of 1825." 

 (6.) United States Case, p. 297— 

 "That Bering Sea was not included in the phrase 'Pacific Ocean' as used in the 

 treaty of 1825." 

 (7.) United Stales Case, p. 302— 



"That the body of water now known as Bering Sea was not included in the phrase 

 'Pacitic Ocean,' as used in the treaty of 1825." 



* Article IV of the Treaty of 1824, and Article VII of the Treaty of 1825. 



37 



