46 CASE OF GREAT BRITAIN. 



of anothei' nation in the waters in question outside of ter- 

 ritorial limits. 



The facts disclosed in this Chapter show — 



That the I- kase of the I^]nii)eror Paul in the year 1821 — 

 the first and only atteni])t on the i)art of Eussia to assert 

 dominion over, and restrict the rights of other nations in, 

 the non-territorial waters of the North Pacific, including 

 those of Behring Sea — was made the subject of immediate 

 and em])hatic ])rotest by Great Britain and the United 

 States of America, 



That Russia thereu]»on unequivocally withdrew her 

 claims to such exclusive dominion and right of control. 



That the Conventions of 1824 and 1825 declared and 

 recognized the rights of the subjects of Great Britain and 

 the United States to navigate and fish in all parts of the 

 lion- territorial waters over which the Ukase i)uri)orted to 

 extend. 



59 CHAPTER III. 



Head C. — The qnesfiuii whether the Ixxly of water notv 

 knoiv)i a.s the Behring ^Sea is iitcli<ded in the phrase 

 ^'■Pacific Ocean ^"^ as used in the Treaty of 1825 between 

 Great Britain and liussia. 



It will be remembered that the Ukase of 1821 included 

 the Pacific from the Jiehring Strait southward to the 51st 

 parallel, and that this claim was protested against i)i toto, 

 on the ground that the coast was almost entirely unoc- 

 cupied, and that maritime jurisdiction, even where the 

 coast was occupied, could not extend beyond 3 miles. 



In the first Articles of tlie Conventions of 1824: and 

 1825 the claim to an extraordinary jurisdiction at sea was 

 definitely abandoned, and the abandonment was a complete 

 Avithdrawal of the claim made. It was ]>rincii)aliy against 

 this very claim that the [)rotest of (ircat Britan and the 

 United States were directed, and its relinquishment was 

 therefore, and ])ur})(>sely, i)laced at the head of each of the 

 resulting Conventions. 



Article [ of the Convention l)etween liussiji and the 

 United States is as follows: 



It is agreed that iu any part of the Great Ocean, commonly called 

 the Pacific Ocean, or South Sea, tlie respective citizens or stibjects of 

 the Hij^h Contractinj>Powerssliall lieneithcrdistiirljed nor restrained, 

 either in navigation or in iisiiing, or in tlie power of r<>sorting to tlie 

 coasts, iqion jK)ints which may not already havt; heen occ'upied, for 

 the purpose of trading Avitli the natives, saving always the restric- 

 tions and conditions (hderniincd by tlu'. following Articles. 



Article I of the Convention between Great Britain and 

 Kussia is as follows : 



It is agreed that tlie rcsjx'ctive subjects of the High Contracting 

 Parties shall not lie troubk'd or molested in any ])art of the ocean, 

 commonly calh^d the Pacilic Ocean, cither in na\igating tlie same, in 

 lishing therein, or in lan<ling at sneii parts of the coast as shall not 

 have l)een already occn])ic(l, in order 1o trade with the natives, under 

 the restrictions and conditions specilicd in the following Aiticles. 



