10 CASE OF GREAT BRITAIN. 



8 That ill 1821 wlicii Russia did atteiiiiit by Ukase, 

 L e., by formal declaration, to close to other nations, 



the waters of a great part of the Pacitic Ocean (includiug 

 Behring Sea) Great Britain and the United States immedi- 

 ately protested against any sucli attempted interference, 

 maintaining the absolute right of nations to navigate and 

 fish in the non-territorial waters of Behring Sea and other 

 non-territorial waters of the Pacitic Ocean. Both countries 

 asserted that these rights were common national rights, 

 and could not be taken away, or limited by Ukase, Procla- 

 mation, or Declaration, or otherwise than by Treaty. 



That in the years 1824 and 1825, in consequence of these 

 protests, Russia unconditionally withdrew her pretensions, 

 and concluded Treaties with the United States and with 

 Great Britain which recognized the rights common to the 

 subjects of those countries to navigate and flsli in the non- 

 territorial waters of the seas over Avhich Russia had 

 attempted to assert such pretensions. 



That from the date of such Treaties down to the year 

 1867, (in which year a portion of the territories which had 

 been referred to in and affected by the Ukase of Russia in 

 the year 1821, was purchased by and ceded to the United 

 States), the vessels of several nations continued, year by 

 year, in largely increasing numbers, to navigate, trade, and 

 fish in the waters of Behring Sea, and that during the 

 whole of that period of nearly fifty years there is no trace 

 of any attempt on the part of Russia to reassert or claim 

 any dominion or jurisdiction over the non-territorial waters 

 of that sea, but, on the contrary, the title of all nafions to 

 navigate, fish, and exercise all common rights therein was 

 fully recognized. 



That on the purchase and acquisition of Alaska by the 

 United States in the year 1867, the United States were 

 fully aware and recognized that the riglits of other nations 

 to navigate and fish in the non-territorial waters adjacent 

 to their newly ac<iuired territory, existed in their full 

 natural state, unimpaired and unlimited by any Treaty or 

 bargain whatever. 



That, from the year 18(57 down to the year 1886, the 



United States, while they lawfully and properly controlled 



and legislated for the shores and territorial waters of 



9 their newly acquired territory, did not attempt to 

 restrict or interfere with the rights of other nations 



to navigate and fish in the non-territorial waters of Ijehring 

 Sea or other parts of the Pacifi(! Oceiin. 



That, under changed conditions of territorial ownershi]), 

 and in view of certain new circumstances which had arisen 

 in consequence of the growth of the industry of i>elagic seal- 

 ing in non-territorial waters, the United States reverted, 

 in the first instance, to certain claims based upon those 

 of the Russian Ukase of 1821, which the United States, 

 together with Great Britain, had successfully contested 

 at the time of their promulgation; but in the course of the 

 discussions which have arisen, these exceptional claims to 

 the control of in )n -territorial waters were dropjied, and in 



