90 CASE OF GREAT BRITAIN. 



Article 560. 



Ibid., p. 262. The maritime waters, even wlien they wasli tlie sliores, where there 

 M. (le Giers to jg j^ pgi-maugn^ populatioD, cannot be the subject of private posses- 

 Juiio 1 a3)"l88'>' sion; they are open to the use of one and all. 

 voT ii^i^it'n; Ii^ a letter to Mr. FrelingHnysen of the 14th Mnrcli, 1882, 

 No.' 17.' Ibid., p'. Mr. Hoftmaii shows what he niulerstood to be the meaning 

 lix, v^olfit^Part applied by M. de Giers to the words "territorial waters." 

 Ti, No. 14. ' He writes : 



The best whaling grounds are found in ihe hai/s and inlets of the Sea 

 of Okhotsk. Into these the Russian Government does not permit 

 foreign whalers to enter, upon the (jronncl that the cntnince to tlicin, from 

 headland to headland, in Jess than 2 marine leagues wide. 



^ibid^^pp.^262, Indeed, M. de Giers, in the letter of the 8th (20th) May, 



dtx, voL ii,^Part 1882, already (pioted, makes it clear that, as to fishing and 



II, No. 16. hunting, the rule was the same, and that the prohibition 



of vessels engaged in these pursnits extended only over 



the marine league from the shores of the coasts "and the 



islands called the 'Commander' and the 'Seals.'" 



The island referred to as the "Seals" is Eobben Island, 

 and the reference to this and the Commander Islands indi- 

 cates that M. de Giers, under the term of "hunting," Avtis 

 referring specially to the sealing industry. 



CA.se of the "ELIZA." 



On the 21st July, 1884, the United States schooner 



"Eliza" was seized by the liussian cruizer "Razboindc" in 



the Anadir Eiver, which runs into Anadir l>ay, a 



50th Cong., 2nd 118 northern portion of Behring Sea. It was repre- 



vot^T^'m^t- sented to the United States that she was there trad- 



263.' hig and hunting walrus. The United States Vice-Cousul- 



General at dapan termed the seizure "an act of piracy." 



Ibid., p. 27U. General Vlangaly, writing from the Department of 



voh ii^K'n; Foreign Affairs on the 19th (31st) January, 1887, explained 



No.io! ' that the "Eliza ''was arrested, "not for the fact of seal 



hunting," but for violating the prohibition touching 



trading, hunting, and lishing on the Itussian coasts of the 



Pacific without special licence. 



Ibid., p. 209. The crew, it was found, were trading with the natives 



on the coasts of Ivamtchatka, as well as hunting walrus. 



Ibid. seoAp This appears to have been accepted as a valid cxplana- 



peii'bx, voi^^ji- tion; but vrith reference to the seizure of this shi]) and of 



' °' ■ the "Henrietta," Mr. Lothrop, United States Minister at 



St. Petersburg, Avriting to Mr. I^ayard, the United States 



Secretary of State, on the 17th February, 1887, remarks: 



I may add that the Russian Code of Prize Law of 1869, Article 21, 

 and now in force, limits the jurisdictional water.s of Russia to 3 miles 

 from the shore. 



CA.SE Ol" THE "IIENHIETTA." 



ii)id., p. 2ti7. The United States schooner " Henrietta" had been seized 



on the 29th August, 1880, off East Cape in IJehring Strait 



by the Pussian cor\'ette " Kreysser." 



Ibid., p. 20!). ljxi)laiiations from the Kussian Govt^rnment were 



See Api)endix, promptly demanded by the United States, and it was 



No!'i8.' ^^^^ ^^' alleged she was arrested tor illicit trading on the Pussiau 



coasts. 



