CASE OF GREAT BRITAIN. 99 



the Behring Strait. From the American side of this strait the waters 



of the Bebriug Sea wash the coast of the maiiilaud of Alaska as far 



south as the Peninsula of Alaska. P^'rom the extremity of this 



129 peninsula, in a loiigsweeping curve, the Aleutian Islands stretch 

 iu a continuous chain almost to the shores of Kamtchatka, thus 



eucasing the sea. 



And he concludes; 



Enough has been said to disclose the basis of Russia's right to juris- 

 diction of the Behring Sea under the law of nations, viz., original pos- 

 session of the Asiatic coast, followed by discovery and possession of 

 the Aleutian chain and the shores of Alaska north, not only to Behring 

 Strait, but to Point Barrow and the Frozen Ocean, thus inclosing 

 within its territory, as within the embrace of a mighty giant, the 

 islands and waters of Behring Sea, and with this the assertion and 

 exercise of dominion over land and sea. 



Such is our understanding of the; law, such is the record. Upon 

 them the United States are prepared to abide tlie Judgments of the 

 Courts and the opinion of the civilized world. 



On the 10th September, 18S7, the Marquis of Salisbury bi no Book, 

 addressino- Sir Lionel West, British Minister at Washing- x^^'^igofK").! 

 ton, discussed the proceedings in the United States' Dis- ^^- ^^f j^^'^®"' 

 trict Court in the cases of the "Carolena,'' " Onward,'' and ' ^' ^ • 

 "Thornton."' After stating tliat Her iMajesty's Govern- 

 ment couhl not lind in these proceedings any justification 

 for the condemnation of those vessels, he wrote: 



The libels of information allege tliat tluiy were seized for killing I?l}'<^ Book, 

 fur seal within tlie limits of Alaska Territory, and in tlie waters "^ "j*^'^^^;',**^^ 

 thereof, in violation of section 19.")(j of the Revisetl Statutes of the gg ' t;ge Ap'peu- 

 United States; and the United States Naval Commander Abbey cer- dix, vol. iii. 

 tainly aftirmed that the vessels were seized within the waters of 

 Alaska and the Territory of Alaska : l)ut according to his own evi- 

 dence, they were seized 75, 115,- and 70 miles respectively south- south- 

 east of St. George's Island. 



It is not disputed, tlierefore, that the seizures in ([uestion were 

 effected at a distance froui land far in excess of the limit of maritime 

 jurisdiction which any nation can claim by international law, and it 

 is hardly ueces.sary to add that such limit cannot be enlarged by any 

 municipal law. 



The claim thus set up appears to be founded on the exceptional 

 title said to have been conveyed to the I'uited States by Russia at the 

 time of the cession of the Alaska Territory. The iiretension which 

 the Russian Government at one time put forward to exclusive juris- 

 diction over the Avhole of Behring Sea was, however, never admitted 

 either by this country or by the United States of America. 



Ui)on this ground the discussion between Her 



130 Majesty's Government and the Government of the 

 United States was carried on for some years until the 



receipt of Mr. lUaine's despatch of the 22nd January, 1S90, 

 to Sir Julian rauncefote, the British Minister at Wash- 

 ington. Avherein a new or modified i)osition was taken u]), 

 and it was asserted to be contra honos mores to engage in 

 the killing of seals at sea. 



MR. BLAIXE TI'ON THE SKIZURKS. 



Mr. Blaine, after promising Sir Julian Pauncefote to 

 put in writing the precise grounds ui)on which the United 

 States justified the seizures, w^rote as follows: 



SKALING CONTRA 150N0S MOKES. 



In the oi)inion of the President, the Canadian vessels arrested and Mr. 731aine to 



stained in the Behrinjr Sea were eusjaged in a pursuit that is iu itself '^i'" J- I'amnf- 



'^ ^ '^ ^ lote, J .'I unary 



22, 1890. Blue Book, " United States No. 2 (1890)," p. 396. See Appendix, vol. iii. 



