CASE OF GREAT BRITAIN. 109 



over a considerable portion of the non-territorial waters of 

 the North Pacitic (inclndin*!,' a large i)art of the non-terri 

 torial waters of Beliring- Sea) as over a marc clasnju^ the 

 practice of nations and tlieir admitted rights upon the high 

 seas were already entirely opposed to any claim to such 

 exclusive and exceptional rights as were embodied in or 

 implied by the Ukase. 



That this attempt on the part of Eussialed to immediate 

 and emphatic protests by Great Britain and the United 

 States, which protests led to the withdrawal of Eussia's 

 claims. That those claims were never recognized or con- 

 ceded by Great Britain in the smallest degree. 



That, in view of the continued pra entice of nations and the 

 growth of the ])rinciples of international law since 1821, 

 the arguments then employed by (Jn at Britain and the 

 United States have to-day, if i)ossib]e, even greater weight 

 than at that period. 



(C). That the body of water now commonly known as ciiiiptcriiT. 

 " Behring Sea" is included in the phrase " Pacific Ocean" 

 as used in the Treaty of 1825 between Great Britain and 

 Kussia, and tbat that Treaty was intended to declare the 

 rights of Great Britain to navigate and fish in all the 

 waters over which Eussia had attempted to control and 

 limit such rights, that is to say, from Behring Strait on the 

 north to latitude 51° on the coast of America, and latitude 

 45° 50' on the coast of Asia. 



(D). That for a period of more than fort}' years, that is to chapter iv. 

 say, from 1821 to 1807, the subjects and vessels of Great 

 Britain and the United States and other nations continued 

 in increasing numbers to navigate, trade, and lish in the 

 waters of Behring Sea, and that during the whole of that 

 period no attempt was made on the part of Eussia to 

 reassert or claim any dominion or Jurisdiction over the non- 

 territorial waters of that sea; but that, on the contrary, 

 the right of all nations to navigate, fish, and exercise com- 

 mon rights therein was fully recognized. 

 144 (E). That at the time of tlie acfiuisition of Alaska chapti-rv. 



by the United States pursuant to the Treaty of the 

 30th March, 18(57, Eussia had no rights in respect of 

 Behring Sea other than those which belonged to her as 

 possessing territories washed by its waters, and could not 

 transmit to the United States any rights of exclusive 

 dominion or control over navigation and fishing in non- 

 territorial waters, and the Unite(l States of America acquir- 

 ing as they did all the rights of Eussia, acquired no more. 



Further, that at the time of the acquisition the United 

 States of America was fully alive to the fact that the non- 

 territorial waters of Behring Sea were open to the ships of 

 all nations for the jiurpose of the exercise of the common 

 rights of navigation and fishing. 



That as to the rights which Eussia possessed at the time 

 of the Treaty of 1807, and A\hich v»'ere transferred to the 

 United States by virtue of that Treaty, the ordinary rule 

 as to the extent of maritime jurisdiction ajtplied. 



