116 CASE OF GREAT BRITAIN. 



Ccated by tho. eminent French ^Y^iter can hardly he insisted on. Proba- 

 bly, most authorities will regard it as a reasonable reciuirement that 

 the entr.ance to the sea should be narrow enough to make the naval 

 occupation of it easy or practicable. We, at least, may be ex- 



152 pected to prescribe no definition which would make the Gulf of 

 St. Lawrence a closed sea. 



Behring Sea is not inclosed wholly l)y our territory. From the most 

 western island in our possession to the nearest point on the Asiatic 

 shore is more than 300 miles. From our most western island (Attou) 

 to the neaiest Russian island (Copper Island) is 183 miles. The sea 

 from east to west measures .about 1,100 miles, and from north to 

 south fully 800 miles. The area of the sea must be at least two-thirds 

 as great as that of tho Mediterranean, and more than twice that of 

 the North Sea. The Straits of Gibr.altar are less than miles wide. 

 Tho chief eutrauce to the Gulf of St. Lawrence, which is entirely 

 surrounded by British territory, is only about 50 miles in width. 

 Behring Sea is open ou the north by the straits, 36 miles wide, which 

 form a passage way to the Arctic Ocean. On what grounds and after 

 what modern precedent we could set up a claim to hold this great sea, 

 Avith its wide approaches, as a 7nare clausum, it is not easy to see. 



MR. DANA. 



Dana, in a note to Wheaton's ^' Elements," says: 



Wheaton, 8th The only question now is, whether a given sea or sound is, in fact, 

 edition, by Mr. as a matter of iiolitico-physical geography, within theexclusivejuris- 

 tion"l87 motel'^'^ diction of one nation. The claim of several nations, Avhose borders 

 surround a large open sea, to combine and malvo it mare clausum 

 against the rest of the world, cannot be admitted. The making of 

 such a claim to the Baltic was the infirmity of the position taken up 

 by the Armed Neutrality in 1780 and 1800, and in the Russian Decla- 

 ration of War against England in 1807. 



It is further claimed, ou behalf of Great Britain — 

 Chapter VI. (F.) That froui the acquisition of Alaska by the United 

 States in 18(17 down to the year 1886 no attempt was made 

 by the United States to limit or interfere Avitli the rioht of 

 the subjects of Great Britain or of any other nation to 

 navigate and fish in the non-territorial waters of Behring 

 Sea. 

 Chapter VII. (G.) Thatthc Original grouud upon wliicli the vessel seized 

 in 188(3 and 1887 were condemned rested upon a claim to 

 treat Behring Sea as marc clausum, and as having been 

 • conveyed as such, in part, by Russia to the United States. 

 That the contention of the United States has subsequently 

 been rested uj)on a claim to exclusive Jurisdiction over a 

 space of 100 miles from the coast of tbe United States ter- 

 ritory. 



That subsequently a further claim has been raised to an 

 alleged special right of i)rotectiou of or property in the fur 

 seal. 



153 GENERAL CONCLUSIONS. 



Ai.i.KdED luciirr of photkction. 



As to Point .") of Article VI — 

 Chi.pter VIII. That, as regards the right claimed by the United States 

 of protection of or pro])erty in fur seals when found out- 

 side the ordinary o-mile limit, no property exists, or is 

 known to international law in animals/c/vr naiura' until 

 reduced into possession by capture, and no nation has any 

 right to <;laim property in sucli animals when ibund outside 

 territorial waters. The only right is to prevent the ships 



