CASE OF GREAT BRITAIN. 121 



4. At 110 time prior to the said cession did Eussia assert 

 or exercise any exclusive rights iii the seal fisheries in the 

 nou-territorial waters of the sea now known as Behring Sea. 



5. The attempt by Kussia in the year 1821 to restrict the 

 freedom of navigation and fishing by the subjects of other 

 nations than Kussia in the non-teiTitorial waters of Beh- 

 ring Sea was immediately and ett'ectually resisted by Great 

 Britain and the TTnited States of America. 



6. Tlie claims of IJussia to limit and iuterfere witli the 

 riglits of navigation and fishing by other nations in the 

 waters of Behring Sea, other than the territorial waters 

 thereof, were never recognized or conceded by Great 

 Britain. 



7. The protests raised and the objections taken by Great 

 Britain to the claims of Kussia to limit such free right of 

 navigation and fishing were acquiesced in by Kussia; and 



no atteini)t was ever made by Kussia to again assert 



159 or enforce any such supposed right to exclude or 

 limit the rights of other nations to navigate or fish 



in the waters of the sea now known as Behring Sea, other 

 than the territorial waters tliereof. 



8. The assertion of rights by Kussia in the year 1821, 

 and her ineffectual attempt to limit the rights of naviga- 

 tion and fishing, was inoperative and had no effect upon 

 the rights of other nations. 



9. The body of water now known as the J*>ehring Sea 

 was included in the phrase ''Pacific Ocean," as used in the 

 Treaty of 1825 between Great Britain and Kussia. 



10. From the year 1824 down to 1880 the vessels of 

 Great Britain have continuously, and without interruption 

 or interference, exercised the riglits of navigation and fish- 

 ing in the waters of Behring Sea other than the territorial 

 waters tliereof. 



11. The right of all nations to navigate and fish in the 

 waters of Behring Sea, other tlian the territorial waters 

 thereof, have been repeatedly recognized and admitted 

 both by Kussia and by the LTnited States of America. 



12. Whatever territorial rights passed to the United 

 States under and by virtue of tlie Treaty of the 30th March, 

 18G7, Kussia had not the right to transmit, and the United 

 States did not acquire, any jurisdiction over or rights in 

 the seal fisheries in any part of the sea now known as 

 Behring Sea, other than in the territorial waters thereof. 



13. The Treaty of Cession of the 30th ]\Iarch, 18G7, did 

 not con veyanythingmore than ordinary territorial dominion. 



14. From the acquisition of Alaska by the United States 

 in 1867 down to the year 1886, no attempt was made by 

 the United States to assert or exercise any right to limit 

 or interfere with the right of (ireat Britain, or of any otlier 

 nation, to navigate and fish in tlie waters of Behring Sea 



other than the territorial waters. 



160 15. The sole right of the United States in resjiect 

 of the protection of seals is that incident to terri- 

 torial possession, including the right to prevent the sub- 

 jects of other nations from entering upon land belonging 

 to the United States, or the territorial waters thereof, so 



