16 ARGUMENT OF GREAT BRITAIN. 



it impossible for any nation practically to close the sea 

 against the ships of other nations. 



It is not a land-locked sea, or a sea so surrounded by land 

 as to entitle nations to whom the adjacent territories belong 

 to assert a territorial dominion over it, but is in every sense 

 of the term the high sea. 



PRIBYLOFF ISLANDS. 



The Pribyloff Islands, upon which are the principal 

 breeding resorts or "rookeries" of the fur-seal in the east- 

 ern part of the North Pacific, are situated in Behring Sea, 

 and consist of four small islands. Two of them only — St. 

 Paul and St. George — are at present resorted to by the 

 seals for breeding purposes. These two islands are 40 

 miles apart. 



The Pribyloff group is situated 180 miles to the north, of 

 Unalaska Island in the Aleutians, and nearly 300 miles to 

 the west of the mainland of Alaska, these being the nearest 

 island and mainland. 



WATERS BETWEEN THESE ISLANDS AND THE MAINLAND 

 CANNOT BE UNITED STATES TERRITORY, NOR WITHIN 

 THEIR TERRITORIAL WATERS. 



The position of the Pribyloff group of islands in the open 

 sea is therefore such that no claim could legitimately be 

 made by the nation owning Alaska or the Aleutians to 

 include the intervening sea within its territory, and no 

 justification can be found for any attempt to extend the 

 territorial waters washing their coasts, respectively, beyond 

 the 3 miles recognized by international law, or to treat 

 them as embayed waters. 



In the absence of Treaty, or of some claim based on 

 acquiescence, the right of exclusive fishing on the high sea 

 conceded to any country by internatioual law is limited to 

 the 3 miles of territorial waters. 



BRITISH VESSELS WRONGFULLY SEIZED. 



On general principles of international law, therefore, the 

 places where the British vessels were seized by the United 

 States were not within the territorial waters of the Uuited 

 States, but on the high sea. 



ALLEGED CLAIMS OF RUSSIA. 



It is contended by the United States that Russia asserted 

 and exercised jurisdiction over Behring Sea not con- 

 16 sistent with the foregoing principles, and that, either 

 by express consent of other nations or by acquies- 

 cence, Russia asserted this jurisdiction effectively. 

 The important periods for consideration are as follows: 

 Prior to 1799, 

 1799 to 1821, 

 1821 to 1825, 

 1825 to 18G7, 

 1867 and subsequently. 



