ARGUMENT OF GREAT BRITAIN. 17 



Frior to 1799, 

 BEHRING SEA OPEN TO ALL NATIONS. 



Behring Sea was one of the vast partially explored seas 

 open to the world. 



It bad begnn to be navigated by all nations, and the f^'"^^ *^*^®' 

 right to a highway through the sea at all its openings had 

 been exercised and established; the rights of fishing and 

 trading were also exercised. 



Its eastern shores and islands, though not fully explored 

 or known, were being explored by Great Britain, the United 

 States, France, and Eussia. 



Russian TJTcase of 1799. 



CHARACTER OF THE FIRST UKASE. 



This Ukase deals with the coast of America and the British coun- 

 islands, giving commercial privileges to the Eijssian-Ameri- ^^^■'^'■^'^^ p- ^^• 

 can Company. 



The territory was claimed by right of discovery; a right 

 which neither Great Britain nor the United States admitted 

 in negotiations. 



The Ukase is purely territorial; it does not claim juris- 

 diction over the sea, or profess to al3^ect foreigners. The 

 territories were, and were treated as, colonies separated 

 from the Russian Empire by the high seas. The Charter to ^ united states 

 the Company of 1844: expressly uses the term "colonies" voM.p.^io!'^ *^' 

 for the territories in America; but for Okhotsk on the 

 Siberian mainland the term used is " province." 



No Russian legislation for Behring Sea exists; it is not 

 alleged, nor could it be proved, that foreigners in Behring 

 Sea were affected by Russian Laws in general, or by the 

 Ukase in particular. 



Russia did not claim, nor does the Ukase pretend, to 

 make Behring Sea mare clausum. 



The Ukase of 1799 therefore leaves the question of pfj'^jf,^. ^*''' 

 17 dominion or jurisdiction over Behring Sea untouched. 

 The highway to the Arctic Ocean was recognized, and 

 was afterwards used; also fishing rights as on the high sea. 



1799 to 1821. 



RIGHTS OF THE HIGH SEA CONTINUED TO BE EXERCISED. 



Rights of free navigation continued to be exercised unre- 

 strained by Russia. 



Russia continued only to enforce her territorial Ukase. 



Behring Sea was soon frequented by foreigners compet- p.37!*'^'* ^*^®' 

 ing with the Company in navigation, exploration, and trad©, 

 B s, PT X 2 



