68 



and on tlie Kiuile IsLnuLs; tliat is, ftoiii P>criiig Straits to the south- 

 ern promontory of the Island of Uru]), viz, as far south as latitude 45° 50' 

 north, are exclusively reserved to subjects of theKussian Government. 



"Sec. 2. Accordingly, no foreign vessel shall be allowed either to 

 put to shore at any of the coasts and islands under Eussian dominion, 

 as specified in the preceding section, or even to a]>proach the same to. 

 within a distance of less than 100 Italian miles. Any vessel contravening 

 this provision shall be subject to confiscation with her whole cargo." 

 TJ. 8. Case, Vol. 1, App., 224, 226. 



Does the Ukase of 1<S21 — looking first to its words only — import an 

 assertion upon the part of Russia of exclusive jurisdiction over the 

 open waters of Bering Sea, or of exclusive rights in what are called 

 the seal fisheries in those waters? If not, what was the extent and 

 nature of the jurisdiction so asserted"? 



This Ukase appears, upon its face, to be based upon reports sub- 

 mitted to the Emperor touching the trade of his subjects, not in Bering 

 Sea, but "on. the Aleutian Islands and on tlie northwest coast of 

 America." The first regulation has reference to "the pursuits of com- 

 merce, whaling, and fishery, and of all other industry on all isla nds, iwrts, 

 and gulfs, including the whole of the northwest coast of America," and 

 ^^ along the Kurile Islands." The same regulation according to the 

 translation given in the letter of Secretary Blaine to Sir Julian Paunce- 

 fote, refers to " the transaction of commerce and the pursuits of whaling 

 and fishing, or any other industry, on the islands, in the harbors and 

 inlets, and, in general, all along the northwestern coast of America." 



Considering next the circumstances under which this Ukase was 

 issued, we find that Russia had numerous colonial establishments and 

 industries on certain coasts and islands. And there were i)orts, gulfs, 

 harbors, and inlets contiguous to its possessions, and constituting part 

 of its territorial waters, in which foreigners carried on trade to the prej- 

 udice of the Russian- American Company and in violation of the 

 established policy of Russia. The Emperor, as his edict shows, claimed 

 that an illicit trade had been illegally carried on by foreigners with 

 those establishments and with the native population. He desired 

 that Russian subjects alone should enjoy the benefits of those estab- 

 ]isliment,s, and of the industries under the control of or belonging to 

 Jiussia. It was " therefore" — that is, to that end — foreign vessels were 

 prohibited, not from entering Bering Sea, but from landing on the 

 coasts and islands of Russia named in the first regulation, or approach- 



