69 



iuf? tbein Avithin less than 100 Italian miles. The transj^ressor's vessel 

 aud cargo would not have beeu subject to coiifiscatiou, under the rega- 

 latious established, by engaging iu whaling or fishing in the opeu 

 waters outside of the line defined iu the second regulation, namely, 

 100 Italian miles from the particular coasts and islands specified in 

 the Ukase and regulations. Whether, therefore, refereace be made to 

 the words of the Ukase or to the circumstances under which it was 

 promulgated, it is quite clear that Kussia did not intend by that edict 

 to assert any exclusive authority over the waters of Bering Sea out- 

 side of 100 Italian miles from the coasts and islands described in the 

 first regulation. 



That we have properly interpreted the Ukase and regulations of 

 1821 is, in part, shown by the second charter granted to the Eussian- 

 American Company, a few days after the above regulations were pro- 

 uu)lgated. That charter states that the company was established " for 

 carrying on industries and trade on the mainland of Northwestern 

 America, on the Aleutian Islands, and on the Kurile Islands,''^ and that 

 "it enjoys the privilege of hunting and fishing to the exclusion of all 

 other Russian or foreign subjects," not throughout Bering Bea, but 

 "throughout the territories long since in the possession of Russia 

 on the coast of Northwest America, beginning at the northern point 

 of the Island of Vancouver in latitude 51"^ north, and extending 

 to Bering Strait and beyond, as well as on all islands adjoining 

 this coast, and all those situated between that coast and the eastern 

 shore of Siberia, as well as on the Kurile Islands where the company 

 has engaged in the hunting down to the South Cajie of the Island of 

 Urup, in latitude 45° 50'." This clearly indicates that the exclusive 

 privileges granted to the liussianAmerican Compjiny had no reference 

 to hunting, trading, fishing, and industries in the oj)eu seas outside of 

 100 Italian miles from the coasts defined in the regulations of 1821. 

 That line was established by Kussia simply as a means — and it was 

 deemed by the Emperor sufficient for that purpose — of i^reventing for- 

 eigners from coming into contact with its colonial trade and industries, 

 and thereby interfering with the enjoyment by the Russian-American 

 Company of the exclusive rights and privileges granted to it. 



Turning to the diplomatic correspondence between Russia and the 

 United States, what do we find? This Ukase, and the regulations 

 promulgated in execution of it, were brought to the attention of the 

 governments of both the United States and of Great Britian: to the 



