38 



any of the islands adjacent, to the north of fifty-four degrees and forty 

 minutes of north latitude; and that, in the same manner, there shall 

 be none formed by Eussian subjects, or under the authority of E-ussia, 

 south of the same parallel. 



Article IY. 



It is, nevertheless, understood that during a term of ten years, 

 counting from the signature of the present convention, the shijis of 

 both powers, or which belong to their citizens or subjects, respectively, 

 may reciprocally frequent, without any hindrance whatever, the inte- 

 rior seas, gulfs, harbors, and creeks upon the coast mentioned in the 

 preceding article for the i)urx)ose of fishing and trading with the 

 natives of the country. 



This treaty was designed to settle all the questions involved in the 

 ukases of 1799 and 1821, in which the United States claimed any 

 interest, under international law, and there is no mention made of any 

 change or modification of the exclusive right of the Eussians (made so 

 prominent in the ukase of 1799) of "hunting and trading carried on 

 by our loyal subjects in the northeastern seas and along the coasts of 

 America," except that the right of "trading with the natives of the 

 country" is granted to Americans for ten years, and after that time 

 they "shall not resort to any i)oint where there is a Eussian establish- 

 ment without the per7nission of the governor or commander." 



Aside from the question whether " the Great Ocean " included Be- 

 ring Sea, or is distinguished from it in the treaty of 1821, the right 

 of " hunting in the northeastern seas and along the coasts of America," 

 which, with the right of trading, was considered so replete with " ben- 

 efits and advantages resulting to our emj)ire," as to be made the sole 

 grounds of the ukase of 1709, was not touched by the treaty of 1824 

 with the United States, or the treaty of 1825 with Great Britain. 



That right stands to-day as a right asserted by Eussia and reserved 

 out of all treaties with the United States and Great Britain. 



That is quite a sufficient assertion of the right, to support a prescriptive 

 title to the fur-hearing animals in Behring Sea. 



The right of "resorting to the coasts, upon points which may not 

 already have been occupied for the purpose of trading" which is agreed 

 upon in Article I of the treaty of 1824 is altogether distinct from the 

 right of hunting "in the northeastern seas" or along the coast. 



The rights of "fishing" and "hunting" are not anywhere alluded to 

 in these ukases or treaties as being the same: on the contrary, the right 

 of hunting is reserved to Eussian subjects "in the northeastern seas 

 and along the coasts of America," while the treaty of 1824 forbids citi- 



