43 



Yet even tliese concessions did not include tlie right of " hunting " fur- 

 bearing animals, which liu.ssUi ivan never asked to yield. For tliese pur- 

 poses her dominion over Bering Sea and all the gulfs, bays, inland 

 seas, and creeks on all her coasts was reserved. 



The rights of whaling, fishing, hunting, and trading, conducting 

 commerce and navigation, are all referred to in these ukases and 

 treaties as separate and distinct rights. In their nature they are 

 distinct, and none of them includes the others, though they are closely 

 related. When each of these rights is expressly and distinctively 

 mentioned iu one part of these treaties and ukases, as a substantive 

 right or i)ursuit, it is not a proper construction of these solemn instru 

 ments to say that those rights are intended to be included in those parts 

 where they are not mentioned, or that "hunting" is telescoped into 

 "fishing" and "fishing" into "whaling" and all of them into "navi- 

 ation," or that the use of that word or the assertion of that right 

 includes all these other rights. 



Dominion of Bering Sea could have been exercised for the exclnsive 

 enjoyment and protection of either of those rights, without including 

 any other, though, as in the case of the 100 miles limit, which was a 

 modification of the claim of the exclusive right of navigation, the full 

 exertion of that power would have closed that sea to all navigators 

 Avhether they were whalers, fishermen, or hunters. The ukase of 1799 

 asserted this dominion, so as to protect the right of "hunting in the 

 northeastern seas" and of trading with the natives, and no other ukase 

 or treaty ever yielded the exclusive right of hunting, under any con- 

 dition, or the right of fishing to any other extent, than under the ten 

 years limit i)rovided in the above quoted articles of tliose treaties of 

 1824 and 1825. 



Dominion in one country over land or sea, is entirely consistent 

 with easement or x)rivilege in another. 



Navigation is a universal easement to be enjoyed by all vessels sail- 

 ing on lawful voyages upon the high seas, but it has no element of 

 dominion to support it, except within territorial waters. Fishing, law- 

 fully conducted, is also an easement equally universal, and the right 

 is also exclusive in territorial waters. 



The dominion that protects fisheries is more exclusive than that 

 Avhich limits the free right of navigation. Within territorial limits, 

 fishing is a property right, while navigation Avithin those limits is, for 

 innocent i)urposcs, an easement that no nation denies to another. 



