116 ACTION OF THE UNITED STATES. 



sel, Mr. M. W. T. Drake, upon the part of the British owners, and Mr. 

 A. K. Delaney u]}Oii the part of the United States, was filed, in wliich 

 it was agreed and conceded that the masters of the vessels named were 

 taking fur seals in that portion of Bering Sea which is claimed by the 

 United States under the treaty with Eussia of March, 1867. 



The issue as presented involves an examination of a most pertinent 

 and critical question of international law. It will be necessary to as- 

 certain, first, the right of the Imperial Government of Russia to the 

 Bering Sea anterior to the treaty of March, 1867, and for information 

 upon this subject 1 am largely indebted to Mr. N. L. Jeffries for a col- 

 lection and citation of authorities and historical events, and for the 

 want of books at my command upon this question, I am compelled to 

 rely for historical facts upon his carefully j)repared brief. From this 

 elaborate brief I glean the following facts : 



The Sea of Kamstchatka, or Bering Sea, is a large estuary of the 

 North Pacific Ocean or bay, and from the date of its discovery until 

 the cession of Alaska to the United States was bordered on all sides by 

 the territory of Russiii, except the straits at the north leading to the 

 Frozen Ocean, and the outlet in the southwest into the North Pacific. 



In the early part of the eighteenth century Peter the Great, of Eus- 

 sia, directed the fitting out of an exploring expedition to determine 

 whether the continent of Asia and America joined, or were separated 

 by the sea; also to discover if there were not an American Eussia, as 

 there was already an Asiatic and European Eussia. 



The expedition was commanded by Captain Bering, who set out from 

 St. Petersburg, accompanied by officers, seamen, and shipbuilders, on 

 the 5th of February, 1725, and after a perilous journey through North- 

 ern Siberia he reached Kamtchatka, whence he sailed on the 20tb of 

 July, 1728, in a vessel named the Gabriel, which had been built at 

 Kamtchatka in accordance with instructions drawn up by the Emperor. 



The first land discovered was the island of St. Lawrence, which he 

 named in honor of the saint on whose day it was discovered. He con- 

 tinued northward until he reached what he supposed was the northeast- 

 ern extremity of Asia, and was satisfied that the two continents were 

 separated by the sea. Eeturning to St. Petersburg after passing through 

 the sea and straits which bear his name, with the fixed opinion that 

 there was a large body of land to the eastward, he aroused the spirit ot 

 discovery and induced his Government to continue the explorations. 

 He was created an admiral and placed in command of a new expedition ; 

 the Senate, the Admiralty, and the Academy of Science all united in 

 aiding and encouraging the enterprise. This exi)edition, like the for- 

 mer, made the long and dreary journey across northern Asia and the 

 Sea of Okhotsk to Kamtchatka. 



On the 4th of June, 1741, two well-appointed ships, the St. Paul and 

 St. Peter, sailed in quest of new discoveries. On the 18th of July Be- 

 ring first saw the continent of America, in latitude 50° 28'. (See Mul- 

 ler's Voyages from Asia to America; Steller's Diary, p. 190.) 



According to his instructions, after reaching the American coast he 

 was to steer southward to the forty-fifth parallel, and then return to the 

 north, crossing back to Asia at Bering Strait. (Bancroft's History of 

 Alaska, p. 54.) 



During this expedition Bering sailed as far south as forty -five degrees 

 north latitiule, and after making many discoveries his ship was finally 

 wrecked near the island whicli bears his name, and on which he died 

 ou the 8th of December, 1741. 



The enterprising spirit of llussiau merchants and traders even iu 



