118 ACTION OF THE UNITED STATES. 



exist a doubt as to Eussia's title to the Bering Sen and the extended 

 gvonp of the Aleutian Islands? 



The Queeu's counsel lays much stress in his argument njiou the fact 

 that hotli the United States and Great Britain treated Mith llussia (the 

 United States in 1821, and Great Britain in 1825) in relation to the free 

 use of the waters of the Bering- Sea, and it is claimed that by these 

 treaties the sea was thrown open as the common pro])erty of mankind. 

 But an examination of these treaties and the objects in vicM' by the 

 three great powers fails to warrant the conclusion reached in the argu- 

 ment. The principal parts of the treaty between the United States and 

 Bussia, the treaty between Great Britain and Bussia being similar, are 

 thus set forth by Professor Wharton. (See First International Law 

 Digest, § 32) : 



Article 1. It is agreed that, in any part of the great ocean, com- 

 monly called the Pacific Ocean or South Sea, the respective citizens or 

 subjects of the high contracting powers shall be neither disturbed nor 

 restrained, either in navigation or in fishing, or in the power of resorting 

 to the coasts, upon points which may not always have been occupied, 

 for the purpose of trading with the natives, saving always the restric- 

 tions and conditions determined by the following articles. 



Art. 2, With a view of preventing the rights of navigation and of 

 fishing exercised upon the great ocean by the citizens and subjects of 

 tliehigh contracting powers from becoming the pretextfor an illicit trade, 

 it is agreed that the citizens of the United States shall not resort to 

 any point where there is a Bussian establishment, without the permis- 

 sion of the governor or commander; and that, reciprocally, the subjects 

 of Bussia shall not resort, without permission, to any establishment of 

 the United States upon the northwest coast. 



Art 3. It is moreover agreed that, hereafter, there shall not be 

 formed by the citizens of the United States, or under the authority of 

 the said States, any establisliment upon the northwest coast of America, 

 ncn- m 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 founded by Bussian subjects, or under the authority of 

 Bussia, south of the same parallel. 



Art. 4. It is, nevertheless, understood that during a term of ten 

 years, counting from the signature of th-e ju'esent convention, the ships 

 of both powers, or which belong to their citizens or subjects respec- 

 tively, may reciprocally frequent, without any hindrance whatever, the 

 interior seas, gulfs, harbors, and creehs ui)on the coast mentioned in 

 the ])receding article, for the purpose of fishing and trading Avith the 

 natives of the country. 



Art. 5. All spirituous liquors, fire-arms, other arms, powder, and 

 munitions of war of every kind, are always excepted from this same 

 commerce permitted by the preceding article, and the two powers en- 

 gage, reciprocally, neither to sell nor suffer them to be sold, to the 

 natives by their respective citizens and subjects, nor by any person 

 Avho may be under their authority. It is likewise stipulated that this 

 restriction shall never afford a pretext, nor be advanced in any case, to 

 a'ltliorize either search or detention of the vessels, seizure ot the mer- 

 chandise, or, in fine, any measures of constraint, towards the merchants 

 or the crews who may carry on this commerce; the high contracting 

 powers reciprocally reserving to themselves to determine upon the 

 penalties to be incurred, and to inflict the punishments in case of the 

 contravention of this article by their respective citizens or subjects. 



Nations, like individuals, have the right of contracts, and their 



