25 CHAPTER II. 



Head (B). — The TJlmse of 1831^ and the circumsiances connected there- 

 with leading up to the Treaties of 1824 and 1825. 



TriK Unitei) Status Contentions. 



(1.) United States Case, p. 49— 

 "It thus appears from the forefjoing citations that, so far as it concerned the 

 coasts and waters of I?(u-infj Sea, tlie Ulva8(» of 1821 was merely declaratory of 

 preexisting claims of exclusive jurisdiction as to trade, which had been enforced 

 therein for many years." 



(2.) United States Case, p. 50— 

 "It was only when the Ukase of 1821 sought to extend the Eussian claim to the 

 American Continent south to latitude 51*-^, and to place the coasts and waters 

 of the ocean in that region untler tlui exclusive control ol'the Russian-American 

 Company, that vigorous protests wcu'c nuide by the Govi^runuMits of the United 

 States and Great lU-itniu. And tin* correspondence which grew out of those 

 protests shows that they were inspired by the claim of jurisdiction over large 

 portions of the I'acilic Ocean (as distinguished from Bering Sea), and by tiie 

 conflicting claims of the three nations to the coast over which Russia sought 

 to extend exclusive authority. 



(3.) United States Case, p. 56 — 

 "Neither in the protests, negotiations, nor treaties is any reference found to Ber- 

 ing Sea." 



Summary of Bkitish Reply. 



The citations referred to in Contention (1.) when freed from interpolations, show no 

 claims of exclusive jurisdiction over the coasts and waters of Bchring Sea. 



Throughout the protests and negotiations resulting in the Treaties of 1824 and 1825, 

 there was only one sea area under discussion, namely, tliat deJined iu the Ukase 

 of 1821. The absence of all reference to Bt^hring Sea by a distinctive name, 

 proves that it was not, for any i)urpose, separated from the rest of the delined 

 area. 



The term "Pacific Ocean" was used throughout the protests and negotiations to 

 include Behring Sea; and the term "north-west coast" to include the whole 

 west coast of America from Behring Strait to 51" north latitude. 



The claim of Russia to maritime jurisdictio.-i was that against which the protests 

 of Great Britain and the United States were most vigorous, and the lirst place 

 in each Treaty was assigned to the clause by which it was given up. 



26 CONTENTION THAT THE UKASE OF 1821 WAS, AS TO BEH- 

 RING SEA, MERELY DECLARATORY OF PRE-EXISTING 

 CLAIMS OF EXCLUSIVE JURISDICTION. 



The ''foregoing: citations" mentioned in tlie first of the 

 above contentions as sliowin<i' tliat, so far as it concerned 

 the coasts and waters of Beliring Sea, the Ukase of 1821 

 was merely dechiratory of pre-existing chiiins, are dealt 

 with iu the latter part of the preceding chapter. They are 



25 



