26 COUNTER-CASE OF GREAT BRITAIN. 



the letters dated respectively the 9th, 10th, and 23rd April, 



1820; 31st March and 20th September, 1821; and 28th 



Appendix, vol. February, 1822. The original documents, as will be found 



18^23 and ^2^4 ^'^' ^^^^^ the corrcct translations, afford no ground whatever 



for this contention. 



The presence of foreigners in the Eussian possessions 

 has already been alluded to as the chief motive and justi- 

 fication for the Ukase, and it has been shown that it was 

 British Case, doubtlcss in conscqucnce of the complaints made on that 

 ^United states scorc, that the Ukase purported to exclude foreigners from 

 Case, Appendix, approachlug withiu 100 miles of the whole of the north- 

 Toi 1, p. 16. ^^^^ coast of America, beginning from Behring Straits, to 

 the 51st degree of northern latitude. 



UKASE DOES NOT DISTINaUISH BETWEEN BEHRING SEA 

 AND WATERS OUTSIDE. 



United States "'^^ Valid grouud for the distinction suggested between 

 Case, pp. 41-19. the coasts and waters of Behring Sea and those of other 

 seas can be found in the Ukase itself, which, like the 

 Ukase of 1799, asserts a claim to the whole of the coast- 

 liue specified, and regards the whole as subject to the same 

 jurisdiction. 



The following are the words of the Ukase — 



IT APPLIES TO NORTH-WEST COAST FROM BEHRIXG STRAITS TO LATI- 

 TUDE 51° NORTH. 



The pursuits of commerce, whaling, and fishery, and of all other 

 industry on all islands, ports and gulfs, including the whole of the 

 north-west coast of America, heginniruj from BehrUufs Straits to the 51st 

 degree of northern latitude, also from the Aleutian Islands to the 

 eastern coast of Siberia, as well as along the Kurile Islands from 

 Behring's Straits to the South Cape of the Island of Urup, viz., to the 

 45° 50' northern latitude, is exclusively granted to Russian subjects. 



SEA AREA DEFINED IN UKASE, DESCRIBED AS PART OF 



PACIFIC OCEAN. 



British Case ^^^ letter from Baron Mcolay to the Marquis of London- 

 Appendix, vol. iii derry, dated the 31st October, 1821, by which this Ukase 

 Parti, p. 2. ^^g officially notified to the British Government, speaks of 

 the sea lying between the coasts thus defined as — 



cette partie de I'Oc^an Pacifique que bordent nos possessions en Am6r- 

 ique et en Asie. 



And he concludes his letter by saying : 



Les officiers commandant les batiments de guerre Russes qui 

 27 sont destines a veiller dans I'Ocean Pacitique au maintien des 

 dispositions susmentionnees, ont re(,-u I'ordre de comniencer 

 a les mettre en vigueur envers ceux des uavires (Strangers qui seroient 

 sort is dun des ports de I'Europe apres le 1"" Mars, 1822, ou des Ktats- 

 Unis aprcs le l*''^ Juillet. A dater de ces <^poques aucun navire ne 

 pourra ])lus h^galement pr^texter Fignorance du nouveau Reglement. 



THROUGHOUT NEGOTIATIONS, NO MENTION OF BEHRING 

 SEA BY DISTINCTIVE NAME. 



British Case ^* ^^ difficult to Understand the ground for the allegation 



pp.59-76. 'that neither in the ])rotests, negotiations, nor Treaties, is 



any reference found to Behring Sea. The fact that, during 



