155 CHAPTER VIII. 



RECAPITULATION OF ARGUMENT. 



It is submitted that, with reference to the five points stated in Article 

 VI of the Treaty of Arbitration, and the facts bearing thereon, the 

 arguments and considerations in the foregoing Chapters have estab- 

 lished: 



Chapter I. — As regards the user of the waters of Behring Sea and 

 other waters of the JSTorth Pacific up to the year 1821 — 



1. That the jjropositions tliat were formulated on p. 36 of the British 

 Case with reference to the user of the waters of Behring Sea up to the 

 year 1821, and supported by the evidence cited therein, have not been 

 displaced by any facts or arguments produced in the Case of the United 

 States; but, on the contrary, that the further examination of the sub- 

 ject establishes that, down to the year 1821, Russia neither asserted 

 nor exercised in the non-territorial waters of the North Pacific, includ- 

 ing the body of water now known as Behring Sea, any rights to the 

 exclusion of other nations. 



Chapter II.— As regards the Ukase of 1821, and the circumstances 

 connected therewith, leading up to the Treaties of 1821 and 1825 — 



2. That the conclusions claimed to have been established in the Brit- 

 ish Case, as stated at p. 58, are fully suppovted, and that the further 

 evidence which has been adduced clearly shows that the Ukase of 1821 — 

 the first and only attempt on the part of Eussia to assert dominion 

 over, and restrict the rights of other nations in, the non-territorial waters 

 of the North Pacific, including those of Behring Sea — was made the sub- 

 ject of immediate and emphatic protest by Great Britain and by the 

 United States. That thereupon Russia unequivocally withdrew her 

 claims to such exclusive dominion and control. 



156 Chapter, III. — As regards the question whether the body of 

 water now known as Behring Sea is included in the phrase 

 "Pacific Ocean," as used in the Treaty of 1825 between Great 

 Britain and Eussia — 



3. — (a.) That the Conventions of 1824 and 1825 declared and recog- 

 nized the rights of the subjects of Great Britain and the United States 

 to navigate and fish in all parts of the non-territorial waters over which 

 the Ukase purported to extend. 



{!).) That the body of water now known as the Behring Sea was 

 included in the i)hrase "Pacific Ocean," as used in the Treaty of 1825 

 between Great Britain and Eussia; and 



(c.) That the constructions placed on the term "North -west coast" 

 or " North-west coast of America" in tlie case of the United States are 

 unsound. 

 134 



