120 APPENDIX TO CASE OF GREAT BRITAIN. 
in the waters adjacent to the islands of St. Paul and St. George and does not refer 
to any other waters in Behring’s Sea, but on referring to section 1956 of the Revised 
Statutes, the language used is somewhat different, prohibiting the killing of fur- 
bearing animals within the limits of Alaska Territory or the waters thereof. The 
first question then to be decided is what is meant by ‘the waters thereof.’ If the 
defendants are bound by the Treaty between the United States and Russia ceding 
Alaska to the United States, then it appears that Russia in 1822 claimed absolute 
territorial sovereignty over the Behring’s Sea and purported to convey practically 
one half of that sea to the United States, but are the defendants as men belonging 
to a country on friendly terms with the United States bound by this assertion of 
Russia? And can the United States claim that the Treaty conveys to them any 
greater right than Russia herself possessed in these waters? In other words, the 
mere assertion of a right contrary to the comity of nations can confer on the grantees 
no rights in excess of those recognized by the law of nations. 
“RIGHTS OF GREAT BRITAIN AND THE UNITED STATES. 
“Tn inquiring what that right was and how far it was submitted to by the other 
Powers interested, namely, Great Britain and the United States, we find the United 
States Minister at St. Petersburgh in 1822 combatting the pretensions of Russia to 
a jurisdiction over the waters of Behring’s Sea for a distance of 100 miles from the 
coast (for this was the extent of Russia’s claim in 1822) in the following expressive 
language: ‘The existence of territorial rights to the distance of 100 miles from the 
coast and the prohibition of approaching to the same distance from these coasts and 
from those of all intervening islands are innovations on the law of nations and 
measures unexampled.’ We thus find that the assumption of a limited sovereignty 
over the waters of Alaska was challenged by the United States, and in consequence 
was not persisted in, and on the 17th April, 1824, a Convention was concluded between 
the United States and Russia, whereby it was agreed, ‘that in any part of the great 
ocean commonly called the Pacific Ocean or South Sea, the respective citi- 
101 zens, subjects of the High Contracting Powers, should be neither disturbed or 
restrained either in navigation or in fishing or in the power of resorting to the 
coasts upon points which might not then have been already occupied for the purpose 
of trading with the natives, saving always the restrictions and conditions contained 
in certain Articles attached to the Treaty referring to illicit trade with the Indians.’ 
‘6A TREATY WITH RUSSIA. 
“The Government of Great Britain, on the 28th February, 1825, also entered into a 
Treaty with Russia in consequence of the same extravagant pretensions of Russia, 
which Treaty contains the following provisions: ‘It is agreed that the respective 
subjects of the High Contracting Parties shall not be troubled or molested in any 
part of the ocean commonly called the Pacific Ocean, either in navigating the same, 
in fishing therein, or in landing at such parts of the coast as shall not have been 
already occupied in order to trade with the natives under the restrictions and con- 
ditions specified in the then following Articles.’ These restrictions are not dissimilar 
from those attached to the Treaty with the United States. In order to ascertain 
what were the pretensions of Russia which led to these Treaties it is necessary to 
refer to the Edict of the Autocrat of all the Russias. By Section 1 it is enacted: 
‘That the pursuits of commerce, whaling, and fishing, and all other industries on 
all islands, ports, and gulfs, including the whole of the north-west coast of America, 
beginning from Behring’s Straits to 51° of north latitude, also from the Aleutian 
Islands to the eastern coast of Siberia, as well as along the Kurile Islands from Beh- 
ring’s Straits to the south Cape of the Islandof Uruck, namely, 45° 50’ northern lati- 
tude is exclusively granted to Russian subjects.’ 
* RUSSIA’S CLAIMS. 
“Section 2.—‘It is therefore prohibited to all foreign vessels not only to land on 
the coasts and islands belonging to Russia, but also to approach them within less 
than 100 Italian miles. The transgressor’s vessel is subject to confiscation along 
with the whole cargo.’ Thus it appears that Russia claimed 100 miles from the coast 
of all the islands as well as the mainland of Behring’s Sea and south to 45° 50’. It 
was this claim that led to the indignant remonstrance of the United States and Great 
Britain, and to the Treaties before referred to, and shows that Behring’s Sea was 
included in the term Pacific Ocean. The pretensions of Russia were never revived, 
and the citizens of Great Britain as well as the United States had free access at all 
times to these waters in navigating and fishing without any restriction. And 
Russia’s claim was never revived until she purported to cede to the United States a 
portionof Behring’s Sea. Russia could not sell what she did not own, and the United 
States could not claim that which it was not in the power of Russia to sell. The 
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