APPENDIX TO CASE OF GREAT BRITAIN. 139 
120 “POWERS OF CONGRESS. 
“Upon this branch of the subject, the power of Congress over Behring’s Sea, 
there seems to be little room for discussion. The power of a nation to control its 
own dominions is one of the inherent elements of sovereignty. 
“«¢ When a nation takes possession of certain parts of the sea, it takes possession 
of the empire over them as well as of the domain, on the same principles which are 
advanced intreating of theland. Thesepartsof theseaare within the jurisdiction of 
the nation and a part of its territory; the Sovereign commands them; he makes 
laws and may punish those who violate them; in a word, he has the same rights 
there as on the land, and in general, every right which the laws of the State allow 
him.’ (Vattel’s ‘Law of Nations,’ p. 130.) 
“By the Treaty of 1867, ‘the cession of territory and dominion therein made is 
declared to be free and unencumbered by any reservations, privileges, franchises, 
grants, or possessions, berets and conveys all the rights, franchises, and 
privileges now belonging to Russia in the said territory or dominion and the 
appurtenances thereto.’ (Treaty, Article VI.) 
“The Constitution of the United States declares that all Treaties made under the 
authority of the United States shall be the supreme law of the land. (Constitution 
of the United States, Article 6.) 
‘That same instrument vests in Congress ‘the power to make all needful rules 
and regulations respecting the territory or other property belonging to the United 
States.’ (Constitution of the United States, Article 4, section 3.) 
‘“‘Manifestly, the Acts of Congress contained in chapter 3, Revised Statutes of the 
United States, ‘relating to the unorganized Territory of Alaska,’ and under which 
the information is brought, are embraced within these constitutional provisions. 
‘6 CONCLUSION. 
“The foregoing record may contain but a meagre idea of the indomitable energy 
and perseverance displayed by the Russian people in acquiring empire in North 
America, beginning with discoveries of Behring in 1728, aud extending for more than 
a century and a quarter, wherein they braved the perils of land and sea, overcamea 
savage native population, faced ice and snow, storm and shipwreck, to found and 
maintain empire on these rugged shores. Enough has been said to disclose the basis 
of Russia’s right to jurisdiction of the Behring’s Sea under the law of nations, viz., 
original possession of the Asiatic coast, followed by discovery and possession of the 
Aleutian chain and the shores of Alaska North, not only to Behring’s Strait but to 
Point Barrow and the frozen ocean, thus inclosing within its territory, as within the 
embrace of a mighty giant, the islands and waters of Behring’s Sea, and with this 
the assertion and exercise of dominion over land and sea. 
“Such is our understanding of the law, such is the record. Upon them the United 
Stafes are nrenared to abide the Judgments of the Courts and the opinion of the 
civilized world.” 
[Inclosure 2 in No. 77.] 
Extract from the “ New York Herald,” October 13, 1887. 
THE ALASKAN SEAL FIsHERIES.—The ‘Herald ” lays before its readers this morn- 
ing the grounds on which the United States claims exclusive jurisdiction over the 
seal fisheries of Behring’s Sea, as set forth in the brief of the counsel for this coun- 
try in the case against certain British vessels charged with violating our rights. 
The plea in defence is that the United States has no dominion over the waters of 
Behring’s Sea beyond a marine league, or 3 miles, from the Alaskan shore. But this 
view cannot be sustained. As is shown by numerous authorities cited in Counsellor 
Delaney’s brief, it is a recognized principle of international law, and one which this 
country has always asserted, that a nation has jurisdiction not only over waters 
within the marine league, but all waters, whatever their extent, embraced within 
its land dominion. Gulfs, bays, and arms of the sea belong to the country within 
whose land they are encompassed. 
Now Behring’s Sea is not a part of the open or high sea. It is, as Mr. Delaney 
clearly shows, “an inland water cut off from the ocean and essentially land-locked.” 
Before the purchase of Alaska by the United States in 1867 it was within the 
121 exclusive jurisdiction of Russia. By that purchase it passed into the exclu- 
sive jurisdiction of the United States, which succeeded to the title of Russia, 
