296 APPENDIX TO CASE OF GREAT BRITAIN. 
Upon this the Minister observes that the distinguished American jurist, Chancellor 
Kent. did not so construe the letter of Mr. Adais.* On the subject of mare clausum 
he says in his Commentaries :t 
“The claim of dominion to close or narrow seas is still the theme of discussion and 
controversy. Puftendorf admits that in a narrow sea the dominion of it, and the 
right of fishing therein, may belong to the Sovereigns of the adjoining shores. 
% Accor ding to the current of modern authority, the general territorial jurisdic tion 
extends into the sea as far as cannon-shot will reach and no farther, and this is gen- 
erally calculated to be a marine league, and the Congress of the United States have 
recognized this limitation by authorizing the District Courts to take cognizance of 
all ¢ captures made within a marine league of the American shores.” 
And with reference to the letter of Mr. Adams, he further says: 
“The claim of Russia to sovereignty over the Pacific coast north of the 51st degree 
of latitude as a close sea was considered by our Government in 1882 to be against 
the rights of other nations.” 
In Regulations under the Russian Ukase of 1821, which led to the correspondence 
referred to, Russia expressly pretends to grant exclusive commercial and fishing 
rights to Russian subjects ‘“‘from Behring’s 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 Strait to the south cape of the Island of 
Urup, viz., to 45° 50’ northern latitude.” 
Criticizing this, Mr. Adams said: ¢ 
“To exclude the vessels of our citizens from the shores beyond the ordinary dis- 
tance to which the territoria] jurisdiction extends has excited still greater surprise 
The letter of the 2nd April, 1822, from Mr. Poletica to Mr. Adams “especially shows 
that the long controversy from 1822 to 1868 between the Russian and American 
Governments was not confined, as the Committee of Marine and Visheries says, ‘‘ to 
that section of the coast and waters of the North Pacific Ocean between the 51st par- 
allel of north latitude and Mount St. Elias and east of the 141st meridian,” since in it, 
after endeavouring to prove the title of Russia to the north-west coast of America 
from Behring’s Straits to the 51st degree of north latitude, Mr. Poletica says : 
“Tn the same manner the great extent of the Pacific Ocean at the 41st degree of 
latitude cannot invalidate the right which Russia may have of considering that part 
of the ocean as close. But as the Imperial Government has not thought fit to take 
advantage of that right, all further discussion on this subject would ‘be idle.” 
Reference can again be made to the letter of Mr. Adams to Mr. Poletiéa, § wherein 
he stated: 
“With regard to the suggestion that the Russian Government might have justified 
the exercise of sovereignty over the Pacific Ocean as a close sea because it claims 
territory both on its American and Asiatic shores, it may suffice to say that the dis- 
tance from shore to shore on this sea in latitude 5° north is not less than 90° of 
longitude, or 4,000 miles.” 
And to the letter of Mr. Adams to Mr. Middleton,|| the American Representative 
in Russia, wherein he remarks: 
“From the tenour of the Ukase, the pretensions of the Imperial Government 
268 extend to an exclusive territorial jurisdiction from the 45th degree of north 
latitude, on the Asiatic coast, to the latitude of 51° north, on the western coast 
of the American continent, and they assume the right of interdicting the navigation 
and the fishery of all other nations to the extent of 100 miles from the whole of that 
coast. 
‘“The United States can admit no part of these claims. Their right of naviga- 
tion and of fishing is perfect and has been in constant exercise from the earliest 
times, after the Peace of 1783, throughout the whole extent of the Southern Ocean, 
subject only to the ordinary exemptions and exelusions of the territorial jurisdie- 
tions, which, so far as Russian rights are concerned, are confined to certain islands 
north of the 55th degree of latitude and have no existence on the continent of 
America.” 
Subsequently Mr. Forsyth, Secretary of State at Washington, wrote Mr. Dallas, 
from which is extracted the following passage: 
“The United States, in agreeing not to form new establishments to the north of 
latitude 54° 40’ north, made no acknowledgment of the right of Russia to the terri- 
tory above that line. If such an admission had been made, Russia, by the same 
construction of the Article referred to, must have acknowledged the right of the 
* March 30, 1882. 
t “‘ Kent’s Commentaries,” vol. i, pp. 29 and 30, 18th edition. 
t Mr. Adams to Mr. Poletie: 1, February 25, 1822, 
§ March 20, 1822. 
|| July 22, 1823. 
q| November 3, 1837. 
