From this it was urged that the words "Pacific Ocean” in the Conventions were used with great care, so as to reserve under the exclusive jurisdiction of Russia the waters of Behring Sea.

It is, however, to be noted in studying any series of maps chronologically arranged, particularly those published before the middle of the present century, that Behring Sea is frequently without any special name, though the adjoining Sea of Okhotsk is in almost every instance clearly designated.

On various charts issued by the United States Hydrographic Office, including the latest and most perfect editions now in actual use, the expression "Pacific" or "North Pacific Ocean" is used as including Behring Sea. This appears from the titles of such charts, of which the following may be referred to:

No.909. Published March 1883 at the Hydrographic Office, Washington, D. C.:

"Pacific Ocean. Behring Sea, Plover Bay, from a survey by Lieutenant Maximov, Imperial Russian Navy, 1876." (Plover Bay is situated on the Asiatic coast, near the entrance to Behring Strait.)

73

No. 910. Published October 1882 at the Hydrographic Office, Washington, D. C.:

"North Pacific Ocean. Anadir Bay, Behring Sea. From a Chart by Engineer Bulkley, of New York, in 1865," &c.

(Anadir Bay is situated between latitudes 64° and 65° on the Asiatic side of Behring Sea.)

Similar evidence is afforded by the title page of the work issued by the same Hydrographic Office in 1869, as follows:

"Directory of Behring Sea and the coast of Alaska. Arranged from the Directory of the Pacific Ocean."

The British Admiralty Chart of Behring Sea, corrected up to November, 1889, but originally compiled in 1884 (No. 2460), is likewise entitled as follows:

"North-west Pacific. Kamchatka to Kadiak Island, including Behring Sea and Strait."

The definitions touching the Pacific Ocean, Behring Sea, &c., to be found in gazetteers, dictionaries, and geographical works, both of the present and past dates, moreover, show conclusively that Behring Sea was, at the time of the Conventions, and is now, understood to form an integral part of the Pacific Ocean.

Such formal definitions are naturally more trustworthy than inferences drawn from the construction of maps.

A few of these will suffice, though many more might be quoted:

Beering's Straits, which is the passage from the North Pacific Ocean Malham, John, to the Arctic Sea.

Beering's Island. An island in the Pacific Ocean.

Kamschatka. Bounded east and south by Pacific.

R.

"Naval Gazetteer," London, 1795. Brookes, "General Gazetteer," 12th ed., London, 1802.

Stilles Meer. Vom 5 nordl. Br. an bis zur Beringsstrasse aufwarts stets heftige Sturme.

Galletti, J. G. A., "Allgemeines Geographisches Wörterbuch," Pesth, 1822.

"Dictionnaire Mer Pacifique. Il s'étend du nord au sud depuis le Cercle Polaire Géographique Arctique, c'est-à-dire, depuis le Détroit de Behring, qui le fait comiv, Paris, 1823-33. muniquer à l'Océan Glacial Austral.

Universel," Tom.

Seitz, Dr. J. C.,

Stilles Meer. Vom 30 südlicher Breite bis zum 5 nördlicher Breite "Geographisches verdient es durch seine Heiterkeit und Stille den namen des Stillen Statistiches Handwörterbuch," Bd. Meers; von da an bis zur Beringsstrasse ist es heftigen Stürmen unteriii, Pesth, 1822, worfen. Halberstadt, 1829.

Arrowsmith, "Grammar of

Bhering's Strait connects the Frozen Ocean with the Pacific.

Modern Geography," London, 1832.

The Anadir flows into the Pacific Ocean.

The principal gulfs of Asiatic Russia are: the Gulf of Anadir, near Bhering's Strait; the Sea of Penjina, and the Gulf of Okhotsk, between Kamtchatka and the mainland of Russia-all three in the Pacific Ocean.

"Précis de la 74

Géographie Universelle," par

L'Océan Pacifique Boréal s'étend depuis le Détroit de Behring jusqu'au Tropique de Cancer.

Malte-Brun, Tom. ii, p. 181, Paris, 1831-37.

Ibid., Tom. Le Détroit de Behring. A commencer par ce détroit, le Grand Océan viii, p. 4. (ou Océan Pacifique) forme la limite orientale de l'Asie.

Langlois, Behring (détroit célèbre). Il joint l'Océan Glacial Arctique au "Dictionnaire Grand Océan.

de Géographie,"

Tom. i, Paris, 1838.

Penny Cyclo- The Pacific Ocean. Its boundary-line is pretty well determined by pædia," vol. xvii, the adjacent continents, which approach one another towards the north, London, 1840. and at Behring's Strait which separates them, are only about 36 miles apart. This strait may be considered as closing the Pacific on the north.

"Dictionnaire Behring (Détroit de) à l'extrémité nord-est de l'Asie, sépare ce conUniversel d'His- tinent de l'Amérique et l'Ocean Glacial Arctique de l'Océan Pacifique. toire et de Géo- Behring (Mer de), partie de l'Océan Pacifique. graphie," par

M. N. Bouillet, Paris, 1842.

"Dictionnaire Behring (Détroit de). Canal de l'Océan

Géographique et eaux de l'Océan Pacifique à celles de l'Océan Arctique.

Statistique," par

Adrien Guibert. Tom. i, Paris, 1850.

"The New

Pacific Ocean.

unissant les

Between longitude 70° west and 110° east, that is, American Cyclo- for a space of over 180°, it covers the greater part of the earth's surpædia," edited face, from Behring's Straits to the Polar Circle, that separates it from by George Rip: the Antartic Ocean.

ley and Charles

A. Dana, New York, 1851.

"Harper's Sta

Behring Sea is that part of the North Pacific Ocean between the tistical Gazetteer Aleutian Islands in latitude 55° north and Behring Strait in latitude of the World," 66° north, by which latter it communicates with the Arctic Ocean.

vol. i, by J. Col

lins Smith, New York, 1855.

Imperial Gazet. teer, vol. i, Glasgow, 1855.

"Grand Dic

Behring Sea, sometimes called the Sea of Kamtchatka, is that portion of the North Pacific Ocean lying between the Aleutian Islands and Behring's Strait.

Behring (Détroit de).

Canal du Grand Océan unissant les eaux de

tionnaire de Géo- l'Océan Pacifique à celles de l'Océan Glacial Arctique. graphie Univer

selle," par S. N. Bescherelle, Tom. i, Paris, 1856-57.

McCulloch's

Pacific Ocean. Its extreme southern limit is the Antarctic Circle, "Geographical from which it stretches northward through 132° of latitude to Dictionary," edited by F. Mar. Behring's Strait, which separates it from the Arctic Ocean.

tin, vol. iii, London, 1866.

"Grand Dic

Behring (Détroit de). Canal ou bras de mer unissant les eaux de tionnaire Univer- l'Océan Glacial Arctique à celles de l'Océan Pacifique.

sel," par P. La

Rousse, Tom. ii, Paris, 1866–76.

St. Martin, Behring (Détroit de). Passage qui unit l'Océan Glacial Arctique au "Nouveau Dic Grand Océan.

tionnaire de Géo

graphie Universelle," Tom. i, Paris, 1879.

Behring Sea, or Sea of Kamchatka, is that part of the North Pacific Lippincott's Ocean between the Aleutian Islands in latitude 55° north and Behring "Gazetteer of the World," PhiladelStrait in latitude 66° north, by which latter it communicates with phia, 1880. the Arctic Ocean.

Beringsstrasse. Meerenge das nordöstlichste Eismeer mit dem Stil- Ritter's "Geolen Ocean verbindend. graphisch Statistisch Lexicon," Bd. i, Leipzig, 1883. Behring's Strait, connecting the North Pacific with the Arctic Ocean. Blackie's "Modern Cyclopædia," vol. i, London, 1889 edition.

Behring's Sea, sometimes called the Sea of Kamchatka, is that portion of the North Pacific Ocean lying between the Aleutian Islands and Behring's Strait.

75

VIEWS OF ENGLISH AND AMERICAN JURISTS.

Finally, a few passages may be quoted from English and American publicists of acknowledged eminence, to show the manner in which the general question has been viewed by them.

troduction to In

Dr. T. D. Woolsey, President of Yale College, "Intro-Woolsey, "Induction to the Study of International Law," 3rd edition, ternational New York, 1872, p. 83:

Russia, finally, at a more recent date, based an exclusive claim to the Pacific, north of the 51st degree, upon the ground that this part of the ocean was a passage to shores lying exclusively within her jurisdiction. But this claim was resisted by our government, and withdrawn in the temporary convention of 1824. A treaty of the same empire with Great Britain in 1825 contains similar concessions.

In referring to the Russian Ukase of 1821, Wharton, "Digest of International Law of the United States," Washington, 1886, vol. i, section 32, p. 3, speaks of Russia— Having asserted in 1822 to 1824 an exclusive jurisdiction over the north-west coast and waters of America from Behring Strait to the fiftyfirst degree of north latitude.

Law," 3rd edition, New York, 1872, p. 83.

Wharton, "Digest of International Law," Washington, 1886, vol. i, section 32, p. 3.

lines of Inter

Mr. Davis, Assistant Professor of Law at the United, Davis, "OutStates Military Academy, "Outlines of International Law," national Law, New York, 1887, p. 44:

Russia, in 1822, laid claim to exclusive jurisdiction over that part of the Pacific Ocean lying north of the 51st degree of north latitude, on the ground that it possessed the shores of that sea on both continents beyond that limit, and so had the right to restrict commerce to the coast inhabitants.

A recent United States writer, Professor J. B. Angell, discussing this subject, says:

New York, 1887,

p. 44.

"

The Treaty of 1824 secured to us the right of navigation and fishing Jas. B. Angell, in any part of the great ocean, commonly called the Pacific Ocean, or in the "Forum,' South Sea, and (in Article IV) for ten years that of frequenting the November 1889; American interior seas, gulfs, harbours, and creeks upon the coast for the pur- Rights in Behrpose of fishing and trading. At the expiration of ten years Russia ing Sea." refused to renew this last provision, and it never was formally renewed. See Appendix, But, for nearly fifty years at least, American vessels have been engaged vol. i. No. 8. in taking whales in Behring Sea without being disturbed by the Russian Government. Long before the cession of Alaska to us, hundreds of our whaling vessels annually visited the Arctic Ocean and Behring Sea, and brought home rich cargoes. It would seem, therefore, that Russia regarded Behring Sea as a part of the Pacific Ocean, and not as one of the "interior seas," access to which was forbidden by the termination of the IVth Article of the Treaty.

76

Sir R. Phillimore, in the 2nd edition of "Commen- Phillimore, "International taries upon International Law," vol. i, p. 241, remarks: Law," 2nd edi In 1822 Russia laid claim to a sovereignty over the Pacific Ocean tion, vol. i, p. 241. [3rd edition, p. north of the 51st degree of latitude; but the Government of the 290]. United States of America resisted this claim as contrary to the principles of international law.

Hall, "Inter- Mr. W. E. Hall, "Principles of International Law," edition, p. Clarendon Press, Oxford, 3rd edition, 1890, p. 147:

national Law,'

3rd 147.

NOTE.-A new claim subsequently sprung up in the Pacific, but it was abandoned in a very short time. The Russian Government pretended to be Sovereign over the Pacific north of the 51st degree of latitude, and published an Ukase in 1821 prohibiting foreign vessels from approaching within 100 Italian miles of the coasts and islands bordering upon or included in that portion of the ocean. This pretension was resisted by the United States and Great Britain, and was wholly given up by Conventions between the former Powers and Russia in 1824 and 1825.

The arguments contained in the foregoing chapter establish

That the Treaty of 1825 between Great Britain and Russia applied, and was intended to apply, to all the nonterritorial waters of the North Pacific, extending from Behring Strait upon the north to latitude 51° upon the coast of America, and to latitude 45° 50′ upon the coast of Asia (being the whole extent of sea covered by the Ukase). That at no stage of the controversy was any distinction drawn, or intended to be drawn, between the seas to the north and the seas to the south of the Aleutian Islands.

That Behring Sea was included in the phrase "Pacific Ocean " as used in the Treaty of 1825.

That the expression "north-west coast of America" or, in its abbreviated form, "north-west coast" included the coast up to Behring Strait.

Alaska, pp. 534, 535.

North-west

HEAD (D). The User of the Waters in question from 1821 to

1867.

As regards the user of the waters in question, it has been shown that down to the year 1821 Russia made no attempt in practice to assert or exercise jurisdiction over foreign vessels when beyond the ordinary territorial jurisdiction. With the exception of the incidents connected with the Ukase of 1821, already referred to in Chapter II, the same is true of the period between 1821 and 1867.

HISTORICAL OUTLINE.

To resume the historical statement in chronological order

In the year 1821 Mouravief was sent out to take control at Sitka under the new Charter. He assumed the name of "Governor" in place of that of "Chief Manager," which had previously been employed.

The names of seven trading vessels on the north-west

Coast, vol. i, pp. coast are known for this year.*

340, 341.

Alaska,

537-539.

In 1822, the Russian vessel "Rurik" arrived at Sitka PP from Kronstadt with supplies. About the close of the

.

* See note on p. 19 referring to trading vessels on the north-west None of these trading vessels were Russian.

coast.

year the Russian sloop-of-war "Apollon" also arrived, with instructions that all trade with foreigners should cease. This interdict remained in force for two years, and seriously interfered with the profits of the Company. In this year also the Russian sloops-of-war "Kreisser" and "Ladoga" arrived to enforce the provisions of the Ukase and remained for two years.

Ibid., p. 540.

An exploratory expedition, which remained absent two Ibid., p. 546. years, was dispatched from Sitka to the eastern shore of Behring Sea.

539.

In 1823, a famine was feared at Sitka and on the coast, Ibid., pp. 536and the "Rurik" and an American vessel which had been purchased, were sent to California and the Sandwich Islands for supplies.

Referring to this incident, Bancroft writes:

As in this instance, the Colonies had frequently been relieved 78 from want by trade with foreigners; and, indeed this was too often the only means of averting starvation. Even between 1818 and 1822, when supplies were comparatively abundant, goods, consisting mainly of provisions, were obtained by traffic with American and English coasters to the value of more than 300,000 roubles in scrip.

Ibid., p. 538.

North-west Coast, vol. i, p.

341.

In the same year, the "Rob Roy," from Boston, is known to have been on the north-west coast. In 1824, Kotzebue, in the "Predpriatie," called at Sitka. Alaska, p. 540. About this time the shareholders of the Russian Company protested against the interdict of foreign trade, and Sitka was, in consequence, again opened to such trade.

Ibid., p. 541.

Dall's Alaska,

Acting under the authority of the Ukase of 1821, the United States brig "Pearl," when on a voyage from Boston PP. 233, 234. to Sitka, had been in the year 1822 seized by the Russian sloop "Apollon." Count Nesselrode, in his despatch to Count Lieven (26th June, 1823), when communicating the See Appendix, suspension of the Ukase of 1821, says the advices to this vol. ii, “Part I, effect were sent from St. Petersburg in August of 1823, and that the officer of the "Apollon" could not receive them before September, 1824, and that, therefore, he could not have known of them at the "time of the occurrence of the incident reported by the American press.”

In 1824, the "Pearl" was released, and compensation was paid for her arrest and detention.

No. 29.

A s to the "Pearl," see S. Canning to G. Canning, April 23, 1823. Appendix, vol. ii, Part I, No. 24.

Coast, vol. i, p. 341.

In the same year four vessels are recorded as having North west visited the north-west coast, and some of them are known to have repeated their visits in later years.

In 1825, the "Elena" arrived at Sitka with supplies. Kotzebue also again called at Sitka.

Remonstrances were addressed by the Russian-American Company to the Russian Government as to the effect of the Conventions of 1824 and 1825. The name of but one vessel trading on the north-west coast has been preserved in this year.

Alaska, p. 539. Ibid., p. 544.

North-west

Coast, vol. i, p. 341.

Alaska, p. 582.

In 1826, Chistiakof wrote to the Directors of the Com- Beechey's Voy age to the Pacific pany asking that an experienced whaling master should be and Behring sent out. In July of this year Her Majesty's ship "Blos- Strait, London, som," under Captain Beechey, sailed through Behring Sea 335. into the Arctic Ocean.

1831, vol. ii, p.