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1 
 
 i 
 
 MEMORANDUM 
 
 Upon Mr. Blaine's Note to Sir Julian 
 Pauncefote, of December 17tli. 1890. 
 
 Mr. Blaine joins issue upon the statement made on 
 behalf of Great Britain that the phrase "Patific Ocean 
 as used in the Treaties" of 1824 and 1825, was intended 
 to include, and does include, the body of water now 
 kno\yn as Behring Sea; and he remarks that, that upon 
 this issue the whole question between the two countries 
 depends. 
 
 He claims that Behring Sea was understood by the 
 three signatory Powers concerned to be "a separate body 
 of water, and was not included in the phrase ' Pacific 
 Ocean.' " He combats Lord Salisbury's contention that 
 the words "north-west coast" in the correspondence and 
 Conventions include, or included, the whole of that coast 
 as far as Behring Strait. 
 
 Mr. Blaine insists that i)y long prescription the words 
 " north-west coast" mean the coast of the Pacific Ocean 
 between 60 degrees north latitude and 54 degrees 40 
 minutes. 
 !Wi<(' '**"' ^"''"'"*' '^''6 undersigned has already supported, by reference 
 to documents and desfiatches contemporaneous with the 
 Treaties, Lord Salisbury's construction of tho.se words. 
 Touching the words " north west coast," it may be re- 
 peated shortly, that Emperor Paul, in the Uka«eof 1799, 
 when delimiting the " tiorth-eastern (sic) coast of 
 America," referred to it as lying at 5oth degree to Beh- 
 ring Strait. Emperor Alexander, in lt.21, used these 
 words as covering the coast " lying trom Behring Straits, 
 
 l\C. 
 
 Kn»if -Ci j'uw' ^^ Adams, in 1823, dealt with the Russian claim as 
 1SL';(.' " ' one of exclusive territorial right on the north-west coast 
 
 of America, extending, he said, from the " northern 
 extremity of the Continent." Articles in the North 
 American Review (Vol. 16, Art. xviii), and Quarterly 
 Retnew (1821-22, Vol. 26, j.. 344). published at the time 
 of the negotiations of 1824-2o, so treat the words " north- 
 west coast." 
 Ainirioui .Static Mr. Adams in his despatch of22nd.Tuly, 1823. referred 
 
 KHlKtinn,"'v»'l''.'-., *" Emperor Paul's T'kase as protending to grant to the 
 p. i'M- ' American Company the " exclusive posseseion of the 
 
 "north-west coast of America, which belonged to Russia 
 " from the 55th degree of noiVA Intituile to Behring Strait." 
 (The italics are those of the undersigned). 
 
 Af^er referring to a map (used by Mr llancroft, an 
 historian), Mr. Blaine, it is submitted, considerably 
 weakens his argument upon the construction of the word's 
 in question, by remarking " the phrase ' north-west coast 
 "of America' has not infrequently l>een used in iiuotlier 
 " sense as including the American coast of the Russian 
 " posBeBsions as far northward as the Strait of Behring." 
 A reference to the original trench version of the Anglo- 
 Russian Convention shows most clearly the phrase was 
 ao used tliere. 
 
 Mr. Blaine suggests that the omission of the words 
 "Behring Sea" in thp correspondence and Treaties of 
 
 : 
 
-■J 
 
 / (/••' I..---' 
 
1824-26 was due to the absence of any intention to refer 
 to that sea. 
 
 Ill the Ust of inapH ap[ieiid('<i hy Mr. Blaine in etuiiport 
 of this, anottior, and in tlio opinion of the nndcPHiKned 
 better reaoon for the omisiiion suggests itnelf, Binoi! ncitlier 
 a KuRHian, Englisii nor American map is foimd in tlie Vmt 
 witli the name of Behring tica npon it. 
 ^I'l"- Touching Huoh maps aa lie ban produced, tlic under- 
 
 signed has, moreover, to observe that it is not {)OBaible in 
 Canada, so far as lie is aware, to minutely examine tiieni, 
 but doulith'sfl they will be seen in the British Museum, 
 and there inspectetl, if it is deemed necessary to enter 
 further into tliis line of argument. 
 
 It may be obsorvcil, however, in passing, that it is pro- 
 bable that the style of printing the words •* Kamchatka," 
 or "BehringSeii," " Pucilic Ocean," "South Pacific," will 
 show one to have been considered by tiie geographers iw 
 part of the other. In the same manner in various types 
 "England," "Buckinghamshire," "Southampton," are 
 used to show subsidiary nlationsliii.'. Maps show the 
 Atlantic Ocean includes the Bay of Biscay, and the 
 Mediterranean Sea includes the Tyrrhenian and Ionian 
 Seas. It will be sciii too that Kamchatka as a sea was 
 marked on a map long before it wiu known that the 
 American continent was opposite the Peninsula of Kam- 
 chatka. 
 
 It must not be forgotten that dates appearing on maps 
 ofttii mislead. 
 
 The ilitfercnt names in the list of maps are brought 
 ' forward by Mr. Hluiric as though th y hud been applied 
 
 to the water now gi'iicndly known :is Bchring Sea. 
 "Anadir" or " Anadyc," apiieariuLf as one of them is 
 however the name of a simill river llowinjf into Behring 
 Sea from Siberia, and the small bay at its mouth is so 
 named, lueaniiiLr gulf or bay. No evidence is given that 
 the great exjianse ol' water in i|uestion was ever so called. 
 •• Mi-ttif iluiis !.■ " Bassin " de Bt.'li ring, another name in Mr. Blaine's 
 
 ■'T.'i'pui (I »liip) list, means lichring Harbour or Iluven, not BehringSea. 
 iiitii II ii.i.k ' This probahly applied to Anadir Bay or some other 
 
 •• ('..n.luiiv in haven in that region ; similarly " Bacino," which appears 
 
 • ri. pill (a Kliipi '" 'be title of one or inore of the early niiips listed by Mr. 
 inuiu i>ik\." Blaine, is the Italian for " dock or dry doi-k." It may 
 
 have been e()uivalent to the French " Bassin," or one 
 cartographer have thus translated the language of another. 
 Original plates of maps have been altered from time to 
 time, without any alteration of the date of the first 
 engraving and publication, us, for instance, a chart pub- 
 lished hy the United States' Government exists wliich 
 professes to have been published before the Portland 
 Clianiiel was surveyed, yet this chart includes all details, 
 soundings, &c., of the I'ortland Channel. 
 
 At^er eomnienting on the maps, Mr. Blaine :vsks : " Is 
 " it [lossible that with this cloud of witnesses before the 
 " eyes of Mr. Adams and Mr. (Jeorge (^aiming, attesting 
 " the existence of the Sea ot Kamchatka, tliey would 
 " simply inclu'le it in the phrase ' P'lfijic Ofini',.' (The 
 italii's are those of the undersigned). 
 
 Mr. Blaine adds that he cannot believe that Mr. Can- 
 ning and Mr. t\ lams would have omitted a distinct 
 refereiu'C to the bea of Kamchatka, or " a description of 
 " its metes and bouiuls " He incidentally dwells on the 
 number of lines used to describe the respective titles of 
 Count Nesselrode, of Mr. Canning and Mr. Poletiea, and 
 the atwenee of a word to secure the full freedom of 
 
 ^ 
 
■ 
 
 I. 
 
Hehrinir Sen, but lie has overlnokod llic fnct that it took 
 K'gs tliiiii It'll linen to sciMiro the t'roi'iloiri of tlio I'ucifio 
 Ocean. 
 
 Thoro '\» lulmittoilly in the Convpiitioim nn iihuonco of 
 
 uny attonipl to tloline hy nietPH iind lioiimls the Pacific 
 
 Oceiin. 
 
 ApprniiiMi nrr px Tlif tiiir coiichision of Mr. Hliiinc's aixiinient therefore 
 
 Ik^'m, th'i',: '^i ""<'^;'- tl''"* ''«"1 wctil.l 1)0 that nothin^r «■„« ott\...(o,| by 
 
 the Convention, ho fur uh the PacificOccun was concerned, 
 
 Hiiice oftiie Treaty, using bin own hin<;uajre, it can be 
 
 said thoro in '"no doscriiition of itn inctcs and Ixmnda," 
 
 and the " deed " (iocrt not "rod u> every faiM and feature 
 
 "necestsary for the identilication" of the wuterx involved. 
 
 The controversy lias been carried into dangerous ground 
 
 '^'irHriiiu Strait. *"'^'" '.'"' ^^'''t^^'l States, since ev..ry Geography Kncydo- 
 
 KuiMLliiiukii. jMedia, now or at any time |Mii)lished. shows that the 
 
 lVitic(),i-aii. words '• Pacific Ocean" mean distinctly tlie waters 
 
 Ixiunded on the north by "P.eliring Strait" an<l the 
 
 V..L :». "t the Xortli I'acihc is as follows :— "the Vorth Pacific 
 
 " Ocean siretches nortliward through l;i2 degrees ot lat. 
 " to Hehring Straits which Bepunite it from the Arctic 
 "Ocean." 
 
 Mr. Adams and Mr. Oaiiiiiiig were careful therefore in 
 tlieir draft to use words covering the very waters to 
 which the objectionable I'lsase applied. It would appear 
 that advantage is now sought to be taken of the 
 dciiartiire from the exact delimitation adopted in the 
 I'kase. An examination of the correspondence .sliows 
 that the general but suthcient description of the water 
 was used in the Convention to lessen the huniiliation of 
 Russia's tiiirrender. The phrase " Pacific Ocean " as used 
 in the Treaties was, a<-cording to the best authorities, 
 therefore clearly intended to include, and does to this day 
 iiicludc^ the body of water which is now known as 
 " Hehring Soa.'' 
 
 In liis Memorandum of 30th August, 1890, it may be 
 added, the undersigned had the lionourto callattention to 
 the fact that as hite as tlu^ year 1882 the Russian Govern- 
 ment, in a Proclamation covering a jiortion of IV^hring 
 Sea, used as descriptive terms the words " Russian waters 
 "in the Pacific," and "our Pacific wuti^rs." 
 
 Reference wa« made also to the use of the words 
 " Pacific coiwt " by the Legislature of the Territory of 
 Washington i.. 1866, as extending to Mchring Strait. 
 
 The " llydrographic Atlas of the Russian Possessions 
 Report on the .s.-al "on the Pacific," by Captain Tahcnkow, St. Petersburifh 
 ulXI-r^M. l'"l;l'"'l.'«'l "' 1«5?; i;.-;l'-.l«« the waters of Bohring Sea. ' 
 
 Professor II. \V. Llliott, of tlie Smithsonian Institute, 
 who was engaged in the study of the Seal Islands of 
 Alaska for the United Stales' CJovernment as late as the 
 year 1880, in his otticial report on the Seal Islands of 
 Alaska remarked, concerning the -seals : — " Their range 
 " ill thf Ninth Parifi,' is virtinilly confined to four islands ni 
 " Behring Sea, viz., St. Paul and St. George, of the true 
 " Pribylov Group, and Bering aii<l Copi)er, of the Com- 
 "mander Islands." (The italics are those of the under- 
 signed). Again, he says: "In the North Atlanti( no 
 " suitable territory for their recciition exists, or ever did 
 " exist ; and really nothing in the Xortli Pacific I)oyoiiil 
 " what we have designated in Behring Sea." He' also 
 describes the rookeries in Behring Sea as "North Pacific 
 " Rookeries." And also : " Geographically, as well as in 
 " regard to Natural History, Bering Island is one of the 
 " most curious islands in the inirtheni part .//" thr Binjic 
 " Oceiin." (The italics are those of the undoreigued). 
 
 ■ 
 
 I. 
 
^^^^K^ 
 
 The only wntern ponneotod with the (lidpntc and to 
 whu'h no rtifcrt'nou wns n)ii(lc in the ConvuntionH wore 
 the Straitrt of lichrin^. 
 
 It' JU'hrinj; Scu wiih to be lot't niidi'i' tlu' )ian ()t' tho 
 
 UkiiKt' of !h21, and mich w.in I hi' intention of tlie ncjfo- 
 
 tilltor^ what is tlic Hignificuti' n of tin- following extrnetu 
 
 from till' ilt'H|mlrht'M : 
 
 Mr. s, CKiiuiiiit til " With it'H|ii'i't to Hi'hring Straiti*, I am hayipy to haveit 
 
 niii "ni'Ki'l'" "'" '"-^ jiowir to MKnnri' von. on the Joint authority of the 
 
 i.vii ' ' "Kiif<i'ian I'lcnipotiiitiuncs, that the KniinTor of Rimisia 
 
 (Murtii Iki.) "hast no intention whatever of maintaining any exelusive 
 
 "elaiin to the mtviijutiim ol fuse Slrmin, nr of the seas to 
 
 " ll.i- liurU, <.f tl.rm. * * * *" 
 
 Rt. Hon. O. r«ii "* « ■* The Power which would think of niakinif 
 
 ■iiiiu til Sir ( liiui. ,..1 I) •»• I 1 . II I 
 
 BniTiit, a4tli July. 'he laeihe a miiii rltiiisiim nia\ not unnaturally bomip- 
 
 IHM. "poseil eapahle of a dinpofition to apply the name ehar- 
 
 "aeter (o a Strait eonipreheniled between the two Hhore* 
 
 "of whieh it tieeonies the nndispntahle owner. Hut the 
 
 "shutting up of ifi'hring iStraitn, or the power to Rhut 
 
 "them hi'reafter, woidil l>e a thing not to he tolerated by 
 
 "Kngland. Xor eould we submit to he exeluded from a 
 
 "Sea in whieh tiie skill and seienee of our seamen have 
 
 "been, and are still employe*! in enterprises intereHting, 
 
 " not to this country alone, but to the whole civilized 
 
 " world." 
 
 Mr. Waine has testified to tlie astuteness of the two 
 Cannings. 
 
 With these desiiatehes before him, can Mr. Blaine fair- 
 ly insist that while (!roat Britain's rejircsentatives would 
 not tolerate the closing of Hdiring Si raits, or of the seas 
 beyond tbi'iii, they were led to assent by iinpliuation or 
 otiierwisc to the exclusion of Hritish ships troni the waters 
 of the only sea by which the Straits and the seas beyond 
 them could be ajiproachcd ? 
 
 Mr. Hlainchaseontended that Rnsaia did not withdraw 
 the operation of the Ukase of 1821 from the waters of 
 the nelinng Sea, and that '• proof is conclusive that it was 
 " left in full force over " these waters. 
 
 It will be seen tliat by the I'kase "the pursuits of com- 
 " nierce, whaling, and lishery," in waters now known as 
 Behriiig Sea, were granted exclusively to Russian sub- 
 jects. 
 
 Mr. Jfdni Quincy Adams in his despatch to Mr. Henry 
 MiddtetoM, 22nil .luly, 1823, said. "From the tonorof the 
 "Ukase, the jiretentions of the Imperial <<overnment ex- 
 "tend to an exelnsive jurisdiction from the 4.5th degree 
 "of north latitude, on the Asiatic coast, to the latitude 
 "of r>| nerili on the western coast of the American con- 
 "tiuont; and they assume the right of interdicting the 
 "navigation and the fishery of all other nations to the 
 " extent of one hundred miles from the whole of tliat 
 " coast. 
 
 "The United States can ailniit no part of these claims 
 .. « « * " A,|,j ,i,p c„„v,.„tion followed. 
 
 Writing in 18H2 (May 8th-20tli). M. de (iicrs said :— 
 
 "Referring to the cxcliange of communications which 
 "has taken place between us on the subject of a notice 
 "published by our Consul a' Yokohama rcl.ating to fish- 
 "ing, huniing, and to trade in th< l\'un.ii<ni inilris of the 
 " Pddjic. and in reply to the note which you addres.sed 
 "tome, dated March 15-27. I am now in a position to 
 "give you the following information : — 
 
 " A notice of the tenor of that annexed to your note of 
 "the 15th March was, in fact, published by our Consul at 
 
" Yokdliuinu. mill our ('oiiitiil-(jli'i)ori»l iit San Franclnco u 
 "hImi iiiitliorl/.cil to iiiililiNli it. 
 
 "Tlii- nu'iiHuri' rchir* cmly t<i proliiliittd inilimtricB iind 
 " totlii'triiilfiiicontriilmiKl ; tlic ri'Hfrii-tii.iiH which it cutiib- 
 "liHh»'il ,:rln,<l ulrirlli/ l>i tlir lirritiirinl irutrrs n/ UuHnin 
 "onli/. It wim ri(i\iin'<i l)y the iiuiiiorDiis tihiiHOH provt-d 
 " iti hito ycaiv. iiikI wlii.li't'fll witli uli Ihi'ir wciffht on tho 
 " |M>|)iiiiiti(iii ot' our wn whori' iiiul ot our iHliinilM, whoMo 
 " iiifuhs of su|.jH)rt iw hy fiithiiijj tind liniitiii}?. Then«i 
 "aUuHt'H iiilliiloil iiIko n iiiiirkt'<l injury on thtf intore«ti< of 
 "the niiiipii,,,, til ir/iirh ll,e Imperiiil Onrinimrvl had con- 
 " mifil Ihf miiiiiipbj nf Jhlihuj <n><l huiitiiiij {r f porta lii,n), in 
 " inldiiila riillnl the >'Commii<li>re' uml tin- ' Seals." 
 
 " llt'Vond tliis now rojfiihition. of whirli tho t't.Hcnfiul 
 " jioint i« the ohli^iition inipoHcd upon captainii of voshcIk, 
 " wiH> (iuHirc to ti!<h iind to hinit in tho linniiiru iri(tn:i i>l' 
 " llie I'irljir to providf tli(>tnH.'lvo« Ht Vludivontok with 
 "tho pornrmttjon <ir liicnse of flio <ii or Uencrnl of 
 
 " Oriontul Siberia, tho rij(lit of tishini,', ■ /inv', iind of 
 "tnitU'iiy f<'ri'i>;ni'r!<inourtornt()niil wale . iH ro^uhitod 
 "by Article .■>•»(). and tlioso followinjf, ol \ ,)]. J2, part 2, 
 " of thu C^odo of Imwh. Iiifonninjr u of ti)i> precoedin" 
 " I have flio liononr, \c. * ' « 
 
 It in clcttr that Mr. AdaniH. in ^H2^ and tlir LusHian 
 (iovornnicnt in lX8J, wcro not of tho op Ion that tho 
 UkaHo wuH in I'ul' t'orco in Itfliring Soa 
 
 Tlic rcjfuhitionH ri'ferri'd to by Mn. .',,■ (Vlts prove that 
 tho oxtnionlinary ciaini now net up liy tiioUnitwJ States 
 wan long ago abaiidonod by linsHia, i>o tar aH '"•. bring 8^■n is 
 ■(■oiu'frni'd. The rest rictionn upon (oinnu roe and fishiu'r 
 are in Mohring Soa oonHned by Rns»ia to islands owned 
 l>y her, and to the ordinary torrit inal waters surrounding 
 them. 
 
 Mr. Hlaino procoods to refer to the valuable nionoi>oly 
 whieli had been conferred by tlie Uussiaii (roveniment 
 ni)on the Russian American C!oni])any, ami he arguei that 
 this wealth would not bo, and was not "thrown away in a 
 "phrase which merged tho lU'hring Sea in the racilie 
 "Ocean." 
 
 The incrcaseofthe wealth of this company hardly proves 
 that the monopoly extended to the waters covered by the 
 Ukase. The ultimate failure and insolvency of the com- 
 pany before 1 Hi\T, \n at any rate, a complete answer to such 
 a suiiposition. 
 
 Mr. Blaino avers that the Russian American Company 
 could not be called, as it was by tho Iniporiul Council 
 " a monopoly," if Lord Salisbury's construction of the 
 Treaty is correct. He dwells upon the language of the 
 Imperial ('oiineil, where it says : — 
 
 " To open our ports to all hunters promiscuously would 
 " be a death blow to the fur trade." And lie adds that 
 this reference is to IJohring Sea ports. 
 
 An iiicpoction of the Conventions of 1824-25 certainly 
 disposes of this, since it appears that Russian ports, neither 
 on the main Pacitic Ocean nor in its branch, tiie Hehring 
 Soa, Were to bo " open to all hunters promiscuously." 
 
 _An extract from Mr. Bancroft's history following inimo- 
 diately after shows, it is true, that tho " monopoly "' of the 
 company still existed, but it further states that " tho 
 boundary wasof coui-so changed in accordance with the 
 English and American treaties." 
 
 Tiie conclusion of Mr. Blaine from the statement that 
 the Russian Ameiican Company were left almo.st alone in 
 thoir operations in Bohring Sea, utter the treaties of 182'l- 
 
m 
 
8 
 
 Kllintt, Hf 
 til.' Smil Ir 
 AlHtka, \V 
 tiiii, 1S84, 
 
 iMirt ipii 
 Lu.\h ..f 
 
 p. US. 
 
 25. 18 not, it is cliiiinod, nt all rensoimblo, even if founded on 
 fact. 
 
 ]\i38i.'ssoil, »H tills coiiiiiiiiiy wac, df oxclusivc terriiorial 
 privilciri's in II swi siirromidi'd liy Kiii^siaii jiossoissioiis, and 
 I'lillol' uiikMown (hiiiifcrs, it is not a matter ot woiuiof that 
 KiiL'lisli ami AnuTicaii tiir-liunti-i's woro satisiii'd at tlie 
 tiiiio willi till' iiiiinciisi' and valuable t'lir jiroducts of the 
 bettor known mid inoiv aci-ossiblo islands in the southern 
 waters of tlic I'aoitio. 
 
 The " inoiio|iol_v " dwelt niion liy Mr. lUaine wivs, it 
 may be saiil, similar to that oiijoycil siiu'e the ai'(iiiisition 
 of the Seal Islands l)y tiie F"iiiti'd States. While the 
 South Shotlands and the Mas-a-fneras atfordod facilities 
 for lakinfT seals on the rookeries in eiiornious numbers, it 
 is not surprisiiiiT that vessels titleij out in N'ew Knsrland 
 and (treat Britain for the imrsuit of seals neglected to 
 engage in the hunting of these animals in the open waters 
 of the nehrinu; Sea. 
 
 The rkase^lM21, so far as the control of 100 Italian 
 miles from the shores in Behring Sea is coneerned, existed 
 uninipaireil by the Conventions of 18"J4-"J5, acei rding to 
 Mr. Blaine, though he deals only with this control so far 
 as it att'e<ts seals and the fur trade. 
 
 It would seem that after a protest from Great nritain 
 and the United States against the entire claim set U|i in 
 the Ukase that any special ciuitrol ot the fur-trade could 
 have been retained only by spei ial reservation in conven- 
 tions which followed, (-ortainly, withotit it the pursuits 
 of whaling and tishing, the fur-trade and eomiuerce men- 
 tioned in the I'kase, were in the .same category. The 
 Ukase certainly stood orfell in its entirety as regards all of 
 these interests in MehringSea. Bancroft informs us that 
 as regards whaling and the Ukase, an nnmistakcable 
 decision was given on the part of Russia in 1842. 
 Ktholen, a Russian (iovernor, had coniplain<'d of the 
 liresence of American whalers in Behring Sea anil 
 had asked his (iovernmint to hold the sea as a mdre 
 cl'iKstnii. Tile Russian (iovemnient jiromiitly replied 
 that the Treaty (betwern Russia and tlie United States) 
 gave to American citizens the rii/ht to > n</<i(/c in Jiiliing 
 oirr the irholc exU'nl ot thi' PucHir Oniin. (Bancroft, 
 Alaska, p. 588). The whalers were not molested. 
 
 Whales were found at sea. The "niouopoly" on the 
 islands in territorial waters gave therefore little advan- 
 tage to the Russian American ('oni]iany i!> this regard, 
 and Mr. Blaine has previously ailniitteirthat after 1824-26 
 Hnglish and .\niencan whalers followed their pursuit 
 without let or hindrance all over the waters of Behring 
 Sea and into the .\rtic Ocean, 
 
 In the three years following 1848. when whaling in 
 Behring Sea was actively begun, no less than 2.")0 ships 
 obtained caru:oes (Encycloiia'dia Britaimica, "' Whales"). 
 These vessi'ls saileil mostly from San Francisco. So com- 
 pletely in fact was the I'kasc of 1821 annulled that not 
 one vessel was nioh'stcd, nor was it suggested as a possi- 
 bility, liy warnings or otherwise, that Russia would inter- 
 fere with these sliip.s. 
 
 Reasons have already been given to explain that 
 whaling vessels ciuitined their operations to whales; seal- 
 ing vessels not able to enjoy the privilege of taking seals 
 on the isliindscit' Behring Sea naturally sought them upon 
 Islands where they were I'ound in inillions free to all. 
 Mr. Blaine still persists, without giving any substantial 
 ground for his opinion, that while the I'kiwe was iiugator\ 
 
■'f^zy^iv^-^^ji. Tw^; v(r.TiJnF3'»'"/ETar.'rTw:T^.B' ■ 
 
 as affected rights of navigation and of whale hunting, it 
 was in full fopfc and effect so far as it related to seals, and 
 that "the 100 mile limit was observed for that purjOTse 
 " by all Maritime nations tliat sent vessels to Behring 
 " waters ". " 
 
 Unable to deny that "tlie pursuits of commerce, 
 whaling and the ftshery," mentioned in the Ukase, were 
 followed ill Behring Sea after 1824-25, Mr. Blaine has, 
 as has been stated, repeatedly endeavoured to show 
 recognition by Great Britain of"" Russia's power over the 
 seal tisheries." In addition to the arguments already 
 reviewed, he dwells on the absence of any protest against 
 the so-called " liussian monopoly " after the Treaties of 
 182-1-25. Why should a protest have been preferred '! 
 The " Monopoly " admittedly existed on the islands and 
 in the ordinary territorial waters. The same monopoly 
 exists under the United States' Administration to-day 
 and Great Britain has not, nor docs she now, protest. 
 The protests on this score come from United States' 
 citizens. 
 
 It is said that because the Treaties recognized ^hat 
 both the United States and Great Britain had establish- 
 ments on the "north-west coast" therefore these words 
 meant only the territory south of the Aleutian range, or 
 of 60 degrees north latitude. This conclusion hardly 
 follows. Every establishment on any part of the con- 
 tinent, from the Straits to the territory below the 
 Aleutian range, would be surely on the " north-west 
 coast," if the constniction claimed l)y Great Britain of 
 tliese words be correct. It does not iissist Mr. Blaine to 
 point out the exact position of the establishments, nor to 
 assert that neither country ever claimed territory north 
 of the 60th parallel of latitude. It is submitted, however, 
 that Russia distinctly claimed territory above that 
 parallel of latitude. Mr. Adams was of this opinion. 
 
 The reference to the Treaty of 20th October, 1818, 
 between the United States and"^ Great Britain, and to the 
 "north-west coast" of America westward of Stony 
 Mountains therein mentioned, which .Mr. Blaine con- 
 siders conclusive, is of a similar character to that just 
 given. A reference to any jtart of that coast as the 
 "north-west coast" does not, it is submitted, assist in 
 the attempt to limit the use of tliese words to that part. 
 
 Referring to the Memorandum submitted to Oount 
 Nesttclrode by Mr. Middleton, Mr. Blaine says: "Mr. 
 " Middleton declares that Russi'^ has not the right of 
 "dominion' upon the continent of America betroeen the 
 "Jiflieth and seventieth degree of north latitude'. Still 
 " less," adds Mr. Blaine, " has she the dominion of the 
 " adjacent maritime territory or the sea which washes 
 " these coasts," and citing Mr. Middleton's declarations 
 that Russia has not the "right of exclusion or of 
 "admission on these coasts nor in these seas between the 
 " fiftieth and seventieth degrees of north latitude nn the 
 " I'O'ly </ the continent." (The italics are those of Mr. 
 Blaine.) 
 
 This is easy proof, it is said, that the coast, in the 
 Treaty, was the " north-west coast " on the I'acitic south 
 of 60 degrees north latitude. Mr. Middloton's Memo- 
 randum stated " the right of navigating all the free seas 
 " belongs by natural law to every independent nation, 
 " and even constitutes an essential part of this imlopeii- 
 " dence," and Mr. Blaine adds that this was a protest 
 against a Ukase which proposed to extend Russian 
 
■■i 
 
 Ainericnn State 
 Papers, Fort'iffn 
 HolatiDiia, vol. 5 
 p. 4r)i. 
 
 10 
 
 sovereignty over the Pacific Ocean aw far south as 51 
 degrees of latitude, and that the double reference to 
 "free seas " would have no meaning if Mr. Middleton 
 did not recognize that freedom on certain seaa had been 
 restricted. All seas, adds Mr. Blaine, in that region could 
 not have been regarded as free seas. Even u partial 
 reference, such as the above, to the contention of the 
 United States with liiissia, gives Mr. Blaine meagre if any 
 support. It is submitted that in trying to restrict the 
 application of the language from the Memorandum of 
 Mr. Middleton in this instance signal failure is apparent. 
 The language of the Memorandum is not restricted. It 
 expressly treats of the right of dominion between the 
 50th and (JOth degrees of north latitude. The 60th 
 dejH;ree of north latitude cuts Behring Sea in half and 
 is hir north of the Seal Islands. 
 
 The sea is referred to as washing those coasts, vh, the 
 coasts above and below the Aleutian Isles. The seas 
 washing them are said to be "free seas." The map shows 
 these " free seas " are, the sea known as Behring Sea, 
 Bristol Bay, uid the Gulf of Alaska, all portions of the 
 Pacitic t)cean. The seas not " free seas " are admittedly 
 the numerous inner seas and gulfs, almost land-locked in 
 Russian territory and the water within the ordinary coastal 
 limit of Russian jurisdiction. 
 
 When Mr. Blaine endeavours to confine the dispute to 
 the continent not bordering on Behring Sea, and below 
 the 60tli degree of north latitude, it seems only necessary 
 to refer him to the memorial of Mr. Middleton, delivered 
 to the Russian Emperor in 1823, wherein the United 
 States stated that Russia " had no right to claim, either 
 " under the title of discovery or of oeeupatioH on the mn- 
 '' tinnit east nr south of Behring Strait about (above) 
 " the 60th degree of north latitude." 
 
 It was clearly necessary for Mr. Blaim-, in seeking so to 
 construe the memorandum of Mr. Middleton as he has 
 done, to add the words, "on the body of the continent" 
 to the declaration in the memorandum that Russia had 
 no right of exclusion on these coasts, nor " in these seas 
 " which are free seas." These words arc not, it will be 
 found, in the memorandum. 
 
 The following language from the Memorial delivered 
 by Mr. Middleton to the Emperor of Russia in 1823 
 shows an abrupt departure of the United States now from 
 the attitude taken by that country in earlier times : — 
 
 " The extension of territorial rights to the distance of 
 "a hundred miles from tlie coasts upon two opposite 
 " continents, and the prohibition of approaching to tho 
 " same distAncc from those coasts or from tliose of all the 
 " intervening islands, are innovations in the law of 
 " nations, and measures unexampled. It must thus be 
 " imagined that this prohibition, bearing the j)ain8 of 
 " confiscation, applies to a Jong line of coasts, with the 
 " intermediate islands, situated in vast seas, where the 
 " navigation is subject to innumerable and unknown 
 " dithculties. iind where the chief enifiloyment, which is 
 " the whale fishery, cannot be compatible with a regulated 
 "and well determined course." 
 
 In view of Mr. Blaine's persistency in arguing that Mr. 
 Adams, on behalf of the Lnited States' (Government, was 
 not concerned in the waters of the Behring Sea, but was 
 actually ready to concede exclusive jurisdiction in Russia 
 over 100 miles of coastal jurisdiction in that sea, it becomes 
 necessary again to refer to a note of Mr. Adams, wherein 
 he stated ; — 
 
Kncyolopiudii 
 
 BriUiiiiiic-ii. 
 
 11 
 
 ^^ " From the lenor of the Ukuso, tlio pretontioiis of the 
 _ Jmi>('rml (}.>vonimoiit extend to an exclusive tcrritdrial 
 'jurisdiction from the forty-lifth degree of north latitude, 
 ^|oii the AHiatic eoiist, to tlie hititude of 51 north on the 
 II western eoast of the American eontinent ; and they 
 II assume tlie ri,i,'ht of iiiterdietin<r th^ luielyiilinn and the 
 "hshery of all otlier nntions to tlie extent of 100 miles 
 "from the whole of the const. 
 
 ii'vu'^^^ United States can admit no part of these claims. 
 ^ Iheir right of navigation and of fishing is porfect. and 
 " has been in constant exercise from the earliest times, 
 I' aftei;^the Peace of 1788. throughout the whole extent of 
 " the Southern Ocean, subject only to the ordinary exccp- 
 I'tKms and exclusions of the territorial .jurisdictions, 
 '• whicli, so far as Russian cluims are concerned, are 
 " confined to certain islands north of the fiftv-fifth degree 
 " of latitude, and have no existence on the' continent of 
 " America." 
 
 The " Southern Ocean " admittedly was understood to 
 cover all the wiiters of the Pacific, 'since tlie soutlierly 
 course was taken by United States and English ships to 
 reach that Ocean. Exclusive jurisdiction of Russia waa 
 Mr. Adams, insisted, rontimd In isl'imlti north of the 55th 
 degree of latitude (in Behring Sea), and had no existence 
 on the continent of America. 
 
 Lord Salishury has dwelt upon Mr. Midilleton's declara- 
 tion on liehalf the United States that Russia had no right 
 of exchision on the coasts of America, between the 5(Jih 
 and tiOth degrees of north latitude, nor in the sens thut 
 washed these coa-sts. This latitude, his Lordship obser-ed. 
 strikes straight across Behring Sea, and that sea was tlierc- 
 fore not excluded. Mr. Blaine now replies : " The argu- 
 " ment of Lord Salisbury on this point is based upon a 
 "geographical impossibility." But to sustain this, it 
 becomes necessary ugain to supply language not used by 
 Mr. Middleton. A[r. Blaine insists that the reference was 
 to a (witivnous line of coasts upon the eontinent l>etween 
 two specified points and over waters washing " that 
 " coast." But Mr. Middleton spoke entirely of '• coasts " 
 and " seas ' between these points. He spoke, not of a 
 "continuous" coast, though it is submitted the coasts as 
 such of the North America continent is not in this sense 
 broken or interrupted by the headlands or peninsulas 
 projecting from it. 
 
 Again an attempt is made to narrow the Tueaning of 
 the word " coasts" by referring to the statement of Mr. 
 Middleton tliat upon these coasts below the Aleutian 
 Islands the United States has oxercifed navigation and 
 not in Behring Sea. 
 
 The full despatches of the time in question dispose of 
 this narrow restriction of the great (piestions disputed. 
 Mr. Middleton did not, liowever, allude, as Mr. Blaine 
 supposes, merely to the development of American com- 
 raarce on this coast, but expressly to the "navigation in 
 "the seas and commerce upon the coasts." The words 
 "navigation in the seas," are read concurrently with the 
 claim elsewhere specifically made by Mr. Adams touch- 
 ing any and every part of the Pacific Ocean. 
 
 The third article of the British Treaty is (| noted to 
 show a delimitation of the boundary between British 
 America and the Russian possessions. This is .said bv 
 Mr. Blaine to be from 54 degrees 40 minutes to the 
 northern terminus of the coast known as the " north-west 
 coast." This construction of the article is not admitted, 
 
12 
 
 since thn lino of li.miulnry (lopt'iiil.t on the Noiithornmost 
 point of I'rin.'e of Wnlon Isliiii.l uc ii point of dotinition, 
 or nionunu'nt, the Itititn.lo lu'in^' siMwidiury. I'lmKing 
 tlmt over, it is a rtutfi.'iciit to sny thi:* articl*" dealt with 
 no otlicT than a qncMtion of torritnrial ami conventioniil 
 boinulary on the continunt of Ani(>ri(a. Thirt wan, as is 
 well known, to fai'ilitat.' tlio ivticat of Kussia as to 
 nmritirne Jurisdiction. Mr. (}. Canninj? writes (Dec. 8, 
 1824) ; " \Vn nejifotiatc about territory to covor the 
 " renionstrnnco on principle." 
 
 ^ When Mr. Hlaine urj^ues that ln'cauMO by the Treaty 
 Great Britain obtained under Artiile 7 a "rij;ht for ten 
 years to freiiuent " all the inland sea-, irnlfs, havens, and 
 creeks," the strip of land conceded to llu-sia l)etweeii 
 British .Vnierica and the sea "for tln^ i)uri!i>se of fishinir 
 and trading with tlie natives," th.it therefore British 
 Subjects were not granted right of fre(iuenting the Behr- 
 ing 8ea, it apiiears oidy neees.siry to jHunt out that it hia 
 construction of these articles lie correct his conclusion 
 cannot jiossibly go turlher than to say that these pri- 
 vileges weri' not accorded to British sn1)jects in Hehring 
 Sea in such " inland seas, gulfs, havens and cretd<s," 
 which, under the law of nations, were exclusively enjoyed 
 by the nation owning them. It is not reipiired' therefore 
 to follow Mr. Blaine when he refers to the alleged in- 
 tricacies of Lord .Salisbury's language. It may, hov/ever, 
 be remarked that no intricacy will lie found if Mr. Blaine 
 reads the words " coast " and " north-west coast " w.th 
 the meaning they generally imply. 
 
 A special jioint is ))ut t'orwaVd upon the fact that 
 Articles 111 and IV of the Hussian American Convention 
 are represented by four articles ditferently expressed in 
 the Hritish-Kussiun Convention. Mr. Blaine argues that 
 Russia feared that in the Treaty with the United 
 States Behring Sea might be considereil as included, and 
 that when dealing with tireat IJritain caution was ob- 
 Bcrved (o prevent that Sea being thrown ojien to fisher- 
 men. Thissu|)position is based ui)on no records cited by 
 Mr. Blaine, nor known to the undersigned. In reply it 
 may be said that a comparison of the articles and a 
 rec(>llectiori that Russia and Britain nnidc an actual 
 territorial delimitation, which, in the case ot the United 
 States and Russia, a mere definition of vague " spheres 
 " of infiuence " was necessary. 
 
 That it was tiie intention of Britain to accept any terms 
 less liivourable than those obtained by the United States 
 by the Convention ot 1824 is negatived liy the action of 
 Mr. S. Cainiing with reference to' a propo.sed limit of two 
 marine leagues (juoted by Mr. Blaine. That it was not 
 the inicntion of Russia to exclude Behring Sea from the 
 action of the ('onvention of 1825 is ociually clear on 
 account ot' the omission of any definite claim to the 
 control of that sea, such as was contained in the 
 explanatory note filed with the United States in the 
 previous year. A diary of Mr. Adams is brought 
 forward, in which it is stated that the Russian (Jovern- 
 inent did not understand that the Convention " vvoulrl give 
 "liberty to the citizens of the United States to trade on 
 "the coiust of Siberia and the Aleutian Islamls. Tiiefithor 
 " (note) was to propose a modification oftbe Conventicui by 
 " whicli our ves.sels should be prohibited from trading oil 
 " the north-west coast north of latitude 57 do>ri-ees." 
 
 It will be seen in the first jjlace that this n^ference, and 
 the note of Baron Tuyl in accordance with it, quoted by 
 
 I 
 
18 
 
 Mr. RIiiiru«, rofiito flic jirotoimioim wliich lio nt tlio outset 
 ol'liin ui>ruii'i'nt .HC't lip. 
 
 After tlif.iinHiiiriiiiiitioii ui n Tronty wliicli it Iuih Itooii 
 coiitcMilcd i'\clti,l,.(| uiiv ivt'tMviifc. «'x']ir(H(t or inipliiMl to 
 wiitt'rsin ncliiiiiK Svii, oralmvc tlic tldtli dcjjivo ofnortli 
 Itttitiido oil tlic ImmIv of the .oiitiiuiit, Mi. HliiiiU' mil)- 
 lilit'K the I'vidiiicc : — 
 
 (1.) Tliat HiiHKia rciid the Treaty iw poMsildy uii|ilyiiig 
 to the eoiirtlH of Silieriii. 
 
 (•-'.) That iiiidor itn terms r'lijjht lie included llie ;•/-//<< 
 to Irwl,; limit and tisli, in (he Aleutian Irtlaiidi*, eoaHtti of 
 Silieria and KiisHian |Mmne»8ii>iirt in jfeneral on the north- 
 went eoaHt of America to r<lt de^reen :!0 miniite.s ; 
 
 (;l.) The Aleutaiii iHlamln are washed i>y the .S'm' nf 
 Kdiiirhiitldi, iir Niirthii-n Oinin. 
 
 (4.) It \va« not the intention ofKiisniato Ht>eure more 
 than the rijfht b.yond W lUys. .30 niiiiH. to exeliide 
 foivijrn venHeis from a|i|iroii<'hiiiif her enastrt and her 
 iBlandH, and from iishin>; within a distance of /»•■< nKirive 
 leiujui'n. (It will he remembered that Mr. Hiaiiie now 
 insists that th<' prohihition in the I'kaso was left intact 
 within the waters of Hehriiij? Sea). 
 
 Notwithstanding a polite canversation recorded in the 
 diary ()f Mr. Adama, the rnited States would not and did 
 not yield one ]i(iint desired hy JJaron Tuyl, and gave no 
 pl(!dge 1o ohstain from the enjoynicnt of airrights accorded 
 by the Treaty. The Treaty as it then stood was after- 
 wards ratified ami ))rociaiiiied. IJaroiiTuyrs action signi- 
 fies, if it means anything, that the Riisrtiaii-Ameriea Coni- 
 jiany understood that the (.'oiivention did iiiU'rulin o]ien 
 up Hehring 8cn. The attempt was doubtless at their sug- 
 gestion to repudiate this part of the Convention. It Is 
 seen that it failed. The as>urance given by Mr. Adama 
 was wholy illusory and not observed. Maneroft, whom 
 Mr. Bliiinc. has brought forward, supplies the information 
 (Alaska, pp. r)8:}-4). 
 
 That ill l.S4'J large numbers of Amoricaii whalers were 
 then entering liehring .Sea and landing on the Aleutian 
 Islands for the purpose of trying out blubber. HamToft 
 long before hiid reported of an early navigator that " at 
 '•I'very point eastward of Kodiak, where lie had endeav- 
 "oured to open u]» trade, he had found himself tbrstalled 
 "by Eiiglish or American ships." (Bancroft, p. 384). 
 
 Having supplied this answer to his main point, Mr. 
 IJlaine next attempts to explain away Baron Tuyl's refer- 
 ence to the words " beyond 5y degs. 30 nuns." as mean- 
 ing "down to 69 degs. 30 mins.," and ho asserts tliat 
 "Northern Ocean" were words used in contradistinction 
 to South Sea or Pacific Ocean. 
 
 Tao reference to the "two marine leagues" in the last 
 note is unfortunate, since Mr. Biiiine admits, notwith- 
 standing Baron Tuyl's Memorandum: "The protocols, 
 " however, show that Great Brit.ain was WMlling to agree 
 " to two marine leagues, but the United States was not ; 
 "aud after the concession was made to the United States 
 "Ml] S. Canning insisted upon its being made to Great 
 " Britain ivl.so." 
 
 Further references to despatches alluding to "territorial 
 "rights on the north-west coast of America, bordering 
 "on the Pacific Ocean," are made by Mr. Blaine, but 
 they carry him no farther in his argument as to the 
 waters covered by words "Pacific Ocean." The note of 
 Mr. Blaine then reverts to the argument that when the 
 strip of land on the north-west coast is referred to in the 
 
 ■e 
 
 ■'Jk^:t\ 
 
14 
 
 papcrts tliif i^ pinol' timt llic ilisciisHioiiH w«ro confined to 
 thnt jiinl i>r the I'liiilic OtMiiii, Ai. Tlicn; in nothing, 
 liowcvtT, inlditiiiiiul ill iliix rot'oroiiuti to whnt hait nlri'uily 
 Imcii iirifiKMi. 
 
 Mr. Illiiiiio ulliiiliw to Mr. S. ("luininKH letter of l»t 
 Mureli, wlii'lein he fiiiil : — 
 
 "With re«|ieet to Iteiiriiif^ Stinitu, I am Imppy to Inivo 
 "it in in_\ power to assure you, on tlio .if)int authority of 
 "tile lliHHiiin iileiiiiiotentiuries, tlmt tli<' Plinperor of 
 " HiiHwiii Ims no intention winiicver of iniiintnining any 
 "enelnsive eiaini to ilio niivipilion of tliowe Straitu, or of 
 " the HeitH to llie Ilortll of tlicin."' 
 
 Mr. I'lliiine treiits (liin an eviih'iu'o thnt Oroat Britain 
 Houjflit a favour in tliis renpecl, siine Iht vesnelK wore, uh 
 lie arj^niex, alioweci to navipite IJehrinj? Sea ontaido of 
 tlie (listnnie of |(J0 miles from iaiul. Tlu; (hwputctheii 
 ijUoteil liy tlh' iniilei>ii.'ni(l jrive no colour to this conten- 
 tion. As a liu'ht, (ireat lirilain iesistcd on navijfatini^ 
 this Strait ami the seiiH lievoiid them. The Convention 
 dealt with the raeitie, which every geo^raiiher doscrihes 
 as hi';;;imiin^' at Mchring Straits; no mention of tlio 
 Ntruitrt was made, hince it wiih detinitoly aMcertuincd that 
 Hussid had no intention of maintaining any uxclusivo 
 claim to their navipitiou. 
 
 Mr. niainc's estimate ofthe astuleneHs of tlio Cannings 
 is doiihtfiil, when he says that after the <lespatehes, the 
 aifrunu'iits and the insiinciions so t'ully reviewed in these 
 palters, (ireat Uriliiiu tolerated tlu> exisfenci^ of a I'kase 
 prctendiiie' that i'lissia <Miiild e.velnde her ships fr.un all 
 the waters within 100 mile.soi' IJnssi n territory in Mehring 
 Sea, ii.cliidinu the Straits of Mehring as well. If the 
 I'kase v\as valid and ouststandiiijr in this respect it aji- 
 plied to Heliriiiii: Straits aiul closed the entrance from the 
 Pacific f icean lo the seas heyond it ; yet the Cannings did 
 not secui'c the iiiialitication I 
 
 When met hy Wharton ami Kent upon the general 
 ([iiestiou of a nation's Jurisdiction o\er the Hea, Mr. Ulaino 
 answers that in time past (ireat Britain has not unifornilv 
 recogni/.ed the |irinciple laid down ■' hy the.se most omi- 
 lunt |uhli<isls " ot'the United States, His illustration is, 
 howe\'er, not a fortunate une. He cites the ease of 
 Najioleon and St. IFelciia, as a case where (ireat Itritain 
 assiiincd ulisuliite contrtd over a cmiaiderahle .section of the 
 Atlantit' Ocean. 
 
 .\n examination of iiistory showri that this action 
 on the part of ( Ireat Uritain can in no way he construed 
 as similar or applicahle to the Behring Sea ease. 
 
 Hy ('onvt'iitioii hetween all of the tlreal Powers of the 
 day, tireat JJiitain, Austria, I'lussia and Russia, signed 
 at Paris on the iiid August, 1H15, the custody of Napo- 
 leon was specially given to (ireat Britain. The choice of 
 place and the tm^ans of detentiitn were reserved to Ilia 
 Britannic Majesty. 
 
 It was enacted hy Parliament as necessary for the tran- 
 ([uility of Europe that Napoleon niionaparto be detained 
 British, stuu^ rapuifi. and lv(!pt in safe custody, and that he he deidt with as a 
 viil. :t, p. .ttn. prisoner of war, and provisions were made for the punish- 
 
 ment of any iierson aiiling his escape. 
 
 A statement of these facts signally illustrates the high- 
 handed and unprecedented acti(Mi of the United States in 
 asserting an exclusive control over an ocean without the 
 concurrence or approval of an eminent publicist livitig or 
 dead, within its own borders, and in the absence of the 
 uauution of any nation in the world. 
 
 l>riliiihStntiI'a|MM- 
 
 Ml!. ;), |i. 'Ml 
 
 5(1 (!(io, 
 chitp. \: 
 
 III, 
 
American State 
 I'liMiMK, Kiiieigii 
 Keutiun.i, \i)\. 4, 
 11. IS. 
 
 LettfM'ft iiiul (Ics- 
 piituhus of Ciistlu- 
 rKuj,'li, vol. xi, |>. 9. 
 
 15 
 
 Even under tlin oxtmordinarv and siufyular circum- 
 staiicu.-; di'tailod, the action ofGivat IJritain intliocaao of 
 bt Holeiia was n'seiitod In- tlio United States awording 
 
 British .Htutel'apora, I" '"'i '^!'""^'-.^ The rmMitntont Was ai.i.arenfly not pro- 
 
 voi. ;!,,,. 711(1. l<'ni'.>d. snico it appears tliat (in tlie Silth Ausriist, 1815, 
 
 Lord Batliurst gave notice from the Fotvi<rn Oftice to all 
 
 Inciidly Powers tltat in eonjunetion witli tlie Allied 
 
 Soverei.irns, 8t. ITeleiia had heen selected tortile retention 
 
 U.iti«hS.,....r,,,..,s. i;! JiP"'';'" ;'";' *t^ vessels^wereexclcdod tron, approaeh- 
 
 vol. 3, pp. TSaihlS'.'. "'g '','"'"' "'"f 1 resident Mudison aeceiited and si^niod 
 
 the IreatyofCoininerce. to wiiich Mr. Blaino refers, with 
 
 the United States tlmtshi])s would be excluded from com- 
 
 nuinication with or ajiproach to the Island. 
 
 It docs appear, it is tnio, that Mr. Adams on another 
 occasion did oiler a lorniid protest ayainst the exclusion 
 ,, ... , „, . „ ft Ami^rican vessels from St. Helena. 
 
 Hriti«li.S(iitoI"iipers, i}„i ■ i ,i n, 
 
 vol. :i, p. 8-.>. ., ""t iiuismucli as the 1 reatv was accepted by the United 
 
 States, with this very clear oftieial iiotiiication of exclu- 
 sion specially nientioned in the Presidenfs Message, it is 
 obvious that the Uiiit.>d States' (;loveniment did not take 
 the same line as their Envoy. Yet in a case such as 
 detailed, Af r. Blaine asks : " Is this Government to uiider- 
 " stand that Lord Salisbury maititaiiis the ri^'ht of 
 " Pjigland, at her will uiid pleasure, to obstruct the bisrli- 
 " way of commerce in mid-ocean, i.nd that she will at tlie 
 " same time interpose objection.- to the I'lutt'd States 
 "exercising her jurisdiction beyond the three-mile limit, 
 " in a remote and unified sea, for the sole purpose of jire- 
 " serving the mo.st valuable fur-seal ti.ahery in the world 
 '• from remediless destruction ? " 
 
 Mr. IJIailie [irofesses to see only one answer to the 
 alleged precedent he has given, viz. that it i.^ remote ! 
 lie then repeats another alleged precedent which he cited 
 ill a previous note, the pearl tisheries of Ceylon. Mr. 
 Blaine has tilready been informed that Great Britain has 
 never jiixneuded to control the actions ov conduct of 
 foreign citizens whtui engaged in any part of the jicarl 
 li lierics out.side of the three-mile limit. 
 
 It never occurred to urge these eases as precedents hi 
 18.'4-2.'). The facts relating to Napoleon and St. Ilelona 
 and to the jiearl tisheries were then well known. It is 
 jiossible thiU:. being well known, they were not deemed 
 pertinent to the claim of jurisdietiou either over an ocean 
 or to secure the monopoly of the [iiirsuit of .seals when in 
 coa.;<tal waters within 100 miles from shore. 
 
 Filially, Mr. Blaine declares that the United States assert 
 that they make no pretension that the Beliring Sea is a 
 ni'ire elausum. 
 
 Kent and other wr.ters on the law of Xations will 
 be searched in vain for tiny other theory upon which 
 to base the claim set up in the Ukase 'of Alexiinder, 
 whiidi Mr. Blaine a.-serts to be in full force, so far as 
 regards the luirsuit of seals within one hundred miles of 
 tlu> islands and coasts in Behring Sea. 
 
APPENDIX. 
 
 HHrpcr's ' 
 
 t'nivL'l- 
 
 Bill ( 
 
 ; ii z t' 
 
 1 1.' 
 
 • r. 
 
 Aiiic 
 
 u'lin 
 
 H 
 
 Mk 
 
 Al«" 
 
 .J III) 
 
 ll»l 
 
 111 
 
 •'Dii: 
 
 lnll.iI> 
 
 l.f 
 
 IfCI 
 
 will k 
 
 !>•" 
 
 Ei.{;lisl 
 
 Julius 
 
 tun M 
 
 ••( 
 
 file 
 
 rald.tzi-ttt'i' 
 
 ■.■• 
 
 ■■"■A 
 
 lish » 
 
 Oik. 
 
 
 
 (aliiii 
 
 yi-Ion. 
 
 .liii 
 mil 
 
 lili 
 
 K.li 
 
 tloli. 
 
 Ni.« 
 
 > 
 
 Ilk 
 
 |S7s. 
 
 V.,1 
 
 111 
 
 ■ I' 
 
 .'H l!l. 
 
 
 
 
 boundarip:s of north rAciFic ocean. 
 
 .M'Ciilliiilis "fico "Stn'tclies iKirtluvunl through 132 degrees of latitude 
 »ly!''''v!li.\Vu':'i'i'K '" "*^li;'","; straits, wliioh Beparato it from the Arctic 
 
 lish wiirk. ' ' OfeUll." 
 
 iiliu kii'.s " iiniiciiiii '• JJoreal or Xnrth extending from Hehring Strait or the 
 .;„/,ii,...,." v"l. n, Aretic t'irclo to the Tiviiic ot'Caneer." * * * '-In 
 
 hllKMsh witi-k. ^1 V xi 1 I. •.< It! • .11 1 
 
 the 2>(ortli the I'aeilie gnuhially contracts m widtli ; tlie 
 Continent.-; of America ami .Asia stretching out ami 
 apiiroximating, so as to leave the coni[iaratively narrow 
 ehaiiiiel of lielrring Strait as tlie only eonimnnicatioii 
 between tlie Tacitie ami .Vrtic Oceans. IJetwoen the Strait 
 on the nortli. tiie Aleutian Islands on the south, and the 
 reniarkalile [icniiu^ulas of Alaska on tlie east and Kani- 
 ehulka on the west, one of the largest and best defined 
 branciie.s of tlie i'aciilc is the Sea of Behring."' 
 
 '■ Kxteiids fri ini the Artie to the Antarctic Circle, through 
 1-27 degress of latitude." * * * "It narrows 
 espeeiaHy towards tiie north where it cornmuuieates with 
 the Artie Ocean liy Behiing Strait." 
 
 " Kxtends from the Arctic to the Antarctic Circle, 
 througli IJtidcgrcesof latitude." * * * " It narrows 
 especially towards llie north where it c(UTiniunicatc8 with 
 the Arctic Ocimii by Bchriug Strait." 
 
 ••I'rhring Islan(l, the most westerly of the Aleutian 
 griiii[i in tlie N'ortli I'acilie, in o.J degrees 22 minutes 
 north latitude, Itiii degrees east longitude. It i.s rocky 
 and desolate, and is only remarkable as being the place 
 where the navigator, Behring, was wrecked and died in 
 1741. Population •.',.")00." 
 •' Kniy,i,,!,o,ii« IIH- "IV'hring Strait, the narrow sea between the north- 
 
 taiiiiK'it. Ninth Kilt . ., ' i' t • i .1 .1 . .-. -%t .1 
 
 tioii, Niw Y.M-k, ''•'**' r'"'t "f Asia and tlie north-we.st part ot North 
 isTH, Vnl. Ill, p. America, connecting the North Pacific witli tlie Arctic 
 •••'"• Ocean." 
 
 Til.' "Kii«lisii Kiiiv " I5ehring Strait which connects the Pacific with the 
 .•inp..ii.i.- ■ Arctic * * * ." 
 
 " Uehrinir Island is [situated in the Iv'orth Pacific 
 * * * ".•• 
 
 '■ Kamchatka, a peninsula projecting from the north- 
 
 i'-;..:*—'! iiart of Avia into the Pacific; Ocean," i. c, into 
 
 Beliriiig Sea. 
 
 •• KiK-y.-lopi'ilia iSri- " Kxteiit. — The Paeilie Ocean, formerly called the South 
 
 taiiiii«i.-\iiitl,K.li Sea, and .simietimes still so named by' the French and 
 
 tin 11, Killtiliurkril. /. .1 \r 1 .-. 1 .-. > * , 
 
 IXH.1. \i,l. XVllI. *"*^'i"i'i'>*< (la Aler du hud; Sudsee, Australocean) with 
 p- li'>- wliom, howexcr. La .Mer (fOcean) Paeitiipu", and (irosser 
 
 (Jcean, or Stilles Meer, are the more usual designations, 
 is bounded on the nortli by Behring Strait and tiie coasts 
 of Russia and Alaska ; on tlie east by the west coasts of 
 North and South America: on the soiitli tlie imaginary 
 line of the Antarctic Circle divides it from the Antarctic 
 Ocean, while its westerly boundary is the east coast of 
 Australia, tiie Malay .Vrchipelago sc]iarating it from the 
 Indian Ocean iind the eastern coasts of the Chinese 
 Kmpire. Some modern geographers jilace the sontliern 
 limit of the Atlantic, Pacific and Indian <Veaiis at the 
 40th jiarallel, and name the body of water which siiroiinds 
 flic earlh between that latitude and the Antarctic Circle 
 the Southern Oceau. 
 
 m 
 
7 6. O Cp ii- 
 
 17 
 
 " Although (lift'eririp from tlie Atlantic in its general 
 form, being more nearly laiul-locked to the north, the 
 Paoitic Oecim reaoniblos it, in Imug open to the south, 
 forming, in fact, a great i)r()jectir(n northwards of that 
 vast Southern Ocean of whieli the Atlantic is another 
 arm. 
 
 " The Pacific is the largest expanse of water in the 
 world, covering more than a quarter of its suporiiciea, 
 and comjjrising fully one-half of its water surface. 
 
 " It extends through Vi2 degrees of latitude — in other 
 words, it measures !l,000 miles from north to south. 
 From east to west its breadth varies from ai)out 40 miles 
 at Behring Strait, where Asia and America come within 
 sight of each other, to 8,500 miles from (lalifornia and 
 China, on the Tropic of Cancer, and to more than 10,000 
 miles on the P^quator, between Quito and the Moluccas, 
 where the ocean is the widest. The area has been 
 variously estimated at from 50,000,000 to 100,000,00 i 
 square miles ; but defining its boundaries as above, Keith 
 Johnston, from careful measuremeiit, estimated it, with 
 probably a near approach to the truth, at 07,810,000 
 square miles." 
 
 Behring Sea. 
 
 Johnston's "Die- " That part of North Pacific Ocean between Aleutian 
 tiu.uiry of (i«.;;r,v Islands and Behring Strait." 
 
 •■ inLporiiii (iuziit- " Is that portion of the Xorth Pacific Ocean lying 
 tfir. Vol I. Hai-. between the Aleutian Islands and Behring Strait." 
 
 pur s Universal o 
 
 <ia/A)ttocr" iinil .Mur- 
 ray's " (iHzettejr of 
 the Worlil." Scotch T^ /- ■ ,• .-. 
 
 work, (lives same Definition of '■^ Ocean. 
 
 ilescription. 
 
 ■Wciistcr'sliiicrna- "The whole bodv of salt water which covers more 
 tional Dictionary." ^^^^^^ three-fifths of the surface of the Globe— called also 
 the sea, or great sea. 
 
 " One of the large bodies of water into which the 
 great ocean is regarded as divided, as the Atlantic, 
 I'acific, &c.. Oceans. 
 
 " An immense expanse ; any va.st space or quantity 
 without apparent limits ; as the boundless ocean of eter- 
 nity ; an ocean of attairs. 
 
 '' Of or pertaining to the main or groat sea ; as the 
 ocean waves ; an ocean steamer." 
 " Worcester's Die- "The vast body of salt water which surrounds the 
 tionury." Continents and is the receptacle of their running waters; 
 
 the main ; the great sea ; an immense expanse ; those 
 boundless oceans of eternity and immensity. Relating 
 to the ocean." 
 " Richnnlson's Die. " The main sea ; anything wide, extended, or immense, 
 tionary. " Vol. It. ^8 the main sea."