same being contained within the geographical limits herein set forth, to wit: The eastern limit is the line of demarcation between the Russian and the British possessions in North America, as established by the convention between Russia and Great Britain, of February 28/16, 1825. . . .

The western limit within which the territories and dominion conveyed are contained passes through a point in Behring's Straits on the parallel of sixty-five degrees thirty minutes north latitude, at its intersection by the meridian which passes midway between the islands of Krusenstern or Ignalook, and the island of Ratmanoff, or Noonarbook, and proceeds due north,, without limitation, into the same Frozen Ocean. The same western limit, beginning at the same initial point, proceeds thence in a course nearly southwest, through Behring's Straits and Behring's Sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Choukotski, to the meridian of one hundred and seventy-two west longitude; thence from the intersection of that meridian in a southwesterly direction, so as to pass midway between the island of Attou and the Copper Island of the Kormandorski couplet or group,' in the North Pacific Ocean, to the meridian of one hundred and ninetythree degrees west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian.

ARTICLE VI. The cession of territory and dominion herein made is hereby declared to be free and unincumbered by any reservations, privileges, franchises, grants, or possessions, by any associated companies, whether corporate or incorporate, Russian or any other, or by any parties except merely private individual property-holders; and the cession hereby made conveys all the rights, franchises, and privileges now belonging to Russia in the said territory or dominion, and appurtenances thereto.-Treaties and Conventions of the United States, ed. of 1889, pp. 939–941.

1870, July 1. ACT OF CONGRESS ON SEAL FISHING.

That it shall be unlawful to kill any fur-seal upon the islands of St. Paul and St. George, or in the waters adjacent thereto,

except during the months of June, July, September, and October in each year; and it shall be unlawful to kill such seals at any time by the use of fire-arms, or use of other means tending to drive the seals away from the said islands: Provided, That the natives of said islands shall have the privilege of killing such young seals as may be necessary for their own food and clothing during other months. . . . The Secretary of the Treasury shall lease, for the rental mentioned in Section six of this act, to proper and responsible parties, to the best advantage of the United States, having due regard to the interests of the Government, the native inhabitants, the parties heretofore engaged in trade, and the protection to the seal fisheries, for a term of twenty years from the first day of May, eighteen hundred and seventy, the right to engage in the business of taking fur-seals on the islands of St. Paul and St. George.—United States Statutes at Large, XVI. 180, 181.

1872, Apr. 19. SECRETARY BOUTWELL TO COLLECTOR

PHELPS.

Your letter of the 25th ultimo was duly received, calling the attention of the Department to certain rumors circulating in San Francisco, to the effect that expeditions are to start from Australia and the Hawaiian Islands, to take fur-seals on their annual migration to the islands of St. Paul and St. George through the narrow pass of Oonimak. You recommend, to cut off the possibility of evil resulting to the interests of the United States from these expeditions, that a revenue cutter be sent to the region of Oonimak Pass, by the 15th of May next. . . . I do not see that the United States would have the jurisdiction or power to drive off parties going up there for that purpose, unless they made such attempt within a marine league of the shore.-Senate Executive Documents, 50 Cong., 2 Sess., No. 106, pp. 139, 140.

...

1875, Jan. 22. SECRETARY FISH TO BRITISH MINISTER

THORNTON.

We have always understood and asserted that, pursuant to public law, no nation can rightfully claim jurisdiction at sea

beyond a marine league from its coast.-Wharton, Digest of the International Law of the U. S., § 32, p. 105.

1875, Dec. 1.

SECRETARY FISH TO MR. BOKER.

There was reason to hope that the practice which formerly prevailed with powerful nations regarding seas and bays usually of large extent near their coast as closed to any foreign commerce or fishery not specially licensed by them, was, without exception, a pretension of the past, and that no nation would claim exemption from the general rule of public law which limits its maritime jurisdiction to a marine league from its coast. We should particularly regret if Russia should insist on any such pretension.-Wharton, Digest of the International Law of the U. S., I. § 32, p. 106.

1881, Mar. 12. ACTING SECRETARY FRENCH TO MR.

D'ANCONA.

You inquire into the interpretation of the terms "waters thereof" and "waters adjacent thereto," as used in the law, and how far the jurisdiction of the United States is to be understood as extending.

Presuming your inquiry to relate more especially to the waters of western Alaska, you are informed that the treaty with Russia of March 30, 1870, by which the Territory of Alaska was ceded to the United States, defines the boundary of the Territory so ceded. This treaty is found on pages 671 to 673 of the volume of treaties of the Revised Statutes. It will be seen therefrom that the limit of the cession extends from a line starting from the Arctic Ocean and running through Behring Strait to the north of St. Lawrence Islands. The line runs thence in a southwesterly direction, so as to pass midway between the island of Attou and Copper Island of the Kromanboski couplet or group in the North Pacific Ocean, to meridian of 193 of west longitude. All the waters within that boundary to the western end of the Aleutian Archipelago and chain of islands are considered as comprised within the waters of Alaska Territory.-Senate Executive Documents, 50 Cong., 2 Sess., No. 106, p. 281.

1886, May 28. SECRETARY BAYARD TO SECRETARY

MANNING.

We may, therefore, regard it as settled, that so far as concerns the eastern coast of North America, the position of this Department has uniformly been that the sovereignty of the shore does not, so far as territorial authority is concerned, extend beyond three miles from low-water mark, and that the seaward boundary of this zone of territorial waters follows the coast of the mainland, extending where there are islands so as to place round such islands the same belt. This necessarily excludes the position that the seaward boundary is to be drawn from headland to headland, and makes it follow closely, at a distance of three miles, the boundary of the shore of the continent or of adjacent islands belonging to the continental sovereign.—Wharton, Digest of the International Law of the U. S., § 32, pp. 107, 108.

1886, Oct. 4. JUDGE DAWSON'S CHARGE IN THE

CASE.

"ONWARD"

All the waters within the boundary set forth in this treaty to the western end of the Aleutian archipelago and the chain of islands are to be considered as comprised within the waters of Alaska, and all the penalties prescribed by law against the killing of fur-bearing animals must therefore attach against any violation of law within the limits heretofore described.

If, therefore, the jury believe from the evidence that the defendants by themselves or in conjunction with others did, on or about the time charged in the information, kill any otter, mink, marten, sable, or fur-seal, or other fur-bearing animal or animals, on the shores of Alaska or in the Behring Sea, east of the 193d degree of west longitude, the jury should find the defendants guilty.-Stanton, The Behring Sea Controversy, 7.

1886, Oct. 21. MINISTER WEST TO SECRETARY BAYARD.

I have the honor to inform you that I am now instructed by the Earl of Iddesleigh, Her Majesty's principal secretary of state for foreign affairs, to protest in the name of Her Majesty's Government against such seizure, and to reserve all rights to compensation.-Foreign Relations, 1888, p. 1746.

1887, Jan. 26. ATTORNEY-GENERAL GARLAND TO JUDGE DAWSON.

I am directed by the President to instruct you to discontinue any further proceedings in the matter of the seizure of the British vessels Carolena, Onward, and Thornton, and discharge all vessels now held under such seizure and release all persons that may be under arrest in connection therewith.— Foreign Relations, 1888, p. 1801.

1887, Sept. 15.

CANADIAN MINISTER FOSTER'S REPORT.

It is respectfully submitted that this condition of affairs is in the highest degree detrimental to the interests of Canada, and should not be permitted to continue. For nearly two years Canadian vessels have been exposed to arbitrary seizure and confiscation in the pursuit of a lawful occupation upon the high seas, and Canadian citizens subjected to imprisonment and serious financial loss, while an important and remunerative Canadian industry has been threatened with absolute ruin. This course of action has been pursued by United States officers in opposition to the contention in the past of their Government in regard to the waters in which these seizures have taken place, in violation of the plainest dictates of international law and in the face of vigorous protests of both the Canadian and British Governments.-Foreign Relations, 1888, p. 1800.

1889, Mar. 2.

ACT OF CONGRESS ON TERRITORIAL
JURISDICTION.

SECTION 3. That section nineteen hundred and fifty-six of the Revised Statutes of the United States is hereby declared to include and apply to all the dominion of the United States in the waters of Behring Sea; and it shall be the duty of the President, at a timely season in each year, to issue his proclamation and cause the same to be published for one month in at least one newspaper, if any such there be published, at each United States port of entry on the Pacific coast, warning all persons against entering said waters for the purpose of violating the provisions of said section; and he shall also cause one or more vessels of the United States to diligently cruise