Because Russia had not taken action by force to protect her claim to the 100 mile wide territorial sea, this issue was not mentioned in either Treaty. By the terms of the Treaty, however, the sea claim was disavowed. Both Treaties permitted citizens of the United States and Great Britain to enter and navigate the oceans and the seas of Russian-America.

In the treaty between the United States and Russia, the significant article, with respect to Alaska's present effort to define her sea boundary, is Article 4. What was meant by "interior seas", "gulfs", and "bays", as found in Article 4 of the Treaty? Article 4 states:

"It is nevertheless understood that during a term of ten years, counting
from the signature of the present Convention the ships of both powers,
or which belong to their citizens or subjects respectively, may reciprocally
frequent without any hindrance whatever, the interior seas, gulphs,
harbours, and creeks upon the coast mentioned in the preceding article,
for the purpose of fishing and trading with the natives of the country."

By this article (and the same wording is found in Article 7 of the Treaty between Russia and Great Britain), Russia agreed to permit free navigation to citizens of the United States and Great Britain within these bodies of water for a period of 10 years from the date each Convention was signed. This leaves no doubt that the interior seas and gulfs were claimed by Russia and this ownership was conceded to by the United States and Great Britain. Now, the question arises: What and where were the "interior seas", "gulfs", "harbors", and "creeks"? Such water bodies would have been owned by Russia and would have been acquired by the United States by the Treaty of Cession of 1867, and later acquired by the State of Alaska by the terms of the Submerged Lands Act of 1953 and the Statehood Act of 1958.

Although place names were not mentioned in the Treaties of 1824 and 1825, the terms "interior seas", "gulfs", "harbors", and "creeks", were used. Today these terms have little or no specific meaning. For example there is but one gulf in Alaska and

names.

that is the Gulf of Alaska. However, in 1824 and 1825 the waters of Alaska bore different Instead of one gulf there were at least three. These are shown on the official Russian map of 1802. The map, entitled (in Russian) Map of the North-West Coast of America, and the Aleutian and Kuril Islands was published by the Russian Quarter-Master-General Department, St. Petersburgh, in May 1802.(14) This was the map used by the negotiating parties during the Treaty negotiations. Figures 1 and 2 show portions of this map.

On the map of 1802 the following water areas were described by different names and they were:

Kenaiskala, or Kenai Gulf (Cook Inlet)

Chugach, or Chugatsch Gulf (Prince William Sound)

Kwitschak Gulf (Bristol Bay)

Kenaiskala, or Allaskinskoi Sea (Shelikof Strait)

Waters that are now known as bays were then described by the Russians as harbors. For example, Yakutat Bay was known by the Russians as Yacootat, or Bering Harbor. (Also see Bancroft's History of Alaska.)

Davidson points out (15) that the word "creek" used in Article 4, meant "creek" as that term was used by Europeans, and implied a body of water navigable by trading and naval vessels. When these names are placed in the proper setting as they were used and understood in 1824 and 1825, we find that "interior seas", "gulfs", "harbors", and "creeks" applied to known bodies of water.

Prior to the ratification of the Treaty of 1824, it was the feeling of Russian-American Company officials that Article 4 was too broad. They argued that it was not the intent of Russia to allow free ingress and and egress by the American and English to Russia's possessions, other than to the area in dispute; namely, Southeast Alaska. This matter was referred by the Emperor to a committee headed by Count Nesselrode and that committee on July 21, 1824, made a report which was subsequently approved by the Emperor. Article 7 of that report sets forth:(16)

"That as the sovereignty of Russia over the coasts of Siberia and the
Aleutian Islands has long been admitted by all the powers, it follows
that the said coast and islands cannot be alluded to in the articles of
the said Treaty (Treaty of 1824), which refers only to the disputed
territory on the northwest coast of America and to the adjacent islands;
that, even supposing the contrary, Russia has established permanent
settlements, not only on the coast of Siberia but also on the Aleutian
group of islands; hence, American subjects could not, by virtue of the
2nd Article of the Treaty of April 5-17 (Treaty of 1824) land at the
maritime places there, nor carry on sealing and fishing without the
permission of our commandants or governors."

On December 6, 1824, General Baron Tuyll, the Russian Minister to Washington, met with Secretary of State Adams. At that time the Treaty of 1824 had not been approved by the United States Senate. Baron Tuyll stated that he was instructed to submit to Adams an official note stating that it was not the understanding of the Russian government that the Convention would give liberty to the citizens of the United States to trade on the coasts of Siberia and the Aleutian Islands; and, further, that the Russian government was requesting an amendment to the Treaty to this effect. Adams, however, felt that any attempt at such a late date to amend the Treaty could cause its defeat in the Senate. The matter was finally settled by the official filing of an explanatory note with the United States government which sets forth Russia's intent. Following is the explanatory note which was filed by General Tuyll with The Department of State on December 6, 1824:(17)

"Explanatory note to be presented to the Government of the United
States at the time of the exchange of ratifications, with a view to
removing with more uncertainty all occasion for further discussions, by
means of which it will be seen that the Aleutian Islands, the coast of
Siberia, and the Russian possessions in general on the northwest coast
of America to 59°30' of North latitude are positively excepted from the
liberty of hunting, fishing, and commerce stipulated in favor of citizens
of the United States for ten years.

"This seems to be only a natural consequence of the stipulations agreed
upon, for the coasts of Siberia are washed by the Sea of Okhotsk, the
Sea of Kamschatka (Bering Sea) and Icy Sea (the Arctic Sea), and not
by the South Sea (Pacific Ocean) mentioned in the first article of the
Convention of April 5,(18) 1824. The Aleutian Islands are also washed
by the Sea of Kamschatka or Northern Ocean.

"It is not the intention of Russia to impede the free navigation of the
Pacific Ocean. She would be satisfied with causing to be recognized,
as well as understood and placed beyond all manner of doubt, the
principle that beyond 50°30' no foreign vessel can approach her coasts
and her islands, nor fish nor hunt within the distance of two marine
leagues. This will not prevent the reception of foreign vessels which
have been damaged or beaten by storms."

The explanatory note did not have any effect on the text of the Treaty which was ratified by the United States Senate. It did, however, place in the hands of the United States Government an unofficial note which significantly defined what Russia's construction of the Treaty would be in case a difference should arise. The note clearly establishes that Russia considered only those waterways south of Yakutat Bay as subject to the free navigation clause of the Treaty. In other words Russia contended that all the waterways of the Alexander Archipelago were under her jurisdiction and the United States and Great Britain conceded to this contention. Russia also considered all interior seas and gulfs

north and west of Yakutat under her jurisdiction; this included Prince William Sound, Cook Inlet, Shelikof Strait, and other bodies of water in central and western Alaska.

In 1824 Governor Etolin of the Russian-American Company informed the Russian Foreign Office that Americans were whaling in Russia's waters off North America. The Foreign Office replied to Governor Etolin that America had the right to fish and take whales in all parts of the open seas of the Pacific Ocean. The Foreign Office further stated, "But under Article 4 of the same Convention (the Treaty of 1824), the ten years' period mentioned in that Article having expired, we have power to forbid American vessels to visit inland seas, gulfs, harbors, and bays..."(18)

In 1853 Colonial Governor Tikhmenieff complained to the Russian government that foreign whalers were entering Russian waters and requested cruisers to prohibit the action. Instructions to cruisers were approved December 9, 1853. "The crusiers were to see that no whalers entered the bays or gulfs..."(19). This action could leave no doubt but that Russia considered the gulfs, bays, and inland seas about Alaska as owned by her.

In the Treaty of 1867 Russia ceded to the United States all rights and interest she held in North America. Therefore whatever rights and ownership Russia held in the "interior seas", "gulfs", "harbors", and "creeks" passed to the United States.

In 1886 the United States assumed jurisdiction of sealing in the Bering Sea and used as its authority the Treaty of 1867. By that Treaty the United States assumed that the waters of the Bering Sea cast of the Russian-American treaty line were under the jurisdiction of the United States. This claim of jurisdiction by the United States was protested by Great Britain and the Bering Sea Tribunal of Arbitration in 1893 decided that the jurisdiction of the United States in the Bering Sea was restricted to one marine league. The United States agreed to adhere to the decision of the Tribunal and thereafter restricted its jurisdiction to the three mile limit. The Tribunal, however, made no ruling on the status of the interior seas, gulfs, harbors, and creeks. We must assume, therefore, that the Tribunal intended, and properly so, that the three mile limit in such cases began not from the low water mark, but from some closing line.

Justice Harlan of the Supreme Court of the United States arguing on behalf of the United States before the Tribunal made the following statement:(20)

"In this contention the Government of the United States has no occasion
and no desire to withdraw or modify the positions which it has at any
time maintained against the claims of the Imperial Government of Russia.
The United States will not withhold from any nation the privileges which
it demanded for itself when Alaska was part of the Russian Empire. Nor
is the Government of the United States disposed to exercise in those
possessions any less power or authority than it was willing to concede
to the Imperial Government of Russia when its sovereignty extended over
them. The President is persuaded that all friendly nations will concede
to the United States the same rights and privileges on the lands and
in the waters of Alaska which the same friendly nations have always
conceded to the Empire of Russia."

A review of the negotiations following the Ukase of 1821 and leading up to the treaties of 1824 and 1825 clearly shows that the main issue of contention was Russia's