(c) Another question which has given rise to much discussion is that of the seal-fishing in Bering Sea.[147]
In 1821 Russia claimed that the Pacific north of latitude 51° was mare clausum. The United States and Great Britain denied this claim. By conventions, 1824 and 1825, Russia conceded to these nations rights of navigation, fishing, etc. After the United States in 1867 acquired Russian America, seal-fishing assumed importance. As the Canadian fishermen were not restrained by the laws binding the United States fishermen, it was feared that the seal would become extinct. In 1886 three Canadian schooners were by decree of the district court of Sitka confiscated for the violation of the laws of the United States in regard to seal-fishing, the judge charging the jury that the territorial waters of Alaska embraced the area bounded by the limits named in the treaty of cession to the United States of 1867 as those "within which the territories and dominion conveyed are contained."[148] This act with others of similar character led to a formal protest by Great Britain.
The questions in dispute were referred to a court of arbitration which decided against the claims of the United States, denying that the sea referred to as the Bering Sea was mare clausum, and denying that the United States acquired jurisdiction by prescriptive right from Russia in 1867. It was also decided that the United States had no right of property in the seals in the open sea, and that the destruction of these animals was contrary to the laws of nature. The United States and Great Britain, however, entered into an agreement in regard to the protection and taking of the seals by their subjects. Other nations were also to be asked to become parties to the agreement.[149]
It may be regarded as finally established that fishing in the open sea is free to all, though of course states may by conventions establish regulations which shall be binding upon their subjects.
[§ 55. Vessels]
At the present time every vessel must be under the jurisdiction of some state.
(a) Classes.—Vessels are divided into two general classes.
(1) Public vessels, which include ships of war, government vessels engaged in public service, and vessels employed in the service of the state and in command of government officers.
(2) Private vessels, owned by individuals and under regulations varying in different states.
(b) The nationality of a public vessel is determined by its flag. In an extreme case the word of the commander is held to be sufficient proof.