AtPENDiX to CASE OF GREAT BRITAIN. 267 



r«^solved once more to ask the Company to furnisli liim with more defi- 

 nite instructions in regard to tlie whalers, i. e., to define the rights of 

 tlie Governor of the Coh)ny witli reference to those captains wlio, in 

 spite of the prohibition, should enter the bays, harbours, and gulfs of 

 the Russian possessions, or land on the islands. While awaiting- a 

 decision in the matter, lie resolv^ed to arm one of the ships of the 

 colonial fiotilla to act as a cruizer in the waters most infested by the 

 foreign vessels. The cruizer was ordered to avoid most carefully any- 

 thing which might give rise to a confiict, and to confine herself strictly 

 to observing the whalers. She was on no account to resort to force 

 unless it became necessary to resist an attack. Apart from this meas- 

 ure, M. Etolin suggested the ex})ediency of obtaining the permission of 

 the Government for the colonial cruizer to fly the flag of the Dnperial 

 Navy, as that flag would, in certain eventualities, inspire more respect, 

 Finally, he considered that the claim of foreigners to take whales in 

 liussian waters ought certainly to be limited by a line drawn at a dis- 

 tance of at least 3 leagues, or 9 Italian miles, from the shores of the 

 Colony. As an example of the justice of fixing such a limit, and of the 

 advantages to be obtained therefrom, he adduced New Holland and 

 other British possessions, where no wlialer would dare to take whales 

 within the 3-league limit. 



Unfortunately, these efforts to defend the rights of the Company 

 Avere not attended with more success than those previously jinide. 

 Although the Foreign Office, at the request of the Company, informed 

 the Government of the United States of the establishment of cruizers 

 in the Eussiau Colonies for the imr]>ose of insuring the observation of 

 the Convention of 1824 by foreign ships, no decision was arrived at in 

 regard to the fixing of a limit for whaling, or with reference to the 

 proposal that the Company's cruizer should fly the flag of the Im])erial 

 Navy. On the other hand, the Government took occasion to impress 

 upon the Comi)any the importance of great caution being observed by 

 the colonial cruizers in all that concerned foreign ships. 



The exact words of the letter from the Foreign Otfice are as follows: 

 "The fixing of a line at sea within which foreign vessels should be 

 prohibited from whaling off our shores would not be in accordance 

 with the spirit of the Convention of 1824, and would be contrary to the 

 provisions of our Convention of 1825 with Great Britain. Moreover, 

 the adoption of such a measure, without preliminary negotiation and 

 arrangement with the other Powers, might lead to x)i'otests, since no 

 clear and uniform agreement has yet been arrived at among nations in 

 regard to the limit of jurisdiction at sea." 



In 1847 a representation from Governor Tebenkoff in regard to new 

 aggressions on the part of the whalers gave rise to further correspond- 

 ence. Some time before, in June 1840, the Governor General of Eastern 

 Siberia had exi)ressed his opinion that, in order to limit the whaling 

 operations of foreigners, it would be fair to forbid them to come within 

 40 Italian miles of our shores, the ports of Peti'opavlovsk and Okhotsk 

 to be excluded, and a payment of 100 silver roubles to be demanded at 

 those ports from every vessel for theright of whaling. He recommended 

 that a ship of war should be employed as a cruizer to watch foreign 

 vessels. The Foreign Office expressly stated as follows in reply: "We 

 have no right to exclude foreign ships from that part of the great ocean 

 which separates the eastern shore of Siberia irom the north-western 

 shore of America, or to make the j)ayment of a sum of money a condition 

 to alloAving them to take whales." The Foreign Office were of opinion 

 that the fixing of the line referred to above would reopen the discussions 



