THE TREATIES OP 182* AND 1825. 57 



liacl stood before the treaties, except that the ex- .Ti-oaties recog- 



' ••- luzed l)v implicit- 



ercise of these rights by Russia had now, through ^'^''^Jls^^^i'^^^^^^J 

 tliese treaties, received the impHed recognition of ^'*^^''"s ^®*" 

 two great nations; for while, by the nkase of 

 1821, Russia had pubhcly claimed certain unu- 

 sual jurisdiction both over Bering Sea and over a 

 portion of the Pacific Ocean, yet in the resulting 

 treaties, which constituted a complete settlement 

 of all differences growing out of this id^ase,^ 

 no reference is made to this jurisdiction so far as 

 it related to Bering Sea, althongh it is expressly 

 and conspicuously renounced as to the Pacific 

 Ocean. 



The burden is thus placed upon Great Britain Hinden npon 



Great ]^>iitaiii to 



to show that this iurisdiction, recomiized in the show that these 



'' ^ riglits Lave been 



3'ear 1825 to exist, has been lost. It is not lost, 

 claimed that it was exercised for all purposes. 

 Russia never sought to prevent vessels from 

 passing through Bering Sea in order to reach the 

 Arctic Ocean; nor did she always strictly enforce 

 the prohibition of whaling within the distance of 

 one hundred miles from its shores ; but, so far as 

 the fur-seals are concerned, it will be made to 

 appear in what follows that the jurisdiction in 

 question was always exercised for their protec- 

 tion. 



1 Section 8 of the "Proceedings of tlie Conference," Vol. I, p. 68. 

 2716 S 



