COUNTER-CASE OF GREAT BRITAIN. 63 



the seamen of various nations who from time to time visited 

 these regions. Nor did Knssia ever attempt to maintain 

 in Behriug- Sea a naval force capable of giving eifect to 

 any such prohibition by force of arms. 



NO EVIDENCE OF RESERVATION. 



In the second place, attention is called to the fact that 

 no evidence is forthcoming to support the alleged reserva- 

 tion of the exclusive right of sealing. 



It has already been shown that, ])rior to the Treaty of 

 1825, Eussia possessed no such sovereignty over the shores 

 of Behriug Sea as would enable her to exclude the vessels 

 of other nations even from the coasts. Much less had she 

 power to exclude vessels upon the high seas, either from 

 navigating thereon, or from the exercise of any particular 



industry. 

 59 Neither in the negotiations nor in the Treaties is 



there any reservation of a right to exclude foreigners 

 from the particular pursuit of seal lishing. 



WHALING IN BEHRING SEA LARGELY DEVELOPED 

 AFTER TREATIES. 



British Case, 



Whaling, which was expressly forbidden by the Ukase, p. 89. 

 was admittedly carried on without restraint after the Trea- 

 ties, and there is ample evidence of the large development 

 of this industry. 



Evidence on this matter has already been adduced in 

 the British Case; but with further reference to the opera- 

 tions of whalers in years subsequent to 1840, the following 

 passage may be quoted from an account of the fishery by 

 Ivan Petroff. In discussing the condition of the Territory 

 ' of Alaska ])rior to its cession to the fJnited States, he 

 writes : 



Quoted by A. 

 Uuder the terms of the Treaty with England and America no vessel H. Clark, in 

 of either of those two nations was allowed to hunt or fish within 3 "^Fisheries and 

 marine leagues [sic] of the shore; but as there Avas no armed Govern- tries'of the Unit- 

 luent craft in the Colonies the provisions of the Treaty were totally ed States," vol. 

 disregarded by the whalers. ii, pp. 205,206. 



Referring to a later date, and writing in 1870, Dr. W. H. 

 Dall makes the following remarks concerning certain forms 

 of traffic carried on in and about Behriug Sea: 



"Alaska ami its 

 Since 1850, traders from the Sandwich Islands have visited Kotze- Resource.s,"p.502. 



hue Sound and (irantley Har])our every spring They load 



at Honolulu with ammunition, double-barrelled Belgian fowling- 

 pieces, hardware, and rum or alcohol. They Ibllow up the melting 

 ice, and usually reach Behring Strait in the latter part of June. 

 Their tariff of prices amounts to about 50 cents apiece for martens, in 

 goods. They are usually ]trovided Avith whaling implements, and 

 manned by Kanakas. A single whale will pay the expenses of the 

 voyage and leave the profits of the trade elear. 



That trading was going on within the limits of Behring 

 Sea in the years immediately jn-eceding and following 1821, 

 has already been shown by the correspondence cited on pp. 

 20 and 21. 



