surveillance over it had requested the governor-general of East- Evidence of ern Siberia, "in order to save the Company from Bering Sea injury caused by such occurrences, to issue instructions, making it the duty of such armed. cruisers as his excellency may have at his disposition to patrol the colonial seas, especially around the Commander Islands," where the foreign whalers were reported to assemble in great numbers in the summer season. Continuing, the board directed the chief manager "to fit out a Company's cruiser, independently of the naval cruiser, and to instruct it to cruise in those places where, on close investigation, it may appear necessary." On the 20th of March, 1853, the board of administration of the Russian American Company wrote to the chief manager, giving full directions as to the disposition to be made of the colonial fleet in that year. One vessel was to "be sent at the end of April to cruise and keep a watch over the foreign whaling vessels in the southern part of Bering Sea and along the Aleutian group," and this vessel was to cruise throughout the above district continually, entering port only in cases of necessity. Another vessel was to proceed to the northern part of Bering Sea and there do duty as a cruiser "to keep watch over the foreign whalers and the 1 Post, p. 200. Evidence of surveillance over Bering Sea. quished her clear right to protect her seal herds on their way to and from their breeding grounds. Even as to the whalers this much is certain: their movements were, after the year 1850, or thereabouts, closely watched; and in support of this, and of the broader proposition that a general surveillance was exercised over the colonial seas, the following evidence is offered. It appears that in 1849 foreign whalers visited the Pribilof Islands. This evoked from the board of administration of the Russian American Company a letter to the chief manager, dated July 13, 1850, in which it is said: "At the same time the board of administration expects that you, like your predecessor, have taken all necessary measures for guarding the Pribilof Islands, which are of such importance to the Company, from a repetition of similar attempts on the part of foreigners. In future, and until the clearing of those waters from whalers by means of a cruiser, of whose sending the board has already received information, you are directed to order the Company's cruisers to pay particular attention to the Pribilof Islands."1 On the 18th of April, 1852, the board of administration again wrote the chief manager concerning the visits of foreign whalers, and stated that 1 Post, p. 199. surveillance over it had requested the governor-general of East- Evidence of ern Siberia, "in order to save the Company from Bering Sea injury caused by such occurrences, to issue instructions, making it the duty of such armed cruisers as his excellency may have at his disposition to patrol the colonial seas, especially around the Commander Islands," where the foreign whalers were reported to assemble in great numbers in the summer season. Continuing, the board directed the chief manager "to fit out a Company's cruiser, independently of the naval cruiser, and to instruct it to cruise in those places where, on close investigation, it may appear necessary."1 On the 20th of March, 1853, the board of administration of the Russian American Company wrote to the chief manager, giving full directions as to the disposition to be made of the colonial fleet in that year. One vessel was to "be sent at the end of April to cruise and keep a watch over the foreign whaling vessels in the southern part of Bering Sea and along the Aleutian group," and this vessel was to cruise throughout the above district continually, entering port only in cases of necessity. Another vessel was to proceed to the northern part of Bering Sea and there do duty as a cruiser "to keep watch over the foreign whalers and the 1 1 Post, p. 200. Evidence of Englishmen with regard to the trade carried on by them with our savages.' surveillance over Bering Sea. 991 One of the concluding injunctions of this letter to the chief manager is as follows: "That the colonial seas, so far as possible, be visited in every part by the Company's cruisers for the purpose of keeping watch over the foreigners, and for this purpose, in giving instructions to our cruisers, that you conform yourself to the intended movements of the Company's whaling vessels, which can also do duty as cruisers if they are carrying on their fishery in Bering Sea, and provide that the Company's vessels designated for visiting the many islands of the colonies be, so far as possible, under the command of naval officers."1 "It On the 20th of June, 1861, the chief manager wrote to Benzeman, of the imperial navy: has come to my knowledge that two whaling vessels have been sent this year from San Francisco to trade on the Pribilof Islands. I therefore request your excellency, during the time appointed for your voyage, to do duty as a cruiser on the exact basis of the instructions herewith inclosed, which have been approved by the Emperor."2 1 Post, p. 161. Post, p. 162. While it does not appear from any of the fore-Conclusions from foregoing going documents to what distance from the shores evidence. of Bering Sea Russia actually sought to protect her colonies against inroads from foreigners, yet there is nothing to show that she had in the meanwhile receded from the position taken in the ukase of 1821 and sanctioned, as the United States claim, by the resulting treaties. On the .contrary, the broad language in which a patrol of the colonial seas is directed to be instituted, especially about the Pribilof and Commander Islands, strongly suggests that even at this late period Russia was still safeguarding her colonial interests by all necessary means. It is true, no instance appears to have been recorded where a vessel was warned or seized for actually killing fur-seals in the waters of Bering Sea. But in view of what we know of Russia's solicitude and care for her sealeries, especially in the years following 1836, it can not be doubted that such killing, had it occurred, would have been regarded as unlawful. In mak- Russia's action ing this assertion the United States believe they in 1892. are fully sustained by Russia's action during the summer of 1892. In that year sealing vessels assembled in great numbers about the Commander Islands and killed fur-seals in the extraterritorial waters surrounding this group. Russia, |