CASE OF GREAT BRITAIN. 



11 



their place various unprecedented and indefinite claims 

 put forward, which appear to be based upon an alleged 

 ])ro])erty in fur seals as such. 



Finally, that while Great Britain has from the first stren- 

 uously and consistently opposed all the foregoinji- excei>- 

 tional pretensions and claims, she has throughout been 

 favourably disposed to the adoption of general measures 

 of control of the fur seal fishery, should these be found 

 to be necessary or desirable with a view to the protec^tion 

 of the fur seals, provided that such measures be ecpiitable 

 and framed on just grounds of common interest, and that 

 the adhesion of other Powers be secured, as a guarantee 

 of their continued and impartial execution. 



ARRANGEMENT OF CASE. 



It will be convenient to state the arrangement ami order 

 of the Case here presented on behalf of Great Britain. 



Article YI. 



The first three points of iVrticle VI are as follows: 



1. Whatexchisive jurisdiction in the se.a now known us the Behring 

 Sea, and what exclusive riglits in the seal fisheries therein, did Russia 

 assert and excercise jirior and up to the time of the cession of Alaska 

 to the United States f 



2. Mow far were these claims of Jurisdiction as to the seal lishcries 



recognized and conceded by Great Britain ? 



10 3. Was the body of water now known as the Behring Sea in- 



cluded in the phrase "Pacific Ocean," as used in the Treaty of 



1825 between Great Britain and Russia: and what rights, if atiy, in 



the Behring Sea, were held and exclusively exercised by Russia after 



said Treat.v ? 



It is proposed in the first instance to deal with these 

 points, which relate to the original claims by Russia to cer- 

 tain rights in Behring !Sea, and the action of Great Britain 

 respecting these claims. 



Head C. 



HEADS OF ARGUMENT. 



The questions therein raised will be considered under 

 the following heads: 



(A.) The user up to the vear ISi'l of Behring Sea and Chapter i. 

 other waters of the North Pacific. ^^^^ ^' 



(B.) The Ukase of 1821 and the circumstances connected chapter ii. 

 therewith leading up to the Treaties of 1824 and 1825. ^^^'"^ "■ 



(C.) The question whether the body of water now known chapter m 

 as Behring Sea is included in the plirase ^' Pacific Ocean," 

 as used in the Treaty of 18'_'5 between Great Britain 

 and Russia. 



(D.) The user of the waters in question from 1821 to 

 18(17. 



It is then proi)osed to consider point 4 of Article VI, 

 which is as follows: 



4. Did not all the rights of Russia as to jurisdiction and as to the 

 seal fisheries in Behring Sea east of the water boundary, in the Treaty 

 between the United States and Russia of the 30th March, 1867, pass 

 unimpaired to the United States nuder that Treaty? 



Chapter IV. 

 Head D. 



