ARGUMENT OF GREAT BRITAIN. 25 



Tlie schooner was condeninod. 



The decisions of the United States Oonrts in the con- . 

 denmation of other vessels proceed on the same i^rincipk^s. 



P^ither they were wrong" in point of constrnction, or the 

 Statutes upon which they were founded were ultra vires as 

 against foreigners. In neither case do they furnish any 

 justification for the action of the United States. 



CONCLUSIONS ESTABLISHED BY FOREGOING ARGUMENT. 



The foregoing facts and arguments, it is submitted, cou- 

 chisively establish that the following answers should be 

 given to the first four questions in Article VI of the Treaty 

 of Arbitration. 



To Question 1. — That Eussia exercised no exclusive juris- 

 diction in Behring Sea prior to 1867; that, in 1821 only, 

 Kussia asserted exclusive jurisdiction over a partof Behring 

 Sea ah)ng its coasts, but that she withdrew the assertion, 

 and never afterwards asserted or exercised such jurisdic- 

 ';ion. 



That Eussia exercised no exclusive rights in the seal fish- 

 eries in Behring Sea prior to 18G7; that in 1821 only, Eus- 

 sia claimed exclusive rights, as included in her claim of 

 jurisdiction extending to 100 miles from the coast, but that 

 she withdrew the assertion, and never afterwards asserted 

 yv exercised such rights. 



The only exclusive right which Eussia subsequently exer- 

 cised was the right incidental to her territorial ownership. 



To Question 2. — That Great Britain neither recogni/.ed 

 nor conceded any claims of Eussia of jurisdiction as to the 

 seal fisheries, %. e., eithei' (a) of exclusive jurisdiction in 

 Behring Sea, or (ft) exclusive rights in the fisheries in Beh- 

 ring Sea, save as already mentioned. 

 27 To Question 3. — That Behring Sea was included ia 



"Pacific Ocean" in the Treaty of 1825. 



That Eussia neither held nor exclusively exercised any 

 rights in Behring Sea after the Treaty of 1825, save only 

 such territorial rights as were allowed to her by interna- 

 tional law. 



To Question 4. — That no rights as to jurisdiction or as to 

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

 in the Treaty between the United States and Eussia of the 

 30th March, 1867, passed to the United States under that 

 Treaty, except such as were incidental to the islands and 

 other territory ceded. 



