56 ARGUMENT OF GREAT BRITAIN. 



If, on the other hand, it is regarded as part of a general 

 jurisdiction exercised by tlie United States over Beliring 

 Sea, it was also beyond the power of the United States 

 Congress to make the Act ap]dying to foreigners ; for, with- 

 out the consent of other nations, and without example in 

 the practice of other nations, it extended the territorial 

 waters of the United States to a limit hitherto unknown 

 and unrecognized, and in so doing it infringed the rights 

 of other nations upon the high seas. 



ANSWER TO QUESTION 5. 



Therefore, it is submitted that the foregoing facts and 

 arguments conclusively establish the answer to Question 

 5, raised by Article VI of the Arbitration Treaty, in favour 

 of Great Uritaiu, that is to say: 



To Question 5. — That the United States have no light (a) 

 of ])rotection, or (b) of property, in the seals frequenting 

 the islands of the United States in Behring Sea when they 

 are found outside the ordinary 3-mile limit. 



