38 PROTOCOLS. 



limy be talicii into any port of tlio nation to Avliicli t1ie raptnrins; vessel belongs and 

 1)(< condemned by proceedings in any court of competent jurisdiction, which jiro- 

 ceedings shall be conducted so far as may be in accordance witli the course and 

 practice of courts of admiralty when sitting as prize courts. 



Tlie Agent of the Uuited States also read the following- stateiueut: 



Substitute proposed by the Government of the Uuited States for tindings of facts 

 submitted by the Government of Great Britain: 



1. That the several searches and seiztires, whether of ships or goods, and the 

 several arrests of masters and crews, respectively mentioned in the said schedule, 

 were made by the authority of the United States Government. Which and how 

 many of the vessels mentioned in said scliedule were in whole or in part the actual 

 property of British subjects, and which and how many where in wliole or in part 

 the actual property of American subjects, is a fact not passed upon by this Tribunal. 

 Nor is the value of said vessels or contents, or either of them, deterniined. 



2. That the seizures aforesaid were made u]ion the sea. more than ten miles from 

 any shore. 



3. That the said several searches and seizures of vessels were made by public 

 armed vessels of the United States, the commanders of which had, the several 

 times when they were made, from the Executive Department of the Government of 

 the Uuited States, instructions, a copy of one of which is annexed Iiereto, marked 

 "A," and that the others were, in all substantial respects, the same; that in all the 

 instances in which proceedings were had in the district courts of the United States 

 resulting in condemnation, such proceedings were begun by the tiling of libels, a 

 copy of one of which is annexed hereto, marked " B," and that the libels in the 

 other jiroceedings were in all substantial respects the same; that the alleged acts 

 or oH'cnses for which sai<l several searches and seizures were made were in each case 

 done or committed upon the seas more than ten miles from any shore; and that in 

 each case in which sentence of condemnation was had, except in those cases when 

 the vessel w.as released after condemnation, the capture was adopted by the Go\ < m 

 ment of the United States. That the said tines and imiirisoiimeuts were for alleged 

 breaches of tlie municipal laws of the United States, which alleged breaches were 

 wludly comniitred upon the seas more than ten miles Iroin any sliore. 



4. That the several orders mentioned in said schedule warning vessels to leave 

 Bering Sea were made by xiublic armed vessels of the United States, the commanders 

 of which had, at tlie several times when they were given, like instructions as 

 mentioned in tinding 3, alxjve proposed, and that the vessels so warned were engaged 

 in sealing or prosecuting voyages for that purpose. 



.5. That the said several searches, seizures, condemnations, confiscations, fines, 

 iin])risonments, aiul orders were not made, imposed, or given under any claim or 

 assertion of right or jurisdiction except such as is submitted to the decision of tlie 

 arl)itrators by the qnestiims in Article VI of the Treaty of Arbitration. 



(i. That the district courts of the Uuited States in which any proceedings were had 

 or taken for the purpose of condemuing any vessel seized as mentioned in the 

 schedule to the case of Great Britain, pages 1 to GO, inclusive, had all the jurisdiction 

 and xiower of courts of admiralty, including the prize jurisdiction. 



Annex A. 



[See Britisli counter case, Appeiidix-, Vol. I, p. 72.] 



TlllCASUKY DKrARTMKNT. OfI'ICK OF TllK SeCRETAUY, 



irashiiu/ion, April 21, ISSG. 



Sir: ReA^rriiig to Department hdter of this date, directing you to ])roceed with 



the revenue steamer Hear, under your comifiand, to the seal islands, etc., you are 



hereby clothed with full ])()wer to cutbrce the la,w cimtained in the provisions of 



section 1956 of the United States Revised Statutes, and directed to seize all vessels 



