PROTOCOLS. 43 



At 1.30 the Tribunal took a recess. 



On leasseiiibling-. Sir Kicliard Webster resumed and concluded liis 

 argument. 



Tlie agent of Her Britannic Majesty then presented to the Tribunal 

 the following' paper, which, by agreement with the agent of the United 

 States, was submitted as a substitute for the papers heretofore pre- 

 sented as to findings of lacts: 



riNDIXGS OF FACT PROPOSED BY THE AGEXT OF GREAT BRITAIN AND AGREED TO 

 AS PROVED BY THE AGENT FOR THE UNITED STATES, AND SUBMITTED TO THE 

 TRIBUNAL OF ARBITRATION FOR ITS CONSIDERATION. 



1. Tliat tlie several searches auci seizures, wlietbcr of ships or goods, and the 

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

 British case, pages 1 to 60, inclusive, were made by the authoritj^ of the United 

 States Government. The questions as to the value of the said vessels or their con- 

 tents, or either of them, and the question as to whether the vessels mentioned in the 

 schedule to the Britisli case, or any of them, were wholly or in part the actual 

 property of citizens of the United States, have been withdrawn from and have not 

 been considered by the Tribunal, it being understood that it is open to the United 

 States to raise these questions, or any of them, if they think tit, in any future nego- 

 tiations as to the liability of the United States Government to pay the amounts 

 mentioned in tlie schedule to the British case. 



2. That tlie seizures aforesaid, with the exception of the rathfinder, seized at Neah 

 Bay, were made in Bering Sea at the distances from shore mentioned in the schedule 

 annexed hereto, marked "C." 



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, at the several times 

 when they Avere made, from the Executive Department of the Government of the 

 United States, instructions, a copy of one of which is annexed hereto, marked "A," 

 and that the others were, in all substantial respects, the same : that in all the instances 

 in which proceedings Avere had in the district courts of the United States resulting 

 in condemnation, such proceedings were begun by the liling of libels, a copy of one of 

 which is annexed hereto, marked "B," and tliat tlie libels in the other proceedings 

 were in all substantial respects the same: that the alleged acts or offenses for which 

 said several searches and seizures were made were in each case done or committed in 

 Bering Sea at the distances from shore aforesaid : and that in each case in which 

 sentence of condemnation was passed, except in those cases when the vessels were 

 released after condemnation, the seizure was adopted by the Government of the 

 United States: and in tliose cases in which the vessels were released the seizure was 

 made by the authority of the United States. That the said fines ?iud imprisonments 

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

 breaches were wholly committed in Bering Sea at the distances from the shore 

 aforesaid. 



4. That the several orders mentioned in the schedule annexed hereto and marked 

 "C," warning vessels to leave or not to enter Bering Sea, were made by public 

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

 times when they were given, like instructions as mentioned in finding 3, above pro- 

 posed, and that the vessels so warned were engaged in sealing or prosecuting voy- 

 ages for that purpose, and that such action was adopted by the Government of the 

 United States. 



5. That the district courts of the United States in which any proceedings wer'' 

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

 schedule to the case of Great Britain, pages 1 to 60, inclusive, had all the jurisdiction 



