52 PROTOCOLS. 



be so reqiiested to name one; His ^lajesty the Kingj of Sweden and 

 Norway . should be so nMjuested to name one; the seven arbitrators to 

 be so named should be jurists of distinguished reputation in their 

 respective countries, and the selecting powers should be requested to 

 choose, if possible, jurists who are ac(iuaiiited with the English 

 language; 



And whereas it was further agreed by Article II of the said treaty 

 that the arbitrators should meet at Paris within twenty days after the 

 delivery of the counter-case mentioned in Article IV, and should pro- 

 ceed imjtartially and carefully to examine and decide the questions 

 which had been or should be laid before them as in the said treaty pro- 

 vided on the part of the Governments of the United States jind of Her 

 Britannic Majesty respectively, and that all questions considered by 

 the Tribunal including the final decision should be deteriniued by a 

 majority of all the arbitrators; 



xViid whereas by Article VI of the said treaty, it was further pro- 

 vided as foUows: 



In (lecidini;- the matters subiiiittcil to the said arbitrators, it is aj^roed that the 

 following hve jioints shall be siibiiiitted to them in order t!iat theii award shall 

 embrace a distinct decision npon each of said live points, to wit: 



1. What exclusive jnrisdiction in the sea now known as the Bering Sea, and what 

 exclusive riglits in the seal lishcries therein did Kussia assert and exercise prior 

 and up to the time of the cession of Alaska to the United States? 



2. How far were these claims of jurisdiction as to the seal fisheries recognized and 

 conceded by Great Britain? 



3. Was the body of water now known as the Bering Sea iTicluded in the phrase 

 Pacific Ocean as used in the treaty of 1825 between Great Britain and Russia; and 

 ■what rights, if any, in the Bering Sea were held and exclusively exercis'.d by Russia 

 after said treaty? 



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

 Bering Sea east of the wattsr boundary in the treaty between the United States 

 and Russia of the 30th of March, 1867, pass nuiuipaircd to the United States under 

 that treaty? 



5. Has the United States any right, and if so what right, of i^rotection or i>rop- 

 crty m the fur-seals frequeutiug the islands of the ITnited States in Bering Sea 

 when such seals are found outside the ordinary 3-niile limit? 



And whereas by Article VII of the said treaty it was furtiier agreed 

 as follows: 



If the determination of the foregoing questions as to the exclusive jurisdiction 

 of the United States shall h;ave the subject in such position that the concurrence 

 of (xreat Britain is necessary to the establishment of regulations for the proper ])ro- 

 tection and preservation of the fur seal in or habitually resorting to the Bering Sea, 

 the arbitrators shall tlien determine what concurrent regulations, outside the juris- 

 dictional limits of the respective Governments, are necessary, and over what waters 

 such regulations should extend; 



The high contracting parties furthermoi-e agree to cooperate in securing the adhe- 

 sion of other i)owers to such regulations. 



And whereas by Article VIII of the said treaty, after reciting that 

 the high contracting parties had fouiul themselves unable to agree upon 

 a reference which should include tlie question of the liability of each 



