54 PROTOCOLS. 



And wliereas the aforesaid deterniiiiatioii of the foregoing questions 

 as to the oxchisive jurisdiction of the United States mentioned in 

 Article VI leaves the subject in such a i)ositi<)n that the concurrence 

 of Great Britain is necessary to the estabhslnnent of regulations for 

 the proper protection and preservation of the iur-seal in or habitually 

 resorting to the Bering Sea, We, the said Arbitrators, do thereupon 

 determine that the foUoM'ing concurrent regulations outside the juris- 

 dictional limits of the respective Governments are necessary and tliat 

 they should extend over the waters hereinafter mentioned; that is 

 to say 



And whereas the Government of Her Britannic Majesty did submit 

 to the Tribunal of Arbitration under Article VIII of the said treaty 

 certain questions of fact iuvolved in the claims referred lo in the said 

 Article VIII and did also submit to us, the said Tribunal, a statement 

 of the said facts, as follows; that is to say 



We, the said Arbitrators, do decide and determine 



And whereaA each and every question which has been considered by 

 the Tribunal has been determined by a majority of all the arbitrators: 



jS^ow we do declare this to be the final decision and award in writing 

 of this Tribunal, iu accordance with the treaty. 



Made in duplicate at Paris and signed by us the day , iu 



the year 181)3. 



After an exchange of views between the Arbitrators, it was agreed 

 that the form ])repared by Lord Ilannen be adopted as a basis for the 

 wording of the award. 



The preamble of this form having been nnaniiuously voted, without 

 modification, the arbitrators passed to the considei-ation of t!ie five 

 points mentioned iu Article VI of the treaty of February 2nth, ]8i)2. 



As to the tirst point, relating to the rights exercised or claimed by 

 Eussia in Bering Sea, the arbitrators recognize that a distinction must 

 be made between difterent i)eriods. 



After some discussion as to the events which preceded the ukase of 

 1821, it was decided that these might be left aside as not being 

 material to the decision of the questions submitted to the Tribunal. 



In consequence, Baron de Courcel presented the following pioject of 

 decision : 



By tlie ukase of 1821, Russia claimed jurisdiction iu the sea now known as tlic 

 Bering's Sea, to the extent of 100 Italian miles from the coasts ami islands belonj;in,f]j 

 to her, but, iu the course of the negotiations which led to tlie conclusion of tlie 

 treaties of 1824 witli tlie United States and of ISlT) with Great Britain, Russia 

 admitted that her jurisdiction in the said sea should he restricted to the reach of 

 cannon shot from shore, audit appears that, from tliat timi> up to the time of tlie 

 cession of Ahiska to the United States, Russia never asserted in fact or exercised 

 any exclusive jurisdiction in Bering's Sea or any exclusive rights in the seal iishcries 

 therein beyond the ordinary limit of territorial waters. 



This was adopted by a majority composed of Baron de Courcel, Mr. 

 Justice Harlan, Lord Hannen, Sir Jolm Thompson, Marquis Visconti 



