PROTOCOLS. 55 



Venosta and Mr. Gregers Gram. Senator Morgan voted againt^t it, 

 reserving unto himself to propose an amendment, when the second ])oint 

 would have been considered. 



As to the second of the said five points mentioned in Article VI, tlie 

 following' decision was adopted by a miijority composed of tlie Baron 

 de Courcel, Mr. Justice II;u"lan, Lord Ilannen, Sir John Thompson, 

 Marquis ^'isconti Venosta, and Mr. Gregers Gram: 



Great Britain did not recognize or concede any claim, upon the part of Russia, to 

 exchisive jurisdiction as to the seal lisherics in Bering Sea, outside of ordinary 

 territorial waters. 



Senator Morgan voted against and presented the following motion as 

 a substitute for the decisions as to tlie two lirst i)oints: 



1. From the time tliat Russia first discovered and occupied Boring Sea and the 

 coasts and islands thereof, until she ceded a portion thereof to the United States, 

 slie claimed tlie seal lisheiies in Bering Sea and exercised, exclusively, the right to 

 the usufruct, and to own the jiroduct of such seal iisheries, and to protect the same 

 against lieing interfered with, in those waters, hy the people of any other country; 

 and also tlie exclusive jurisdiction that was found necessary for those ]>iiiposes; j,nd, 

 also, the exclusive jurisdiction to regulate the hunting of fur-seals in tliose waters; 

 and to grant the right of hunting them, to her own suhjects. 



2. The attitude of Russia towards the fur-seal fisheries in Bering Sea, as descrihed 

 above, being known to Great Britain, she acquiesced in the same without objection. 



This motion was negatived by all the arbitrators except Senator 

 Morgan. 



As to the third of the said five points mentioned in Article VI, it was 

 agreed that the two questions therein contained should be considered 

 se])arately. 



On the lirst of these questions the following decision was unanimously 

 ado[)ted: 



The body of M'ater now known as the Bering Sea was included in the ])liraso 

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



On the second of these questions the following decision was adojited 

 by a mnjority com])osed of Baron de Courcel, ^Ir. Justice Harlan, Lord 

 Hannen, Sir John Thom])Son, Marfjuis Visconti Venosta, and Mr. 

 Gregers Gram, Senator Morgan voting in the negative: 



No exclusive riglits of jurisdiction in Bering Sea and no exclusive rights as to seal 

 fisheries therein, were held or exercised by Russia outside of ordinary territorial 

 waters after the treaty of 1825. 



Baron de Courcel remarked that, in adhering to the decision which 

 had just been adopted, his intention is to state the ])osition held by 

 Bussia in the Bering Sea oidy in aslar as it has been pi-esentcd for the 

 consideration of the Tribunal of Arbitration by the two (lovernments 

 Avho have (xnistituted tlie said Tribunal, and that he by no means 

 intends to prejudge the ap])reciation made by Russia herself, as that 

 ])ower has not Ixmmi heard by the Tribunal, nor placed in such a situa- 

 tion as to make her views known to the same. 



