76 AWARD AND DECLARATIONS. 



delivery of the Couuter-Cases inentioiied in Artii^tle IV, and slionld 

 proceed impartially and carefully to examine aud decide tbe questions 

 wbicb had been or should be laid before them as in tbe said Treaty 

 provided on tbe part of tbe Governments of the United States and of 

 Iler Britannic Majesty, res])ectively, and that all questions considered 

 by the Tribunal, including- the linal decision, should be determined by 

 a majority of all the Arbitrators; 



And whereas by Article VI of the said Treaty, it was further pro- 

 vided as follows: 



In deciding tlio matters submitted to tbe said Arbitrators, it is agreed that tlio 

 following live points shall be submitted to tliem, in order that their award shall 

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



1. What exclusive jvirisdictiou in the sea now known as the Bering's Sea, and what 

 exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and 

 up to the time of the cession of Alaska to the ITuited States f 



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

 conceded by Great Britaiu? 



3. Was the body of water uow known as the Bering's Sea included in the phrase 

 Pacific Ocean, as used in the Treaty of 1825 between Great Britaiu and Russia; aud 

 what rights, if any, iu the Bering's Sea were held and exclusively exercised by Russia 

 after said Treaty ? 



4. Did not all the rights of Russia as to jurisdiction aud as to the seal tisheries iu 

 Bering's Seaeastof the water boundary, in the Treaty between the tluited States aud 

 Russia of the 30th of March, 1867, pass uuim]iaired to the Uuited States uuder that 

 Treaty? 



5. Has the Uuited States any right, aud if so, what right of protection or projierty 

 in the fur-seals frequenting the islands of the Uuited Sta' es in Bering Sea when such 

 seals are found outside the ordinary three-mile limif? 



Aud wiiereas, by Article VII of the said Treaty, it was further agreed 

 as follows : 



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

 the United States shall leave the subject in such ]iosition that the concurrence of 

 Great Britain is uecessary to the establishment of Regulations for the pro])er ])rotec- 

 tiou aud preservation of the fur-seal in, or habitually resorting to, the Bering Sea, 

 the Arbitrators shall then determine what concurrent Regulations, outside the juris- 

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

 such regulations should extend; 



The High Contracting Parties furthermore agree to cooperate iu securing the 

 adhesion of other Powers to such Regulatious; 



And whereas, by Article VIII of the said Treaty, alter reciting that 

 the High Contracting Parties had found themselves unable to agree 

 upon a reference which should include the question of the liability of 

 each for the injuries alleged to have been sustained by the other, or by 

 its citizens, in connection with the claims presented and urged by it, 

 and that " they were solicitous that this subordinate question should 

 not interrupt or longer delay the submission aud determ.iuation of tbe 

 main questions," the High (lontracting Parties agreed that "either of 

 them might submit to the Arbitrators any (juestion of fact involved in 

 said claims aud ask for a finding thereon, the question of the liability 



