AWARD AND DECLARATIONS. 81 



Findings of fact propased hi/ ihv Aijenl of Great Britain and ajreed to as proved hy the 

 Agent for the United ^States, and sn1)iniited to the Tribunal of Arbitration for its 

 consideration. 



1. That the several senrches and seizures, whether of ships or goods, and the sev- 

 eral arrests of masters aud crews, respectively nieiitioiied in the Schedule to the 

 British Case, pages 1 to 60, inclusive, were made by the authority of the United 

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

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

 Schedule to the British Case, or any of them, were wholly or in part the actual prop- 

 erty of citizens of the United States, have been withdrawn from and have not been 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 r-aise these questions, or any of them, if they think fit, in any future negotiations as 

 to the liability of the United States Government to pay the amounts mentioned in the 

 Schedule to the Brstish Case; 



2. That the seizures aforesaid, with the exception of the " rathfiuder," 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 were 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 were had in the District Courts of the United States 

 resulting in condemnation, such proceedings were begun by the filing of libels, a 

 copy of one of which is annexed hereto, marked "B", and that the libels in the 

 other proceedings were in all substantial respects the same: that the alleged acts 

 or offenses for which said several searches aud 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 condenmation, the seizure was adopted by the Gov- 

 ernment of the United States; and in those cases in which the vessels were released 

 the seizure was made by the authority of the United States; that the said fines and 

 imprisonments were for alleged breaches of the nuinicipal 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, aud that the ves- 

 sels so warned were engaged in sealing or prosecuting voyages for that purpose, and 

 that such action was adopted by the Government of the United States; 



5. That the L^istrict Courts of the United States in which any proceedings were had 

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

 ule to the Case of Great Britain, pages 1 to 60, inclusive, had all the jurisdiction and 

 powers of Courts of Admiralty, including the prize jurisdiction, but that in each 

 case the sentence pronounced by the Court was based upon the grounds set forth in 

 the libel. 



B 8 — VOL I (5 



