11 



"5. Has the United States any ri,a,lit, and if so, wliat right, of i)rotec- 

 lion or property in the fur seals frequenting the islands of the United 

 States in Bering Sea when such seals are found outside the ordinary 

 three-mile limit ?" 



Article VII is in these words: 



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

 jurisdiction of the United States shall leave the subject in such posi- 

 tion that tlie concurrence of Great Britain is necessary to the estab- 

 lishment of Regulations for the proper protection and preservation of the 



a copy, such party shall he honiid, if the other party thinks proper to apply for it, 

 to fiirui.sh that party with a copy thereof; ami either party may call npou the other, 

 through tlie arbitrators, to produce the originals or certified copies of any papers 

 adduced as evidence, giving in each instance notice thereof within thirty days after 

 delivery of the case; and the original or cojiy so requested shall be delivered as soon 

 as may be, and within a jieriod not exceeding forty days after receipt of notice. 



Akt. V. It shall be the duty of the agent of each party, within one month after 

 the expiration of the time limited for the delivery of the counter case on both sides, 

 to deliver in duplicate to each of the said arbitrators and to the agent of the other 

 party a printed argument showing the points and referring to the evidence upon 

 wliich his Government relies, and either party may also support the same before the 

 arbitrators by oral argument of counsel ; and the arbitrators may, if they desire 

 further elucidation with regard to any point, require a written or printed statement 

 or argument, or oral argument of counsel, upon it; but in such case the other party 

 shall be entitled to re^ily, either orally or in writing, as the case may be. 



Art. YI. In deciding the matters submitted to the arbitrators, it is agreed that 

 the f(dlowiug five points shall be submitted to them, in order that their award shall 

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



1. What exclusive jurisdiction in the sea now known as the Bering 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 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 included in the phrase 

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

 and what rights, if auj^, in the Bering Sea were held and exclusively exercised by 

 Russia after said treaty? 



4. Did all the rights of Russia as to jurisdii'tion, and as to the seal fisheries in 

 Bering Sea east of the water boundary, in the treaty between the United States 

 and Russia of the 30th March, 1867, pass uninj[)aired to the United States under 

 til at treaty? 



5. Has the United States any right, and if so, what right of protection or property 

 in the fur-seals frequenting the islands of the United States in Bering Sea, when 

 such seals are found outside the ordinary 3-mile limit? 



A.KT. Vir. If the detcrminniion of the foregoing questions as to the exclusive 

 jurisdictiou of the United States shall leave the subject in such position that tho 



