58 



one marine league from tlie coast; that the public right to fish, catch 

 seals, or pursue any other lawful occupation on the high seas can not 

 be held to be abandoned by a luition from the mere fact that for a cer- 

 tain number of years it has not suited the subjects of that nation to 

 exercise it; that fur seals were animals ferm naturoSj and were res 

 nullius until caught; that no person could have property in them 

 until he had actually reduced them into possession by capture, and 

 that auy interference by the United States with the hunting and 

 taking of these fur seals, in the open waters of the ocean, by the 

 citizens or subjects of Great Britain, was a violation of rights secured 

 to them by the law of nations. 



The result of the negotiations was the treaty of February 29, 1892, 

 under which this Tribunal is proceeding. 



2. 



JURISOICTION ANI> RIOHTS AS!«iEKTK» AIVD KXISRCISf:!) BY RFS- 

 SSA IIV BKKEI^C} SEA, AX]» BIV RES^SPECT TO TBEE SEAt, FISHERIES 

 IIV THAT SEA, l>RIOR TO THE tJESSION OE 1S67 OF AI.ASKA TO 



THE UIVBTED STATES. 

 EFFECT OF THE TKEATV COIVC5iU©ED IN iS35 BETWEEN RUSSIA 



AIV» OREAT BRITAIN. 

 THE RICJHTS THAT PASSED TO THE UNITED STATES BY THE 



TREATY OF tKSSION OF lS«r. 



With the knowledge of the origin and history of the controversy 

 between the two Governments which the above stateaieut furuishes we 

 are the better i^repared to con-^ider the particular questions which 

 this treaty requires this Tribunal to determine. 



By Article VI of the treaty of February 29, 1892, it was provided 

 that 



"In deciding the matters submitted to the Arbitrators it is agreed 

 that the following five points shall be submitted to them in order that 

 their award sliall embrace a distinct decision upou 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? 



