59 



"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 Enssia, and what rights, if any, in the Bering 

 Sea were held and exclusively exercised by Eussia after said treaty? 



"4. Did not all the rights of Eussia as to jurisdiction and as to the 

 seal fisheries in Bering Sea east of the water boundary in the treaty 

 between the United States and Eussia of the 30th March, L867, pass 

 unimpaired to the United States under that treaty ? 



"5. Has the United States any right, and, if so, what right, of pro- 

 tection 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?" 



All of the j)oiiits specified in this article of the treaty are, in iny 

 judgment, embraced in the general questions for the amicable settle- 

 ment of which this Tribunal has been constituted, and which are 

 described in Article I of the treaty as questions ''concerning the juris- 

 dictional rights of the United States in the waters of Bering Sea, and 

 concerning also the preservation of the fur seal in, or habitually resort- 

 ing to, said sea, and the rights of the citizens or subjects of either 

 country as regards the taking of fur seal in, or habitually resorting to, 

 the said waters." These general questions may properly be met by 

 the answers tlie Tribunal makes to the points particularly named in 

 Article VI. If they are not so met, then it will be the duty of Arbi- 

 trators to make such additional answers as will cover all the mat- 

 ters embraced in Article I. An award that does not dispose of those 

 points, as well as of the several matters generally named in Article 

 I, might be disregarded as not such a decision as the treaty requires. 

 It was not Avithiu the contemplation of the two governments that any 

 matter embraced in either article should be left undetermined by the 

 Tribunal. In the belief that the entire controversy in respect to the 

 questions and i)oints enumerated in those artic^les would be concluded 

 by the award, the two governments engaged, in Article XIV, "to 

 consider the result of the proceedings of the Tribunal of Arbitration, 

 as a full, perfect, and final settlement of all questions referred to the 

 Arbitrators," and to cooperate in securing the adhesion of other powers 

 to such regulations as might be prescribed. 



The first point in Article VI of the Treaty involves an inquiry as to — 

 What exclusive jttrisdiction in the sea now Joiowu as the Bering Sea, 



