Ill 



exclusive jurisdiction within her owu territory and such jurisdiction 

 inside of territorial waters as was consistent with the law of nations. 



To the third. — The body of water now linown as Bering Sea was 

 included in the phrase "Pacific Ocean" as used in the treaty of 1825 

 between Great Britain and Kussia, and, after that treaty, Eussia 

 neither held nor exercised any rights in the waters of Bering Sea, out- 

 side of ordinary territorial waters, that did not belong in the same w^aters 

 to other countries. 



To the fourth. — All the rights of Russia 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 Russia of March 30, 18G7, jiassed, 

 under that treaty, unimpaired to the United States. 



3. 



THE RIfiHT OF PROPERTY ASSERTE» BY THE UNITED STATES 

 IIV THE PKIRSJLOE HERD OF SEAES, AWD ITS RliiiHT, M'HETIIER 

 AS OW^ER OF THE HERD, OR SIIUPEY AS O^VIMiR OF THE FUR 

 SEAE IIVDUSTRY OIV TBIE PRBRIEOF ISEAIVDS, TO PROTECT THE 

 SEAES AGAINST PEEA«1€ SEAEIIVG. 



I come now to the most important and interesting question presented 

 for determination, namely, that involved in the fifth point of Article VI 

 of the Treaty : 



^'■Has the United States any right, and if so, ichat 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 three-mile 

 Umitr^ 



It is necessary to a proper understanding of this question, in its 

 bearing upon the general subject of the preservation of this race of ani- 

 mals, that we recall the facts (never before so fully developed as in the 

 evidence now adduced) touching their history, nature, and habits as 

 w^ell as the results that necessarily follow from hunting and killing 

 them in the high seas. These facts vshould be clearly apprehended before 

 we enter upon the consideration of the princii)les of law and justice 

 applicable to the case. They should be brought together here, even at 

 the risk of some repetition. 



These facts — stating only such as are admitted or are established by 

 overwhelming evidence — are as follows: 



1. The animals in question belong to the species commonly designated 

 by naturalists as the Is'^orthern Fur Seal, and are valuable for purposes 



