225 



FIXAL DECISIO\. 



Now we, the said Arbitrators, having impartially and carefully examined the said 

 questions, do iu like manner by this our award decide and determine the said ques- 

 tions in manner following, that is to say, we decide and determine as to the five 

 points mentioned in Article VI, as to which our award is to embrace a distinct 

 decision upon each of them : 



As to the first of the said five points, we, the said Baron de Courcel, Mr. Justice 

 Harlan, Lord Haunen, Sir John Thompson, Marquis Yiscouti Venosta, and Mr. Gregers 

 Gram, being the majority of the said Arbitrators, do decide and determine as follows : 



By the Ukase of 1821, Russia claimed jurisdiction in the sea now known as the 

 Bering Sea, to the extent of 100 Italian mik>s from the coasts and islands belonging 

 to her; but, in the course of the negotiations which led to the conclusion of the 

 treaties of 1824 with the United States, and of 1825 with Great Britain, Russia 

 admitted that her jurisdiction in the said sea should be restricted to the reach of 

 cannon-shot from shore, and it appears that, from that time up to the time of the 

 cession of Alaska to the United States, Russia never asserted in fact or exercised 

 any exclusive jurisdiction iu Bering Sea or any exclusive rights in the seal fish- 

 eries therein beyond the ordinary limits of territorial waters. 



As to the second of the said five points, wc, the said Baron de Courcel, Mr. Justice 

 Harlan, Lord Hannen, Sir John Thompson, Marquis Visconti Venosta, and Mr. 

 Gregers Gram, being a majority of the said Arbitrators, decide and determine that 

 Great Britain did not recognize or concede any claim, upon the jiart of Russia, to 

 exclusive jurisdiction as to the seal fisheries in Bering Sea, outside of ordinary 

 territorial waters. 



As to the third of the said five points, as to so much thereof as requires us to 

 decide whether the body of water known as Bering Sea was included in the phrase 

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

 we, the said Arbitrators, do unanimously decide and determine that the body of 

 water now known as the Bering Sea was included in the phrase "Pacific Ocean," 

 as used in the said treaty. 



And as to so much of the said third point as requires us to decide what rights, if 

 any, in the Bering Sea were held and exclusively exercised by Russia after the said 

 Treaty of 1825, we, the said Baron de Courcel, Mr. Justice Harlan, Lord Hannen, 

 Sir John Thompson, Marquis Visconti Venosta and Mr. Gregers Gram, being a ma- 

 jority of tlie said Arbitrators, do decide and determine that no exclusive rights as to 

 the seal fisheries therein were held or exorcised by Russia outside of ordinary terri- 

 torial waters after the Treaty of 1825. 



As to the forth of the said five ])oints, we, the said Arbitrators, do unanimously 

 decide and determine that 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 the 30th of March, 1867, did pass unimpaired to the 

 United States under the said Treaty. 



As to the fifth of the said five points, we, the said Baron de Courcel, Lord Hannen, 

 Sir John Thompson, Marquis Visconti Venosta, and Mr. Gregers Gram, being a ma- 

 jority of the said Arbitrators, do decide and determine that the United States has not 

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