9 



of tliis tribinial for tlieir protection, as to its appLVation, was to 

 describe the herd; but the restrictions upon tlie limits of the jurisdiction 

 are defined by the territorial boundaries of the two countries that own 

 all the shores and islands that are washed by the waters in which these 

 animals are found that resort to Bering Sea. 



In the light of these facts, disclosed on the face of the treaty, the 

 following quotations from the treaty make it clear that this tribunal 

 possesses the powers stated in the motion of Mr. Justice Harlan : 



Article I. 



The questions whicli have arisen between the Government of Her 

 Britannic Majesty and the Government of the United States concerji- 

 ing the jurisdictional rights of the United States in the waters of Ber- 

 ing Sea, and concerning also the preservation of the fur-seal in or habit- 

 iiaUy resorting to the said sea, and the rights of the citizens and subjects of 

 either country as regards the taking of fur-seal in or habitually resorting 

 to the said waters, shall be submitted to a tribunal of arbitration, to 

 be com^josed of seveu arbitrators. 



• •••••• 



Article III. 



The printed case of each of the two parties, accompanied by the doc- 

 uments, the official correspondence, and the evidence on which each 

 relies, shall be delivered in duplicate to each of the arbitrators and to 

 the agent of the other party as soon as may be after the appointment 

 of the members of the tribunal, but within a period not exceeding four 

 months from the date of the exchange of the ratiiications of this treaty. 



Article IV. 



Within three months after the delivery on both sides of the printed 

 case either party may, in like manner, deliver in duplicate to each of 

 the said arbitrators and to the agent of the other party a counter case 

 and additional documents, correspondence, and evidence, in reply to 

 the case, documents, correspondence, and evidence so presented by the 

 other jjarty. 



Article VI. 



In deciding the matters subinitted to the arbitrators it is agreed that 

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

 award shall embrace a distinct decision upon «ach of said five points, 

 to wit : 



1. What exclusive jurisdiction in the sea now known as the Behring 

 Sea, and what exclusive rights in the seal fisheries tlierein, did Kussia 

 assert and exercise prior and up to the time of the cession of Alaska 

 to the United States ? 



****** 



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 



