27 



These variances, if not disagreements, as to tlie historical inquiries 

 submitted to the tribunal in the first four i)()ints of xVrticle VI of the 

 treaty, in my judgment, furnish a conclusive reason in snpport of a 

 raotion I intend to submit for the postponement of a v^ote on points 1, 

 2, 3, and 4 in Article VI of the treaty, uutil the tribuiuil shall liaA^e 

 reached a conclusion as to the rights of the United States, as to prop- 

 erty and protection in the fur-seals. 



On July 22, when tlie subject of the answers to be made to points 1, 

 2, 3, 4, of Article VI of tlie treaty, was under consideration, I ha-d the 

 honor of submitting the following motion and remarks: 



"I move that no decision be made upon the first four points in Article 

 VI of the treaty, at this time, but that this historical matter be laid 

 aside until the tribunal has considered and decided the legal questions 

 submitted for award in the treaty, in whatever order may be adopted. 

 I will state the grounds for this motion: 



"Prior to March 30, 1807, Kussia owned all the coasts and islands 

 washed by the waters of Bering Sea, and yet owns all west of the 

 water boundary fixed in her treaty of that date witli the United 

 States. 



"Eussia has the same rights of jurisdiction in the western portion of 

 Bering Sea that the United States has in the eastern portion. If we 

 could reach an agreement as to what tliose rights are it would be lar 

 better, if it was possible, that it should not be formulated into an award 

 in the absence of Eussia from tliis hearing. 



"Eussia alone can state what exclusive jurisdiction she asserted and 

 exercised and what exclusive rights in the seal fisheries she asserted 

 and exercised in the sea now known as Bering Sea prior to 1825, or 

 since that date and until 1867, so far as such statements can att'ect or 

 describe her attitude as a sovereign with reference to that sea and 

 the surrounding coasts and the islands washed l)y its waters. These 

 matters rest in intention and are established by assertion and are 

 proven, where ijroof is needed, by the exercise of authority over 

 Behring Sea and its islands and surrounding coasts, and, where the 

 sovereign rights of Eussia are challenged and put upon trial, Eussia 

 should be present if the decision is to have any bearing, immediate or 

 remote, upon her rights or any effect on her sensibilities, so important 

 to be regarded in the comity of nations. 



"Eussia has retained rights and interests in the fur-seals and fisheries 

 of every kind in the western part of Bering Sea and on the coasts and 



