THE TRIBUNAL HAYING AGREED TO CONSIDER THE EIRST FOUR 

 POINTS STATED IN ARTICLE VI OF THE TREATY, IN CONNECTION, 

 AS A GROUP OF QUESTIONS, SENATOR MORGAN SUBMITTED HIS 

 VIEWS OF THE CLAIMS OF RUSSIA, AND OF THE UNITED STATES 

 DERIVED FROM RUSSIA, UNDER THE TREATY OF 1807, AS THE SAME 

 ARE PROPOUNDED IN THE TREATY OF 1892 IN THE WORDS FOLLOW- 

 ING: 



1. What exclusive jurisdiction in the sea now known as Bering Sea, 

 and what exclusive rights in the seal iisheries therein did Russia as- 

 sert and exercise ])rior and up to the time of the cession of Alaska to 

 the United States"^ 



2. How far were those claims of jurisdiction as to the seal fisheries 

 recognized and conceded by Great Britain? 



3. Was the body of water now known as the Behring Sea included in 

 the phrase ''Pacific Ocean," as used in the treaty of 1825 between 

 Great Britain and Ilussia; and what rights, if any, in the Behring 

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



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

 seal fisheries in Behring Sea east of the water bonndary in the treaty 

 between the LTnited States and Russia of the oOth March, 1807, pass 

 nnimpairedto the United States nnder that treaty'? 



As the tribunal seems to agree unanimonsly in giving an afiSrma- 

 tive answer to the fourth point I will not discuss it. 



A like unanimity seems to exist as to the answer to the first inquiry 

 under question 3, which makes it unnecessary that I should comment 

 upon that question. 



All the questions submitted under the four points of Article VI are 

 historical rather than judicial in their character as to the facts to be 

 ascertained and as to the conclusions to be based upon them, except 

 the question presented in the second point, which 1 consider a mixed 

 question of law and fiict. It is upon this view of the duty of the 

 tribunal in the consideration of these questions that my opinions are 

 rested. 



The situation of the western aud northwestern coast of North Amer- 

 ica in 1824 was practically that of an unoccupied and uninliabited 

 country to the north of Puget Sound. A few scattered tribes of 

 Indians inhabited the vast reach of coast, from San Francisco to the 



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