40 AEGUMENT OF THE UNITED STATES. 



different parts of this territory organized a system for securing the 

 preservation of these animals, and exercised for these purposes a con- 

 trol over the native population. This was rightly contended to be the 

 only exercise of proprietor}/ right of which these particular regions 

 were at that time susceptible, and to mark that a beneficial iise was 

 made of the whole territory by the occupants. 1 



The first four questions submitted to the Tribunal by the Treaty 

 should, in the opinion of the undersigned, be answered as follows: 



First. Eussia never at any time prior to the cession of Alaska to 

 the United States claimed any exclusive jurisdiction in the sea now 

 known as Bering Sea, beyond what are commonly termed territorial 

 waters. She did, at all times since the year 1821, assert and enforce 

 an exclusive right in the " seal fisheries" in said sea, and also asserted 

 and enforced the right to protect her industries in said u fisheries" and 

 her exclusive interests in other industries established and maintained 

 by her upon the islands and shores of said sea, as well as her exclusive 

 enjoyment of her trade with her colonial establishments upon said 

 islands and shores, by establishing prohibitive regulations interdicting 

 all foreign vessels, except in certain specified instances, from approach- 

 ing said islands and shores nearer than 100 miles. 



Second. The claims of Russia above mentioned as to the " seal- 

 fisheries " in Bering Sea were at all times, from the first assertion 

 thereof by Russia down to the time of the cession to the United States, 

 recognized and acquiesced in by Great Britain. 



Third. "The body of water now known as Behring Sea was not 

 included in the phrase 'Pacific Ocean,' as used in the treaty of 

 1825, between Great Britain and Russia;" and after that treaty 

 Russia continued to hold and to exercise exclusively a property right 

 in the fur-seals resorting to the Pribilof Islands, and to the fur-sealing 

 and other industries established by her on the shores and islands above 

 mentioned, and to all trade with her colonial establishments on said 

 shores and islands, with the further right of protecting, by the exer- 

 cise of necessary and reasonable force over Bering Sea, the said 

 seals, industries, and colonial trade from any invasion by citizens of 

 other nations tending to the destruction or injury thereof. 



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 the 30th of March, 18G7," did 

 " pass unimpaired to the United States under that treaty." 



James C. Carter. 



'Int. Law, vol. i, V \). 259, 2G0. 



