TREATY OF ARBITRATION OF 1802. 6 



spondeuce, and evidence, in iei)ly to the case, docuiucnts, correspond- 

 ence, and evidence so ijresented by tlie other party. 



If, however, in consequence of the distance of the phxce from which 

 the evidence to be presented is to be procured, either 

 party shall, within thirty days after the receipt by its ^^t^^^^^""! «f time, 

 'agent of the case of the other party, give notice to the other party that 

 it requires additional time for the delivery of such counter case, docu- 

 ments, correspondence, and evidence, such additional time so indicated, 

 but not exceeding- sixty days beyond the three months in this Article 

 provided, shall be allowed. 



If in the case submitted to the Arbitrators either party shall have 

 specihed or alluded to any report or document in its 

 own exclusive posses.siou without annexing a copy, such uments!°*'**" °^ '^°''' 

 party shall be bound, if the other party thinks proper 

 to apply for it, to furnish that party with a copy thereof; and either 

 party may call upon the other, through the Arbitrators, to produce the 

 originals or certified copies of any papers adduced as evidence, giving 

 in each instance notice thereof within thirty days after delivery of the 

 case; and the original or copy so requested shall be delivered as soon 

 as may be and within a period not exceeding forty days after receix)t 

 of notice. 



Article V. 



It shall be the duty of the Agent of each party, within one month 

 after the expiration of the time Umited for the delivery of the counter 

 case on both sides, to deliver in duplicate to each of 

 the said Arbitrators and to the agent of the other party ^^■s'™'*°*- 

 a i^rinted argument showing the points and referring to the evidence 

 upon which his Government relies, and either party may also support 

 the same before the Arbitrators by oral argument of counsel; and the 

 Arbitrators may, if they desire further elucidation with regard to any 

 point, require a- written or i^rinted statement or argument, or oral argu- 

 ment by counsel, upon it; but in sucii case tlie other party shall be 

 entitled to reply either orally or in writing, as the case may be. 



Article VI. 



In deciding the matters submitted to the Arbitrators, it is agreed 

 that the following five iioints shall be submitted to 

 them, in order that their award shall embrace a dis- <J"-^-"« «"bimtted. 

 tinct decision upon each of said five points, to wit: 



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

 Sea, and what exclusive rights in the seal fisheries therein, did Eussia 

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

 to the United States 1 



2. How far were these 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's Sea included 

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

 Great Britain and Eussia; and what rights, if any, in the Behring's 

 Sea were held and exclusively exercised by Eussia after said Treaty! 



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

 seal fisheries in Behring's Sea east of the water boundary, in the 

 Treaty between the United States and Eussia of the 30th March, 

 18G7, pass unimpaired to the United States under that Treaty ?. 



6. Has the United States any rightj and if so, what right of protec- 



