SKA TKIIU'XAh OF AKUITKATKi.V 



85 



inn-mat iniml agreement, as for the suppression 

 of piracy or the slave trade, and not merely iVI- 

 li^cn-nt. rights of self-defense, as in the rupture 

 of \c-M'K for carrving contraband of war or 

 running a blockade, mat perfectly analogous 

 rights of self-protection, us instanced by hover- 

 ing acts permitting interference with vessels 

 hovering aliout. a coast under a different flag for 

 the purpose of smuggling, or engaging in illicit 

 trade with a colony, or rescuing convicts, and 

 also by quarantine laws forbidding an infected 

 ship from approaching within 4 miles of a port. 

 If it should be determined that the United States 

 has a property right in the Alaskan seal herd, or 

 in tko individual seals, or in the industry that it 

 maintains on the Pribylov Islands, it follows as 

 a necessary consequence that it has the right to 

 prevent the invasion and destruction of its prop- 

 erty interests by pelagic sealing by the employ- 

 ment of such force as may be reasonably neces- 

 sary to that end. 



The British case denied that Russia had as- 

 serted any jurisdiction in Bering Sea beyond 

 territorial limits, except in the ukase of 1821, 

 from which she had retreated; asserted that 

 Bering Sea was a part of the Pacific Ocean de- 

 fined in the treaties of 1824 and 1825; claimed 

 that seals were wild animals, which were no more 

 property than fish when found in the high seas; 

 and assumed that the law of nations, instead of 

 following abstract ethical principles of natural 

 justice or dealing with the general interests of 

 mankind or questions of humanity to animals, 

 was restricted to positive international engage- 

 ments and rights established by the consent of 

 the nations. 



The Tribunal of Arbitration rendered its de- 

 cision on Aug. 15, as follows : 



We decide and determine as to the five points men- 

 tinned in Article VI, as to which our award is to em- 

 brace a distinct decision upon each of them : 



As to the first of said five points, we, Baron de 

 Courcel, John M. Hurl an, Lord Hannen, Sir John 

 S. D. Thompson, Marquis Emilio Visconti-Venosta, 

 and Gregers W. W. Gram, being a majority of said 

 arbitrators, do decide as follows : 



By the ukase of 1821 Russia claimed jurisdiction in 

 the sea now known as Bering Sea to the extent of 100 

 Italian miles from the coasts and islands belonging to 

 her, but in the course of the negotiations which led to 

 the conclusion of the treaty of 1824 with the United 

 States and the treaty of 1 825 with Great Britain, Rus- 

 sia admitted that her jurisdiction in said sea should 

 IK- restricted so as to reach a cannon shot from shore. 

 It appears that from that time up to the time of the 

 cession of Alaska to the United States Russia never 

 asserted in fact or exercised any exclusive jurisdiction 

 in Hi ring Sea, or any exclusive rights to the seal fish- 

 eries therein beyond the ordinary limit of territorial 

 waters. 



Aa to the second of the five points, we, Baron de 

 Courcel, John M. Harlan, Lord Hannen, Sir John 

 8. D. Thompson, Marquis Emilio Visconti-Venosta, 

 and Gregers W. W. Gram, being a majority of said 

 arbitrators, decide and determine that Great Britain 

 did not recognize or concede any claim upon the part 

 of Russia to exclusive jurisdiction as to the seal fish- 

 eries in Bering Sea outside the ordinary territorial 

 waters. 



As to the third point, as to so much thereof as re- 

 quires us to decide \\hcthcr the body of water now 

 known as Bering Sea was included in the phrase 

 " 1'aeitic Ocean " as used in the treaty of 1825 bet\\ ecu 

 Great Britain and Russia, we unanimously decide and 

 determine that the body of water now known as Be- 



ring Sea wa included in the phrane " Pucitic O< < -un " 

 aa used in said treat \ . 



On the fourth point we decide and determine that 

 all the right.-, of Russia ttt jurisdiction and to the seul 

 tishericH passed to the United States, limited by the 



<)n the fifth j>oirit we. Baron de Courccl, Lord 

 Haunen, Sir John S. D. Thorn] >.-on, Marquis Ernilio 

 Yisconti- Venosta, and Gregem W. W. (Jrurn, being 

 the majority <>f said arbitrators, decide and determine 

 that the I'nited State.-, have no light to the prote<-ti"n 

 <>f or property in the seals frequenting the islands of 

 the United States in Bering Sea when the same are 

 found outside the ordinary 3-milc limit. 



And whereas the aforesaid determination of the 

 foregoing questions as to the exclusive jurisdiction of 

 the I'nited States leaves the subject in such a position 

 that the concurrence of Great Britain is necessary to 

 the establishment of regulations for the proper pro- 

 tection and preservation of fur seals habitually resort- 

 ing to Bering Sea, we, Baron de Courcel, Lord llannen, 

 Marquis Emilio Visconti-Venosta, and Gregere W. W. 

 Gram, being a majority of the arbitrators, assent to 

 the whole or the nine articles of the following regula- 

 tions as necessary outside of the jurisdiction limits of 

 the respective governments, and that they should ex- 

 tend over the waters hereinafter mentioned : 



1. The United States and Great Britain shall forbid 

 their citizens and subjects respectively to kill, capture, 

 or pursue at any time or in any manner whatever the 

 animals commonly called fur seals within a zone of 

 60 miles around the Pribylov Islands, inclusive of the 

 territorial water, the miles being geographical miles, 

 60 to a degree of latitude. 



- 2. The two governments shall forbid their citizens 

 or subjects to kill, capture, or pursue in any manner 

 whatever, during a season extending in each year from 

 May 1 to July 31 inclusive, fur seals on the high sea 

 in that part of the Pacific Ocean inclusive of Bering 

 Sea situated north of the thirty -fifth degree of north 

 latitude or eastward of the one h undred and eightieth 

 degree of longitude from Greenwich until it strikes 

 the water boundary described in Article I of the 

 treaty of 1867 between the United States and Russia, 

 following that line up to Bering strait. 



3. During the period of time in the waters in which 

 fur sealing is allowed only sailing vessels shall be 

 permitted to carry on or take part in fur-sealing oper- 

 ations. They will, however, be at liberty to avail 

 themselves of the use of such canoes or undecked 

 boats, propelled by paddles, oars, or sails, as are in 

 common use as. fishing boats. 



4. Each sailing vessel authorized to carry on fur 

 sealing must be provided with a special license issued 

 for the purpose by its Government. Each vessel so 

 employed shall be required to carry a distinguishing 

 flag prescribed by its Government. 



5. The masters of vessels engaged in fur sealing 

 shall enter accurately in an official log book the date 

 and place of each operation, the number and the sex 

 of the seals captured daily. These entries shall be 

 communicated t>y each or the two governments to 

 each other at the end of each season. 



6. The use of nets, firearms, or explosives is forbid- 

 den in fur sealing. This restriction shall not apply 

 to shotguns when such are used in fishing outside of 

 Bering Sea during the season when such may lawfully 

 be carried on. 



7. The two governments shall take measures to 

 control the fitness of the men authorized to engage in 

 sealing. These men shall have been proved fit to 

 handle with sufficient skill the weapons by means of 

 which seal fishing is carried on. 



8. The preceding regulations shall not apply to In- 

 dians dwelling on the coast of the territories of the 

 United States or Great Britain, carrying on fur sealing 

 in canoes or undecked boats not transported by or 

 used in connection with other vessels and propelled 

 wholly by paddles, oars, or sails, and manned by not 

 more 'than 5 persons, in the way hitherto practiced 

 by the Indians, provided that such Indians are not 



