1126 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Then somewhat further on, on the next page, this language oc- 

 curs : 



" Great Britain did not recognize or concede any claim, upon the part 

 of Russia, to exclusive jurisdiction as to the seal fisheries in Bering 

 Sea, outside of ordinary territorial waters." 



Then again on the same page the award reads: 



" no exclusive rights of jurisdiction in Bering Sea and no exclusive 

 rights as to the seal fisheries therein were held or exercised by Russia 

 outside of ordinary territorial waters after the Treaty of 1825." 



Then a little further on, in the award, this statement occurs : 



" the United States has not any right of protection or property in the 

 fur seals frequenting the islands of the United States in Bering Sea, 

 when such seals are found outside the ordinary three-mile limit." 



There, if the Tribunal please, is an award following a treaty be- 

 tween the two great Powers now before this Tribunal, in which the 

 cannon-shot rule is identified with the 3-mile rule, and further dis- 

 cussion upon that question will I submit be needless before this 

 Tribunal. 



Mr. President, it has not escaped my attention, that when you first 

 put this question to me at the morning session of Friday last, you 

 made an inquiry as to the limitations, within which seals could be 

 taken, which were fixed by the award. You did not include that 

 phase in your statement of the question the second time, but I now 

 desire to reply, in order to cover in full the question put by you, Mr. 

 President, to that feature of your inquiry. 



The Behring Sea Tribunal had the right, under the provisions of 

 the submission, to establish, as between the citizens of the United 

 States and the subjects of Great Britain, any regulations which the 

 Tribunal considered reasonable in order to protect this industry, and 

 under those provisions of the treaty submitting the matter to arbitra- 

 tion, the Fur Seal Tribunal found that it was advisable to prescribe 

 a zone of 60 miles around the Pribiloff Islands, and to make regula- 

 tions therefor. I will not further comment about that zone, because 

 it is manifestly plain from the reading of the treaty itself that there 

 was a special submission giving to the Tribunal the right to prescribe 

 regulations that should be binding upon the two Powers, at least, who 

 were parties to that submission. 



I now pass to the question which Sir Charles Fitzpatrick put to me 

 just before the close of the last session of the Tribunal, and which 

 appears at p. 674 of the record of these arguments. The question is : 



" SIR CHARLES FITZPATRICK : Before we separate, I understood you, 

 Mr. Warren, to say that there had been no assertion of jurisdiction 

 during the period intervening between 1812 and 1818 beyond those 

 cases in which Judge Wallace had declared that there had been no 

 violation of the territorial jurisdiction of Great Britain. I want to 



