23'2 THE FUR SEALS OF THE PKIISILOF ISLANDS. 



resorting to the sai'.l sea, and tlie rights of the citizens and subjects of either country 

 as regards tlie taking of fur seals in or habitually resorting to f lie said waters, should 

 be submitted to a tril)unal of arbitration to be composed of seven arbitrators, who 

 should be ajipointed in the following manner, that is to say: Two should be named by 

 the President of the United States; two should be named by Her IJritaiwdc ]\IaJesty; 

 His I'^xcelleucy the President of the French Jiepublio should be jointly requested by 

 tlie high coutractiug parties to name one; His Majesty the King of Italy should lie so 

 reiinested to name one; His Majjesty the King of Sweden and Xorway should be so 

 iei|nested t<3 name one; the seven arbitrators to be so named should i)e jurists of 

 distinguished reputation in their respective countries, and the .selecting ])owers should 

 be requested to choose, if ])ossible, jurists who are acquainted witli the English 

 language; 



And wliereas it was further agreed by Article II of the sai<l treaty that the 

 arbitrators should meet at Paris within twenty days after the delivery of the counter 

 cases mentioned in Article IV, and should proceed imitartially and carefully to 

 examine and deciile the ({uestions which had l)een or should be laid before them as in 

 the said treaty provided on the part of the Governments of the United States and of 

 Her Britannic Majesty, respectively, and that all questions considered by the tribunal, 

 including the final decision, should be determined by a majority of all the arbitrators; 



And whereas by Article VI of the said treaty it was further i)rovided as follows: 



In (leciiling tlie matters .subniitteil to the said arbitrators, it is agreed tliat the following live 

 points shall he suhniitted to them in order tliat their award shall embrace a distinct decision iipou 

 eai'h of said five points, to wit; 



1. What exclusive jurisdiction in the sea now known as ISeriug Sea, and what exclusive rights in 

 the seal tishenes therein, did Russia assert and exercise jirior and up to the time of the cession of 

 Alaska to the United States f 



2. How far were these claims of jurisdiction as to the seal lisheries recognized .and conceded by 

 Great Hritain? 



3. Was the body of water now known as Bering Sea included in the phrase I'acilic Ocean, as used 

 in the treaty of 1825 between Great Britain and Kiissia; and what rights, if any, in Bering Se.i were 

 held and exclusively exercised by Russia alter said treaty i 



4. Did not 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 SOth of March, 1867, 

 pass unimpaired to the United States under that treaty f 



5. Has the Unit<'d States any right, and if so, what right, of protection or property in the fur 

 seals frequentin:^' the islands of the United .States in Bering Sea when such seals are found outside the 

 ordinary 3-mile limit? 



And whereas by Article A'll of the said treaty it was further agreed as follows: 



If the determination of the foregoing questions as to the exclusive jurisdiction of the United 

 States shall leave the subject in such position that the concurrence of Great Britain is necessary to 

 the establishment of regulations for the proper protection and ])re8ervation of the fur seal in, or 

 habitually resorting to, Bering Sea, the arbitrators shall then determine what concurrent regulations, 

 outside the jurisdiction limits of the respective Governments, are necessary, and OA'er what waters 

 such regulations should extend; 



The high contracting parties furthermore agree to coo])erate in securing the adhesion of other 

 powers to such regulations ; 



And whereas by Article VIII of the said treaty, after reciting that the high 

 contracting parties had found themselves unable to agree upon a reference which 

 should include the question of the liability of each for the injuries alleged to have been 

 sustained by the other, or by its citizens, in connection with the claims presented and 



