32 AMERICAN DIPLOMATIC QUESTIONS 



The following five points, conceived to be the real issues in 

 the case, were expressed as follows, the award to embrace a 

 separate decision upon each : 



1. What exclusive jurisdiction in the sea now known as 

 the Behring's Sea, and what exclusive rights in the seal fish- 

 eries therein, did Russia assert and exercise prior and up to 

 the time of the cession of Alaska to the United States ? 



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 Russia ; and what rights, 

 if any, in the Bering's Sea were held and exclusively exercised 

 by Russia after said treaty ? 



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

 to the seal fisheries in Behring's Sea east of the water bound- 

 ary, in the treaty between the United States and Russia of 

 the 30th March, 1867, pass unimpaired to the United States 

 under that treaty? 



5. Has the United States any right, and if so, what right 

 of protection or property in the fur seals frequenting the 

 islands of the United States in the Behring's Sea when such 

 seals are found outside the ordinary three-mile limit ? 



The question of regulations was treated in the seventh 

 article of the convention as follows : 



If the determination of the foregoing questions as to the exclu- 

 sive 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 

 preservation of the fur-seal in, or habitually resorting to, the 

 Behring Sea, the arbitrators shall then determine what concurrent 

 regulations outside the jurisdictional limits of the respective Gov- 

 ernments are necessary, and over what waters such regulations 

 should extend, and to aid them in that determination the report 

 of a joint commission to be appointed by the respective Govern- 

 ments shall be laid before them, with such other evidence as 

 either Government may submit. 



The high contracting parties furthermore agree to cooperate in 

 securing the adhesion of other powers to such regulations. 



