ALASKA. 5:9 



them as in the said treaty provided on the part of the Governments of the United 

 States and ot Her Britannic Majesty respectively, and that all questions con- 

 sidered bv the tribunal, including the final decision, should be determined by a 

 majority of all the arbitrators; 



And whereas by Article VI ot the said treaty, it was further provided as fol- 

 lows : " In deciding the matters submitted to the said arbitrators, it is agreed 

 that the following five points shall be submitted to them in order that their 

 award shall embrace a distinct decision upon each ot said five points, to wit: 



" 1. What exclusive jurisdiction in the sea now known as the Bering's Sea, 

 and what exclusive rights in the seal fisheries therein, did Russia assert and exer- 

 cise prior and up to the time of the cession of Alaska to the United States ? 



" 2. How far were these claims ot jurisdiction as to the seal fisheries recog- 

 nized and conceded by Great Britain ? 



" 3. Was the body of water now known as the Bering'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 fish- 

 eries in Bering's Sea east of the water boundary, in the treaty between the United 

 States and Russia of the 30th of March, 1867, pass unimpaired to the United 

 States under that treaty? 



" 5. Has the United States any right, and it so, what 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?" 



And whereas by Article VII of the said treaty it was further agreed, as follows 



"If the determination of the foregoing questions as to the exclusive jurisdic- 

 tion of the United States shall leave the subject in such position that the con- 

 currence 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 Bering Sea, the arbitrators shall then determine what concurrent regula- 

 tions, outside the jurisdictional limits of the respective Governments, are neces- 

 sary, and over what waters such regulations should extend ; 



" The High Contracting Parties furthermore agree to cooperate 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 tor the injuries alleged to have 

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

 presented and urged by it, and that " they were solicitous that this subordinate 



