ALASKA INDUSTRIES. 287 



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 pro- 

 vided as follows : 



In deciding the matters submitted to the said arbitrators, it is agreed that the fol- 

 lowing five points shall be submitted to them in order that their award shall embrace 

 a distinct decision upon each of said five points, to wit : 



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

 exclusive rights in the seal fisheries 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 Bering Sea includedan the phrase Pacific 

 Ocean, as used in the treaty of 1825 between Great Britain and Russia; and what 

 rights, if any, in Bering 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 

 Bering 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 if so, what right, of protection or prop- 

 erty in the fur seals frequenting the islands of the United States in Bering Sea when 

 such seals are found outside the ordinary 3-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 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 protec- 

 tion and preservation of the fur seal in, or habitually resorting to, Bering Sea, the 

 arbitrators shall then determine what concurrent regulations, outside the jurisdic- 

 tion limits of the respective Governments, are necessary, and over what waters such 

 regulations should extend; 



The high contracting parties furthermore agree to cooperate in securing the adhe- 

 sion of other powers to such regulations; 



And whereas, by Article YIII 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 urged by it, 

 and that "they were solicitious that this subordinate question should 

 not interrupt or longer delay the submission and determination of the 

 main questions," the high contracting parties agreed that u either of 

 them might submit to the arbitrators any question of fact involved in 

 said claims and ask for a finding thereon, the question of the liability 

 of either Government upon the facts found, to be the subject of further 

 negotiation; 



And whereas the President of the United States of America named 

 the Hon. John M. Harlan, Justice of the Supreme Court of the United 

 States, and the Hon. John T. Morgan, Senator of the United States, to 

 be two of the said arbitrators, and Her Britannic Majesty named the 

 Bight Hon. Lord Hannen and the Hon. Sir John Thompson, minister 

 of justice and attorney-general for Canada, to be two of the said 

 arbitrators, and His Excellency the President of the French Republic 

 named the Baron de Courcel, senator, ambassador of France, to be 

 one of the said arbitrators; and His Majesty the King of Italy named 

 the Marquis Einilio Visconti Yenosta, former minister of foreign affairs 

 and senator of the Kingdom of Italy, to be one of the said arbitrators; 

 and His Majesty the King of Sweden and Norway named Mr. Gregers 

 Gram, minister of state, to be one of the said arbitrators; 



And whereas we, the said arbitrators so named and appointed, hav- 



