74 CHAPTER VI. 



Point 5 of Article .VI. — Has the United States any Right, and if so, 

 u'hat Bight of Protection or Property in the Fur-seals frequenting the 

 Islands of the United States in Behring Sea, when such seals are found 

 outside the ordinary 3-mile limit f 



The United States Contentions. 



(1.) United States Case, p. 57 — 



"By the Ukase of 1821 Russia had publicly claimed certain unusual jurisdiction 



both over Behring Sea and over a portion of the Pacific Ocean 



Eussia never songht to prevent vessels from jiassing through Bering Sea in order 

 to reach the Arctic Ocean; nor did she always strictly enforce the prohibition 

 of whaling within the distance of 100 miles from its shores; but, so far as the 

 fur-seals are concerned, it will be made to appear in what follows that the 

 jurisdiction in question was always exercised for their protection.'' 



(2.) United States Case, p. 85 — 

 "In determining what right of protection or property this Government has in the 

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

 seals are found outside of the ordinary 3-mile limit, it is not compelled, neither 

 does it intend, to rest its case altogether upon the jurisdiction over Bering Sea 

 established or exercised by Russia prior and up to the time of the cession of 

 Alaska. It asserts that, quite independently of this jurisdiction, it has a right 

 of protection and property in the fur-seals frequenting the Pribiloff Islands 

 when found outside the ordinary 3-mile limit, and it bases this right upon the 

 established principles of the common and the civil law, upon the practice of 

 nations, upon the laws of natural history, and upon the common interests of 

 mankind." 



(3.) United States Case, pp. 231, 232— 



"It may be laid down as a principle, established by international usage, that any 

 nation which has a peculiar interest in the continued existence of any valuable 

 marine product, located in the high .seas adjacent to its coasts or territorial 

 waters, may adopt such measures as are essential to the preservation of the 

 species, without limitation as to the distance from land at which such necessary 

 measures may be enforced." 



(4.) United States Case, p. 237— 



"This hasty review of the legislation of near a score of nations clearly establishes 

 the principle announred tliat any nation, having a peculiar interest in the con- 

 tinued existence of aiiimnl life on the high seas, adjacent to its coasts or territo- 

 rial waters, may adopt such measures as nre essential to its preservation, without 

 limit as to the distance Ironi land at which such measures may be enforced." 



(5.) United States Case, pp. 295, 296— 

 "The United States, upon the evidence herewith submitted .",nd referred to, claim 



that the following propositions of fii(t have been I'ully established: 



That at all times, when in the water, the identity of each individual can be 

 established with certainty, and that at all times, whether during its short excur- 

 sions from the islands in search of food or its longer winter migration, it has a 

 fixed intention, or instinct, which induces it to return thereto." 



B S, PT VIII 5 65 



