APPENDIX TO CASE OF GREAT BRITAIN. 681 
Great Britain has never suggested that any rights were given to her 
or conceded to her by the said Treaty. All that was done was to recog- 
nize her natural right of free navigation and fishing in that as in all 
other parts of the Pacific Ocean. Russia did not give those rights to 
Great Britain, because they were never hers to give away. 
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 boundary in the Treaty between the United 
90 States and Russia of the 30th March, 1867, pass unimpared to the United States 
under that Treaty? 
This fourth question is hardly worth referring to an Arbitrator, as 
Great Britain would be prepared to accept it without dispute. 
The fifth proposed question runs as follows: 
5. What are now the rights of the United States as to the fur-seal fisheries in the 
waters of the Behring's Sea outside of the ordinary territorial limits, whether such 
rights grow out of the cession by Russia of any special rights or jurisdiction held 
by her in such fisheries or in the waters of Behring’s Sea, or out of the ownership of 
the breeding islands, and the habits of the seals in resorting thither and rearing their 
young thereon, and going out from the islands for food, or out of any other fact or 
incident connected with the relation of those seal fisheries to the territorial posses- 
sions of the United States? 
The first clause, ‘What are now the rights of the United States as to 
the fur-seal fisheries in the waters of the Behring’s Sea outside of the 
ordinary territorial limits?” is a question which would be very properly 
referred to the decision of an Arbitrator. But the subsequent clause, 
which assumes that such rights could have grown out of the ownership 
of the breeding islands, and the habits of the seals in resorting thereto, 
involves an assumption as to the prescriptions of international law at 
the present time to which Her Majesty’s Government are not prepared 
to accede. The sixth question, which deals with the issues that will 
arise in case the controversy should be decided in favour of Great Brit- 
ain, would perhaps more fitly form the substance of a separate refer- 
ence. Her Majesty’s Government have no objection to refer the general 
question of a close time to arbitration, or to ascertain by that means 
how far the enactment of such a provision is necessary for the preser- 
vation of the seal species; but any such reference ought not to contain 
words appearing to attribute special and abnormal rights in the matter 
to the United States. 
There is one omission in these questions which I have no doubt the 
Government of the President will be very glad to repair; and that is 
the reference to the Arbitrator of the question, what damages are due 
to the persons who have been injured, in case it shall be determined by 
him that the action of the United States in seizing British vessels has 
been without warrant in international law. Subject to these reserva- 
tions, Her Majesty’s Government will have great satisfaction in joining 
with the Government of the United States in seeking by means of 
arbitration an adjustment of the international questions which have so 
long formed a matter of controversy between the two Governments. 
I have to request that you will read this despatch to Mr. Blaine, and 
leave a copy of it with him should he desire it. 
Lam, We. 
(Signed) SALISBURY. 
