APPENDIX TO CASE OF GREAT BRITAIN. 913 
1a 
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 States 
and Russia of the 30th March, 1867, pass unimpaired to the United States under that 
Treaty? = 
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 Behring’s Sea when 
such seals are found outside the ordinary three-mile limit? i 
Wake 
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, the Behring’s 
Sea, the Arbitrators shall then determine what concurrent Regulations outside the 
jurisdictional limits of the respective Governments 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 Governments, shall 
be laid before them, with such other evidence as either Government may submit. 
The Contracting Powers furthermore agree to co-operate in securing the adhesion 
of other Powers to such Regulations. 
Vil. 
The respective Governments having found themselves unable to agree upon a refer- 
ence which shall 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, being solicitous that this subordinate question 
should not interrupt or longer delay the submission and determination of the main 
questions, do agree that either may 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. 
(Signed) JAMES G. BLAINE. 
DECEMBER 18, 1891. JULIAN PAUNCEFOTE. 
136 Text of the Behring’s Sea Joint Commission Agreement as settled in the Diplomatic 
Correspondence between the Government of Great Britain and the Government of 
the United States. 
Each Government shall appoint two Commissioners to investigate conjointly 
with the Commissioners of the other Government all the facts having relation to 
seal life in Behring’s Sea, and the measures necessary for its proper protection and 
preservation. 
The four Commissioners shall, so far as they may be able to agree, make a joint 
Report to each of the two Governments, and they shall also report, either jointly or 
severally, to each Government on any points upon which they may be unable to 
agree. 
“These Reports shall not be made public until they shall be submitted to the Arbi- 
trators, or it shall appear that the contingeucy of their being used by the Arbitra- 
tors cannot arise. 
(Signed) JULIAN PAUNCEFOTE, 
JAMES G. BLAINE. 
DECEMBER 18, 1891, 
No. 195. 
The Marquis of Salisbury to Sir J. Pauncefote. 
(Telegraphic.] 
FOREIGN OFFICE, December 29, 1891. 
Your telegram of the 22nd instant. 
You should make it clear to Mr. Blaine that Her Majesty’s Govern- 
ment urge the appointment of seven Arbitrators, 
BS, PT V——d8 
