Se ae a et Te 
APPENDIX TO CASE OF GREAT BRITAIN. 939 
ARTICLE V. 
It shall be the duty of the Agent of each party, within one month after the expi- 
ration of the time limited for the delivery of the counter-case on both sides, to 
deliver in duplicate to each of the said Arbitrators and to the Agent of the other 
party a printed argument showing the points and referring to the evidence upon 
which his Government relies, and either party may also support the same before the 
Arbitrators by oral argument of counsel; and the Arbitrators may, if they desire 
further elucidation with regard to any point, require a written or printed statement 
or oral argument by counsel, upon it; but in such case the other party shall be 
entitled to reply either orally or in writing, as the case may be. 
ARTICLE VI. 
In deciding the matters submitted to the Arbitrators, it is agreed that the follow- 
ing five points shall be submitted to them, in order that their award shall embrace 
a destinct decision upon each of said five points, to wit: 
1. What exclusive jurisdiction in the sea now known as the Behring’s 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? 
158 2. How far were these claims of jurisdiction as to the seal fisheries recog- 
nized and conceded by Great Britain? 
3. Was the body of water now known as the Behring’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 Behring’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 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? 
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 Behring Sea 
when such seals are found outside the ordinary 3-mile limit? 
ARTICLE. VII. 
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 Sea, 
the Arbitrators shall then determine what concurrent Regulations outside the juris- 
dictional 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 High Contracting Parties furthermore agree to co-operate in securing the 
adhesion of other Powers to such Regulations. 
ARTICLE VIII. 
The High Contracting Parties having found themselves unable to agree upon a 
reference which shall include the question of the lability 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 ques- 
tion 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. 
ARTICLE IX. 
The High Contracting Parties having agreed to appoint two Commissioners on the 
part of each Government to make the joint investigation and Repori contemplated 
in the preceding Article VII, and to include the terms of the said Agreement in the 
present Convention, to the end that the joint and several Reports and recommenda- 
tions of said Commissioners may be in due form submitted to the Arbitrators, 
should the contingency therefor arise, the said Agreement is accordingly herein 
included as follows: 
Each Government shall appoint two Commissioners to investigate, conjointly with 
the Commissioners of the other Government, all the facts having relation to seal 
