APPENDIX TO CASE OF GREAT BRITAIN. 977 
4 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 distinct 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? 
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 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 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 pro- 
tection and preservation of the fur-seal in, or habitually resorting to, the Behring 
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 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 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 
5 question should not interrupt or longer delay the submission and determina- 
tion 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 sub- 
ject 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 Report 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- 
life in Behring’s Sea, and the measures necessary for its proper protection and pres- 
ervation. 
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 contingency of their being used by the Arbitrators 
cannot arise. 
ARTICLE X. 
Each Government shall pay the expenses of its members of the Joint Commission 
in the investigation referred to in the preceding Article. 
BS, PT V. 62 
