ALASKA. 
59 
them as in the said treaty provided on the part of the Governments of the United 
States and of Her Britannic Majesty respectively, and that all questions con¬ 
sidered by the tribunal, including the final decision, should be determined by a 
majority of all the arbitrators; 
And whereas by Article VI of the said treaty, it was further provided as fol¬ 
lows : “ In deciding the matters submitted to the said arbitrators, it is agreed 
that the following 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: 
“ i. What exclusive jurisdiction in the sea now known as the Bering’s Sea, 
and what exclusive rights in the seal fisheries therein, did Russia assert and exer¬ 
cise 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 recog¬ 
nized and conceded by Great Britain? 
“3. Was the body of water now known as the Bering’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 Bering’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 fish¬ 
eries in Bering’s Sea east of the water boundary, in the treaty between the United 
States and Russia of the 30th of 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 
property in the fur-seals frequenting the islands of the United States in Bering 
Sea when such seals are found outside the ordinary three-mile limit? 
And whereas by Article VII of the said treaty it was further agreed, as follows 
ii If the determination of the foregoing questions as to the exclusive jurisdic¬ 
tion of the United States shall leave the subject in such position that the con¬ 
currence of Great Britain is necessary to the establishment of regulations for 
the proper protection and preservation of the fur seal in, or habitually resorting 
to, the Bering Sea, the arbitrators shall then determine what concurrent regula¬ 
tions, outside the jurisdictional limits of the respective Governments, are neces¬ 
sary, and over what waters such regulations should extend; 
“The High Contracting Parties furthermore agree to cooperate in securing 
the adhesion of other powers to such regulations; 
And whereas, by Article VIII of the said treaty, after reciting that the High 
Contracting parties had found themselves unable to agree upon a reference which 
should 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 that “ they were solicitous that this subordinate 
