GENERAL CONTENTS. The case now submitted to the Arbitrators on the part of the Gov- It contains also some general propositions which that Government The case is arranged as follows: Introductory Statement and Outline of Argument... Arrangement of Case and Heads of Argument.. Chapter I, Head A: The User, up to the year 1821, of the Waters of Behr- Pages. as Behring Sea is included in the phrase "Pacific Ocean," as used in. the Treaty of 1825 between Great Britain and Russia.... Chapter IV, Head D: The User of the Waters in question from 1821 to 1867. Chapter V, Head E: What rights passed to the United States under the Chapter VII, Head G: Various contentions of the United States since the Chapter VIII. 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 Sea when such seals are found outside the ordi- Schedule of Claims: Statement of claims for compensation from the United in the Behring Sea during the years 1886, 1887, 1889, and 1890. The appendix to the case consists of four volumes, the contents of Vol. I. Miscellaneous documents quoted in the case. Vol. II, Part 1. Selections from correspondence between Great Britain and Russia, Part 2. Selections from correspondence between the United States and Rus- Part 3. Treaties: Russia and United States, 1824; Great Britain and Russia, Vol. III. Correspondence respecting the Behring Sea seal fisheries. Papers presented Vol. IV, Part 1. Map of the northwest coasts of America and the Aleutian and Kurile Part 2. Map of the northern portion of the North Pacific Ocean. 1 CASE PRESENTED ON BEHALF OF THE GOV-. ERNMENT OF HER BRITANNIC MAJESTY TO THE TRIBUNAL OF ARBITRATION. INTRODUCTORY STATEMENT. The differences between Great Britain and the United States of America, the subject of this Arbitration, arise out of claims by the United States of America to prevent and interfere with British vessels fishing in the waters of Behring Sea other than the territorial waters thereof. Prior to the year 1886 British vessels had, in common with the vessels of the United States and those of other nations, navigated and fished in the non-territorial waters of Behring Sea without interference. SEIZURES OF BRITISH SHIPS. In 1886 the British schooner "Thornton" was arrested when fishing 70 miles south-east of St. George Island, the nearest land. The vessel was libelled in the United States District Court of Alaska by the District Attorney, the charge formulated being that the vessel was "found engaged in killing fur seals within the limits of Alaska Territory and in the waters thereof, in violation of Section 1956 of the Revised Statutes of the United States." The vessel was condemned, and the master and mate were imprisoned and fined. The British schooners "Carolena" and "Onward" were seized about the same time when fishing under similar circumstances, and were subsequently condemned by the District Court. 2 The Judge (in summing up the case of the "Thornton") ruled that the law above mentioned applied to all the waters of Behring Sea east of 1930 of west longitude. 50th Cong., 2nd Doc. No. 106, pp. Sess., Senate Ex. 120-130; Blue PP. 2, 19, 30; see Certain other vessels were all also subsequently seized in non-territorial waters, and the fishing of British vessels III. was interfered with under the circumstances hereinafter stated. Great Britain protested against this action on the part of the United States, and negotiations took place, which eventually resulted in the Treaty and Convention entered into at Washington on the 29th February and the 18th April, 1892. The Treaty is as follows: TREATY OF 1892. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America, being desirous to provide for an amicable settlement of the questions which have arisen between their respective Governments concerning the jurisdictional rights of the United States in the waters of Behring Sea, and concerning also the preservation of the fur-seal in or habitually resorting to the said sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seal in or habitually resorting to the said waters, have resolved to submit to arbitration the questions involved, and to the end of concluding a Convention for that purpose have appointed as their respective Plenipotentiaries: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefote, G. C. M. G., K. C. B., Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States; and the President of the United States of America, James G. Blaine, Secretary of State of the United States; Who, after having communicated to each other their respective Full Powers, which were found to be in due and proper form, have agreed to and concluded the following Articles: ARTICLE I. The questions which have arisen between the Government of Her Britannic Majesty and the Government of the United States concerning the jurisdictional rights of the United States in the waters of Behring Sea, and concerning also the preservation of the fur seal in or habitually resorting to the said sea, and the rights of the citizens and subjects of either country as regards the taking of fur seal in or habitually resorting to the said waters, shall be submitted to a Tribunal of Arbitration, to be composed of seven Arbitrators, who shall be appointed in the following manner, that is to say: two shall be named by Her Britannic Majesty; two shall be named by the President of the United States; his Excellency the President of the French Republic shall be jointly requested by the High Contracting Parties to name one; His Majesty the King of Italy shall be so requested to name one; and His Majesty the King of Sweden and Norway shall be so requested to name one. The seven Arbitrators to be so named shall be jurists of distinguished reputation in their respective countries; and the selecting Powers shall be requested to choose, if possible, jurists who are acquainted with the English language. 3 In case of the death, absence, or incapacity to serve of any or either of the said Arbitrators, or in the event of any or either of the said Arbitrators omitting or declining or ceasing to act as such, Her Britannic Majesty, or the President of the United States, or his Excellency the President of the French Republic, or His Majesty the King of Italy, or His Majesty the King of Sweden and Norway, as the case may be, shall name, or shall be requested to name forthwith, another person to act as Arbitrator in the place and stead of the Arbitrator originally named by such head of a State. And in the event of the refusal or omission for two months after receipt of the joint request from the High Contracting Parties of his Excellency the President of the French Republic, or His Majesty the King of Italy, or His Majesty the King of Sweden and Norway, to name an Arbitrator, either to fill the original appointment or to fill a vacancy as above provided, then in such case the appointment shall be made or the vacancy shall be filled in such manner as the High Contracting Parties shall agree. ARTICLE II. The Arbitrators shall meet at Paris within twenty days after the delivery of the counter cases mentioned in Article IV, and shall proceed impartially and carefully to examine and decide the questions that have been or shall be laid before them as herein provided on the part of the Governments of Her Britannic Majesty and the United States respectively. All questions considered by the Tribunal, including the final decision, shall be determined by a majority of all the Arbitrators. |