as to prevent their capturing seals or any other animals or fish either on such lands or in such territorial waters. 16. The United States have not, nor has any subject of the United States, any property in fur-seals until they have been reduced into possession by capture, and the property so acquired endures so long only as they are retained in control. 17. Fur seals are animals feræ naturæ, and the United States has no right of protection or property in fur seals when found outside the ordinary 3-mile limit, whether such seals frequent the islands of the United States in Behring Sea or not. 18. The right of the subjects of all nations to navigate and fish in the non-territorial waters of the sea now known as Behring Sea remains and exists free and unfettered, and cannot be limited or interfered with except with the concurrence of any nations affected. 19. No regulations affecting British subjects can be established for the protection and preservation of the fur seal in the non-territorial waters of Behring Sea without the concurrence of Great Britain. It is submitted on behalf of Great Britain to the Tribunal of Arbitration, that the questions raised in this arbitration are of far greater importance than the mere preservation of a particular industry; they involve the right of every nation of the world to navigate on and fish in the high seas, and to exercise without interference the common rights of the human race; they involve the question of the right of one nation by Proclamation to limit and interfere with rights which are the common heritage of all mankind. In defence of these rights and in the interests of all civilized nations, the above arguments are respectfully urged upon the consideration of the Tribunal. SCHEDULE OF CLAIMS. The schedule annexed to this Case contains particulars in connection with the claims presented under Article VIII of the Treaty of Arbitration, and the facts and evidence contained in the Schedule are submitted to the consideration of the Tribunal for the purposes stated at p. 12 of this Case. INDEX TO BRITISH CASE. A. Action of United States and Russia, 1867-1886... Page. 103 35 47 49 33, 50 112 104 91 99 123 96 75, 151 127 155 98 10 7 158 9 144 Bagot, Sir C., to Lord Londonderry, November 17, 1821, map of Behring Sea Bayard, Mr., on seizure of "Henrietta" by Russian Government Blaine, Mr., argument that Behring Sea not part of the Pacific. 95 65 18 130 131 on contention that Behring Sea is not included in the Pacific. 60 130 to Sir J. Pauncefote, 14th April, 1891. Claim of property interest C. Canning, Mr. G., to Duke of Wellington, September 27, 1822. to Sir C. Bagot, July 24, 1824 to Mr. S. Canning, December 8, 1824. Canning, Mr. S., to Lord Londonderry, February 19, 1822. to Mr. G. Canning, March 1, 1825. April 3, 1825. Census of Russian settlements in 1819 rights acquired by United States. Charts of Behring Sea and North Pacific... Conclusions to Chapter I. Page. 41 45 45 62 56 56 1 9 32 99 91 73 135 36 Fish, Mr., to Sir E. Thornton, January 22, 1875, asserts marine league to be limit of jurisdiction.. on convention of 1824.. Foreigners, competition of, with Russian-American Company. Forsyth, Mr., on case of the "Loriot," November 3, 1837. 136 137 140 101 149 109 37 80 "Forum," article in, by Professor Angell 75, 151 French, Mr., letter to Mr. d'Ancona, March 12, 1881. 111 |