Obrázky stránek
PDF
ePub

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.

[blocks in formation]

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...
Adams, Mr. J. Q., article in "North American Review"
to M. Poletica, February 25, 1822.

[blocks in formation]

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
sent by

[blocks in formation]

Bayard, Mr., on seizure of "Henrietta" by Russian Government

[blocks in formation]

Blaine, Mr., argument that Behring Sea not part of the Pacific.
disavows contention that Behring Sea is a mare clausum..

95

65

18

130

131

on contention that Behring Sea is not included in the Pacific.
on pelagic sealing..

60

130

to Sir J. Pauncefote, 14th April, 1891. Claim of property interest
in seals......

[blocks in formation]

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.

[blocks in formation]

April 3, 1825.

Census of Russian settlements in 1819
Cession of Alaska, debates on, in Congress.

rights acquired by United States.

Charts of Behring Sea and North Pacific...
Claim of property, a novel one..
Closed seas (see Mare clausum).

Conclusions to Chapter I.

Page.

41

45

45

62

56

56

1

9

32

99

91

73

135

36

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

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

« PředchozíPokračovat »