GENERAL CONTENTS. The case now submitted to the Arbitrators on the part of the Government of Her Britannic Majesty contains a statement of the facts which that Government considers to be material to enable the Arbitrators to arrive at a just conclusion upon the points submitted to them by the Treaty of Arbitration. It contains also some general propositions which that Government believes to be in accordance with the established principles of International Law, and upon which it intends to rely. The case is arranged as follows: Introductory Statement and Outline of Argument. Chapter 1, Head A: The User, up to the year 1821, of the Waters of Behr- Pages. 1-9 9-12 13-36 Chapter II, Head B: The Ukase of 1821, and the circumstances connected therewith leading up to the Treaties of 1824 and 1825... 37-58 Chapter III, Head C: The question whether the body of Water now known as Behring Sea is included in the phrase "Pacific Ocean," as used in. the Treaty of 1825 between Great Britain and Russia... 59-76 Chapter IV, Head D: The User of the Waters in question from 1821 to 1867. 77-90 Chapter VI, Head F: The action of the United States and Russia from 1867 to 1886 Chapter VII, Head G: Various contentions of the United States since the year 1886 Chapter VIII. Has the United States any right, and, if so, what right, of Chapter IX. General Conclusions upon the whole Case Conclusion Schedule of Claims: Statement of claims for compensation from the United in the Behring Sea during the years 1886, 1887, 1889, and 1890. 91-102 103-120 121-134 135-140 141-157 158-160 161 The appendix to the case consists of four volumes, the contents of which are as follows: Vol. 1. Miscellaneous documents quoted in the case. Vol. II, Part 1. Selections from correspondence between Great Britain and Russia, 1821-1825. Part 2. Selections from correspondence between the United States and Russia, 1822-1887. Part 3. Treaties: Russia and United States, 1824; Great Britain and Russia, 1825; Russia and United States, 1867. Vol. III. Correspondence respecting the Behring Sea seal fisheries. Papers presented to the British Parliament. Treaty and convention between Great Britain and the United States of February 29 and April 18, 1892. Vol. IV, Part 1. Map of the northwest coasts of America and the Aleutian and Kurile islands, published in the quartermaster-general's department, St. Petersburg, 1802. Part 2. Map of the northern portion of the North Pacific Ocean. 1 CASE PRESENTED ON BEHALF OF THE GOVERNMENT 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 wåters 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 2 District Court. 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 193° of west longitude. 50th Cong., 2nd Doc. No. 106, pp. Sess., Senate Ex. 120-130; Blue Book, United States, No.2, 1890, Certain other vessels were all also subsequently seized in PP. 2, 19, 30; see Appendix, Vol. 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, shail 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. Each of the High Contracting Parties shall also name one person to attend the Tribunal as its Agent to represent it generally in all matters connected with the arbitration. ARTICLE III. The printed Case of each of the two parties, accompanied by the documents, the official correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the Arbitrators and to the Agent of the other party as soon as may be after the appointment of the members of the Tribunal, but within a period not exceeding four months from the date of the exchange of the ratifications of this Treaty. Within three months after the delivery on both sides of the printed Case, either party may, in like manner, deliver in duplicate to each of the said Arbitrators, and to the Agent of the other party, a counter case, and additional documents, correspondence, and evidence, in reply to the case, documents, correspondence, and evidence so presented by the other party. If, however, in consequence of the distance of the place from which the evidence to be presented is to be procured, either party shall, within thirty days after the receipt by its Agent of the case of the other party, give notice to the other party that it requires additional time for the delivery of such counter case, documents, correspondence, and evidence, such additional time so indicated, but not exceeding sixty days beyond the three months in this Article, provided, shall be allowed. If in the case submitted to the Arbitrators either party shall have specified or alluded to any Report or document in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof; and either party may call upon the other, through the Arbitrators, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance notice thereof within thirty days after delivery of the Case; and the orig inal or copy so requested shall be delivered as soon as may be, and within a period not exceeding forty days after receipt of notice. ARTICLE V. It shall be the duty of the Agent of each party, within one month after the expiration of the time limited for the delivery of the counter case on both sides, to deliver in duplicate to each of the said Arbitrators and to the Agent of the other party a printed argument showing the points and referring to the evidence upon which his Government relies, and either party may also support the same before the Arbitrators by oral argument of counsel; and the arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument, or oral argument by counsel, upon it; but in such case the other party shall be entitled to reply either orally or in writing, as the case may be. ARTICLE VI. QUESTIONS FOR THE DECISION OF THE TRIBUNAL. In deciding the matters submitted to the 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 fire points, to wit: 1. What exclusive jurisdiction in the sea now known as the Behring 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? 5 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 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? |