Fur Seal Arbitration Volume 1 (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: one marine league from the coast; that the public right to fish, catch seals, or pursue any other lawful occupation on the high seas can not be held to be abandoned by a nation from the mere fact that for a certain number of years it has not suited the subjects of that nation to exercise it; that fur seals were animals ferae naturae, and were res nullius until caught; that no person could have property in them until he had actually reduced them into possession by capture, and that any interference by the United States with the hunting and taking of these fur seals, in the open waters of the ocean, by the citizens or subjects of Great Britain, was a violation of rights secured to them by the law of nations. The result of the negotiations was the treaty of February 29, 1892, under which this Tribunal is proceeding. JURISDICTION AND RIKHTS ASSERTED AND EXERCISED It V RUSSIA IN BERING SEA, AND IN RESPECT TO THE SEAJL, FISHERIES IN THAT SEA, PRIOR TO THE CESSION OF 1867 OF ALASKA TO THE UNITED STATES. EFFECT OF THE TREATY CONCLUDED IN 1835 BETWEEN RUSSIA AND GREAT BRITAIN. THE RIGHTS THAT PASSED TO THE UNITED STATES It V THE TREATY OF CESSION OF 1867. With the knowledge of the origin and history of the controversy between the two Governments which the above statement furnishes we are the better prepared to consider the particular questions which this treaty requires this Tribunal to determine. By Article VI of the treaty of February 29, 1892, it was provided that "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 five points, to wit: "1. What exclusive jurisdiction in the sea now known as the Bering Sea. and what...