United States.

shall be such as under all the circumstances is
just and equitable, and shall be promptly paid.'

Printed Case of In accordance with the provisions of Article
III of the Treaty of February 29, 1892, the
Government of the United States has the honor
to submit to the Arbitrators, duly appointed
in virtue of Article I thereof, this Printed Case
of the United States, accompanied by the docu-
ments, the official correspondence, and the other
evidence on which it relies.

Division of Case.

The body of the Case is divided into two
parts. The first part embraces a consideration
of the first four questions contained in Article VI
of the Treaty, and is introduced by a brief
geographical and historical review of Bering Sea
and its adjoining coasts and islands.

The second part relates mainly to the fifth
question in Article VI and to Article VII, and
involves a consideration of the right of protection
and property in the fur-seals frequenting the
Pribilof Islands, when outside the ordinary
three-mile limit. These topics will require a
somewhat detailed inquiry into the seal life and
industry.

There will follow a brief consideration of the
question of damages submitted to the Tribunal
of Arbitration.

pro

Further provision was made in the Treaty of Further vision of Treaty. February 29, 1892, as follows:

ARTICLE IX.

"The High Contracting Parties have agreed sion to investigate Joint commisto appoint two Commissioners on the part of each seal life. Government to make the joint investigation and report contemplated in the preceding Article VII, and to include the terms of the said agreement in the present Convention, to the end that the joint and several reports and recommendations of said Commissioners may be in due form submitted to the Arbitrators, should the contingency therefor arise, the said agreement is accordingly herein included, as follows:

"Each Government shall appoint two Commissioners to investigate conjointly with the Commissioners of the other Government all the facts having relation to seal life in Behring's Sea, and the measures necessary for its proper protection and preservation.

"The four Commissioners shall, so far as they may be able to agree, make a joint report to each of the two Governments, and they shall also report, either jointly or severally, to each Government on any points upon which they

may be unable to agree.

"These reports shall not be made public until

Reports of Commissioners.

Appendix.

INTRODUCTION.

they shall be submitted to the Arbitrators, or it
shall
appear that the contingency of their being
used by the Arbitrators can not arise."

The four Commissioners named by the two Governments have united in a joint report upon certain points under consideration by them; and, having failed to agree upon other points considered by them in their joint conferences, the two Commissioners on the part of the United States have united in a separate report to their own Government. The joint and separate reports are appended hereto for the information and consideration of the Tribunal of Arbitration.

The documents, official correspondence, and other evidence submitted with this Printed Case will be found contained in two printed Volumes and a portfolio of maps and charts, constituting together the Appendix. The Volumes will be referred to in the Case thus: "Vol. I, p. 1," and the maps and charts will be indicated by the numbers marked on them. The lithographic illustrations will be referred to by the pages of the Appendix which precede them.

The Government of the United States understands, however, that, under the terms of the Treaty, it may hereafter present "additional documents, correspondence, and evidence," and it reserves the right to do so.

PART FIRST.

RELATING TO HISTORICAL AND JURISDICTIONAL QUESTIONS.

2716-2

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