EXCHANGE of Notes between Great Britain and Servis. prolonging to July 1, 1893, the Provisional Commercial Agreement of February 14, 1890.* - Belgrade, January 1893.

No. 1.-Her Majesty's Chargé d'Affaires at Belgrade to the Sevriar Minister for Foreign Affairs.

M. LE MINISTRE,

Belgrade, January 4, 1886. I HAVE the honour to acknowledge the receipt of your Exlency's note of this date, in which you inform me that the Servi Government adhere to their desire to prolong the Provisiota. Commercial Agreement of the 14th February, 1890, for six month only from the January, 1893.

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13th

I regret that your Excellency has found it impossible to acced to the wish of Her Majesty's Government that the prolongation should be for a year, but under the circumstances I am authorized by the Earl of Rosebery, Her Majesty's Principal Secretary of

* Vol. LXXXII, page 8.

State for Foreign Affairs, to accept on behalf of Her Majesty's Government the prolongation of the Provisional Commercial Agreement between England and Servia for six months, that is to say, till the July, 1893.

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I have also the honour to repeat to your Excellency that when he Servian Government make known their wishes with respect to new Commercial Treaty, their communication will receive the early attention of Her Majesty's Government, who are prepared at ›nce to commence negotiations.

I trust your Excellency will do me the honour to send an arly reply on behalf of the Servian Government, and avail nyself, &c.,

M. Avacoumovitch.

VAUX OF HARROWDEN.

No. 2.-The Servian Minister for Foreign Affairs to Her Majesty's Chargé d'Affaires at Belgrade.

10 Janvier, 1893

MILORD, Belgrade, le 2 Décembre, 1802 J'AI l'honneur de vous accuser réception de la note par laquelle vous avez pris la peine de m'informer que son Excellence Lord Rosebery, Secrétaire d'Etat pour les Affaires Étrangères, vous a autorisé à accepter, au nom du Gouvernement de Sa Majesté Britannique, la prolongation jusqu'au Juillet, 1893, de l'Arrangement Commercial Provisoire conclu entre l'Angleterre et la Serbie le 14 Février, 1890.

Le présent échange de notes devant fixer l'accord intervenu entre nos deux Gouvernements, les instructions nécessaires vont être données aux autorités douanières de Serbie en vue de la mise en application de l'accord en cause.

En conséquence, j'ai l'honneur de recourir à vos bons offices, Milord, en vous priant de vouloir bien intervenir auprès de votre Haut Gouvernement pour que des instructions analogues soient données aux Douanes du Royaume-Uni.

Déférant au désir que vous m'avez exprimé au nom de votre Gouvernement, je ne manquerai pas de faire le nécessaire pour que prochainement, après avoir pris l'avis de mon collègue M. le Ministre de l'Agriculture et du Commerce, des négociations soient engagées entre nos deux Gouvernements, en vue de la conclusion d'un Traité de Commerce définitif.

En vous communiquant ce qui précède, j'ai, &c., Lord Vaux of Harrowden.

J. AVACOUMOVITCH.

AWARD of the Tribunal of Arbitration, constituted under Article I of the Treaty concluded at Washington on the 29th February, 1892,* between Great Britain and the United States (Seal Fishery in Behring Sea).- Paris, August 15, 1893.

[English Version.]

WHEREAS by a Treaty between the United States of America and Great Britain, signed at Washington the 29th February, 1892, the ratifications of which by the Governments of the two countries were exchanged at London on the 7th May, 1892, it was, among other things, agreed and concluded that the questions which had arisen between the Government of the United States of America and the Government of Her Britannic Majesty, concerning the jurisdictional rights of the United States in the waters of Pebring Sea, and concerning also the preservation of the fur-seal in o habitually resorting to the said sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seals in or habitually resorting to the said waters, should be submitted to a Tribunal of Arbitration to be composed of seven Arbitrators, wh should be appointed in the following manner, that is to say: two should be named by the President of the United States; 10 should be named by Her Britannic Majesty; his Excellency the President of the French Republic should be jointly requested by the High Contracting Parties to name one; His Majesty the King of Italy should be so requested to name one; His Majesty the King of Sweden and Norway should be so requested to name one the seven Arbitrators to be so named should be jurists of dis tinguished reputation in their respective countries, and the selecting Powers should be requested to choose, if possible, jurists who are acquainted with the English language;

And whereas it was further agreed by Article II of the sad Treaty that the Arbitrators should meet at Paris within twenty days after the delivery of the Counter-Cases mentioned in Article IV, and should proceed impartially and carefully to examine and decide the questions which had been or should be laid before them as in the said Treaty provided on the part of the Governments of the United States and of Her Britannic Majesty respectively, and that all questions considered by the Tribunal, including the final decision. should be determined by a majority of all the Arbitrators ;

And whereas by Article VI of the said Treaty it was further provided as follows:

* Vol. LXXXIV, page 48.

"In deciding the matters submitted to the said 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 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 ?

"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 ?

"4. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries in Behring Sea east of the water boundary, in the Treaty between the United States and Russia of the 30th March, 1867, pass unimpaired to the United States under that Treaty ?

"5. Has the United States any right, and if so what right, of protection or property in the fur-seals frequenting the islands of the United States in Behring Sea when such seals are found outside the ordinary 3-mile limit ?”

And whereas by Article VII of the said Treaty it was further agreed as follows:

"If the determination of the foregoing questions as to the exclusive jurisdiction of the United States shall leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of Regulations for the proper protection and preservation of the fur-seal in, or habitually resorting to, the Behring Sea, the Arbitrators shall then determine what concurrent Regulations, outside the jurisdictional limits of the respective Governments, are necessary, and over what waters such Regulations should extend;

"The High Contracting Parties furthermore agree to co-operate in securing the adhesion of other Powers to such Regulations;"

And whereas by Article VIII of the said Treaty, after reciting that the High Contracting Parties had found themselves unable to agree upon a reference which should include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it, and that "they were solicitous that this subordinate question should not interrupt or longer delay the submission and determination of the main questions," the High Contracting Parties agreed that "either of them might submit to the Arbitrators any

question of fact involved in said claims and ask for a finding thereon, the question of the liability of either Government upon the facts found to be the subject of further negotiation;"

And whereas the President of the United States of Ameries named the Honourable John M. Harlan, Justice of the Supreme Court of the United States, and the Honourable John T. Morgan, Senator of the United States, to be two of the said Arbitrators: and Her Britannic Majesty named the Right Honourable Lord Hannen and the Honourable Sir John Thompson, Minister of Justice and Attorney-General for Canada, to be two of the ssid Arbitrators; and his Excellency the President of the French Republic named the Baron de Courcel, Senator, Ambassador of France, to be one of the said Arbitrators; and His Majesty the King of Italy named the Marquis Emilio Visconti Venosta, former Minister of Foreign Affairs and Senator of the Kingdom of Italy, to be one of the said Arbitrators; and His Majesty the King of Sweden and Norway named M. Gregers Gram, Minister of State. to be one of the said Arbitrators;

And whereas we, the said Arbitrators so named and appointed. having taken upon ourselves the burden of the said Arbitration, and having duly met at Paris, proceeded impartially and carefully to examine and decide all the questions submitted to us, the said Arbitrators, under the said Treaty, or laid before us as provided in the said Treaty on the part of the Governments of Her Britannic Majesty and the United States respectively :

Now we, the said Arbitrators, having impartially and carefully examined the said questions, do in like manner by this our Award decide and determine the said questions in manner following, that is to say, we decide and determine as to the five points mentioned in Article VI, as to which our Award is to embrace a distinct decision upon each of them:

As to the first of the said five points, we, the said Baron de Courcel, Mr. Justice Harlan, Lord Hannen, Sir John Thompson. Marquis Visconti Venosta, and M. Gregers Gram, being a majority of the said Arbitrators, do decide and determine as follows:

By the Ukase of 1821 Russia claimed jurisdiction in the sea now known as the Behring Sea to the extent of 100 Italian miles from the coasts and islands belonging to her; but in the course of the negotiations which led to the conclusion of the Treaties of 1824* with the United States and of 1825† with Great Britain, Russia admitted that her jurisdiction in the said sea should be restricted to the reach of cannon-shot from shore, and it appears that, from that time up to the time of the cession of Alaska to the + Vol. XII, page 38.

Vol. XII, page 595.