I. Did  not  all  the  rights  of  Russia,  as  to  jurisdiction  and  as  to  the  seal  fisheries  in
Bering  Sea  east  of  the  water  boundary,  in  the  treaty  between  the  United  States  and
Russia  of  the  SOth  of  March,  18«>7,  pass  unimpaired  to  the  United  States  under  that
treaty?

5. Has  the  United  States  any  right,  and  if  so,  what  right,  of  protection  or  prop-
erty in  the  fur  seals  frequenting  the  islands  of  the  United  States  in  Bering  Sea  when
snch  seals  are  found  outside  the  ordinary  3-mile  lirnit^

And  whereas,  by  Article  VI I  of  the  said  treaty,  it  was  further  agreed
us  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
(ireat  Britain  is  necessary  to  the  establishment  of  regulations  for  the  proper  protec-
tion and  preservation  of  the  fur  seal  in,  or  habitually  resorting  to,  Bering  Sea. the
arbitrators  shall  then  determine  what  concurrent  regulations,  outside  the  jurisdic-
tion limits  of  the  respective  < Governments,  are  necessary,  and  over  what  \vat-  rs  such
regulations  should  extend;

The  high  contracting  parties  furthermore  agree  to  cooperate  in  securing  the  adhe-
sion 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  citi/.ens,  in  connection  with  the  claims  presented  and  urged  by  it,
and  that  u  they  were  solicitious  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  Tinted  States  of  America  named
the  Hon. John  M. Marian,  Justice  of  the  Supreme  Court  of  the  United
States,  and  the  Hon. John  T. Morgan,  Senator  of  the  United  States,  to
be  two  of  the  said  arbitrators,  and  Her  Britannic  Majesty  named  the
Right  Hon. Lord  Hannen  and  the  Hon. 