common agreement between the Governments of the United States and of Great Britain. "The said concurrent regulations shall be submitted every five years to a new examination, so as to enable both interested Governments to consider whether, in the light of past experience, there is occasion for any modification thereof. "And whereas the Government of Her Britannic Majesty did submit to the Tribunal of Arbitration by article VIII of the said Treaty certain questions of fact involved in the claims referred to in the said article VIII, and did also submit to us, the said Tribunal, a statement. of the said facts, as follows, that is to say: "FINDINGS OF FACT PROPOSED BY THE Agent of GREAT BRITAIN AND AGREED TO AS PROVED BY THE AGENT FOR THE UNITED STATES, AND SUBMITTED TO THE TRIBUNAL OF ARBITRATION FOR ITS CONSIDERA TION. 6 1. That the several searches and seizures, whether of ships or goods, and the several arrests of masters and crews, respectively mentioned in the Schedule to the British Case, pages 1 to 60 inclusive, were made by the authority of the United States Government. The questions as to the value of the said vessels or their contents or either of them, and the question as to whether the vessels mentioned in the Schedule to the British Case, or any of them, were wholly or in part the actual property of citizens of the United States, have been withdrawn from and have not been considered by the Tribunal, it being understood that it is open to the United States to raise these questions or any of them, if they think fit, in any future negotiations as to the liability of the United States Government to pay the amounts mentioned in the Schedule to the British Case; "2. That the seizures aforesaid, with the exception of the "Pathfinder" seized at Neah-Bay, were made in Behring Sea at the distances from shore mentioned in the Schedule annexed hereto marked "C;" "3. That the said several searches and seizures of vessels were made by public armed vessels of the United States, the commanders of which had, at the several times when they were made, from the Executive Department of the Government of the United States, instructions, a copy of one of which is annexed hereto, marked "A" and that the others were, in all substantial respects, the same: that in all the instances in which proceedings were had in the District Courts of the United States resulting in condemnation, such proceedings were begun by the filing of libels, a copy of one of which is annexed hereto, marked "B", and that the libels in the other proceedings were in all substantial respects the same: that the alleged acts or offences for which said several searches and seizures were made were in each case done or committed in Behring Sea at the distances from shore aforesaid; and that in each case in which sentence of condemnation was passed, except in those cases when the vessels were released after condemnation, the seizure was adopted by the Government of the United States: and in those cases in which the vessels were released the seizure was made by the authority of the United States; that the said fines and imprisonments were for alleged breaches of the municipal laws of the United States, which alleged breaches were wholly committed in Behring Sea at the distances from the shore aforesaid; "4. That the several orders mentioned in the Schedule annexed hereto and marked "C" warning vessels to leave or not to enter Behring Sea were made by public armed vessels of the United States the commanders of which had, at the several times when they were given, like instructions as mentioned in finding 3, and that the vessels so warned were engaged in sealing or prosecuting voyages for that purpose, and that such action was adopted by the Government of the United States; "5. That the District courts of the United States in which any proceedings were had or taken for the purpose of condemning any vessel seized as mentioned in the Schedule to the Case of Great Britain, pages 1 to 60, inclusive, had all the jurisdiction and powers of Courts of Admiralty, including the prize jurisdiction, but that in each case the sentence pronounced by the Court was based upon the grounds set forth in the libel. “SIR, "'ANNEX A. "TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, 66 "Referring to Department letter of this date, directing you to proceed with the revenue-steamer Bear, under your command, to the seal Islands, etc., you are hereby clothed with full power to enforce the law contained in the provisions of Section 1956 of the United States' Revised Statutes, and directed to seize all vessels and arrest and deliver to the proper authorities any or all persons whom you may detect violating the law referred to, after due notice shall have been given. "You will also seize any liquors or fire-arms attempted to be introduced into the country without proper permit, under the provisions of Section 1955 of the Revised Statutes, and the Proclamation of the President dated 4th February, 1870. "Respectfully yours, "Captain M. A. HEALY, 666 Signed: C. S. FAIRCHILD, "Commanding revenue-steamer Bear, San-Francisco, California.' "ANNEX B. IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA. “‘AUGUST SPECIAL TERM, 1886. "To the Honourable Lafayette Dawson, Judge of said District Court: "The libel of information of M. D. Ball, Attorney for the United States for the District of Alaska, who prosecutes on behalf of said United States, and being present here in Court in his proper person, in the name and on behalf of the said United States, against the schooner Thornton, her tackle, apparel, boats, cargo, and furniture, and against all persons intervening for their interest therein, in a cause of forfeiture, alleges and informs as follows: "That Charles A. Abbey, an officer in the Revenue Marine Service of the United States, and on special duty in the waters of the district of Alaska, heretofore, to wit, on the 1st day of August, 1886, within the limits of Alaska Territory, and in the waters thereof, and within the civil and judicial district of Alaska, to wit, within the waters of that portion of Behring sea belonging to the said district, on waters navigable from the sea by vessels of 10 or more tons burden, seized the ship or vessel commonly called a schooner, the Thornton, her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons to the said Attorney unknown, as forfeited to the United States, for the following causes: "That the said vessel or schooner was found engaged in killing fur-seal within the limits of Alaska Territory, and in the waters thereof, in violation of section 1956 of the Revised Statutes of the United States. "And the said Attorney saith that all and singular the premises are and were true, and within the Admiralty and maritime jurisdiction of this Court, and that by reason thereof, and by force of the Statutes of the United States in such cases made and provided, the afore mentioned and described schooner or vessel, being a vessel of over 20 tons burden, her tackle, apparel, boats, cargo, and furniture, became and are forfeited to the use of the said United States, and that said schooner is now within the district aforesaid. "Wherefore the said Attorney prays the usual process and monition of this honourable Court issue in this behalf, and that all persons interested in the before-mentioned and described schooner or vessel may be cited in general and special to answer the premises, and all due proceedings being had, that the said schooner or vessel, her tackle, apparel, boats, cargo, and furniture may, for the cause aforesaid, and others appearing, be condemned by the definite sentence and decree of this honourable Court, as forfeited to the use of the said United States, according to the form of the Statute of the said United States in such cases made and provided. "Signed: M. D. BALL, "United States District Attorney for the District of Alaska. "‘ANNEX (. "The following table shows the names of the British sealing-vessels seized or warned by United States revenue cruizers 1886-1890, and the approximate distance from land when seized. The distances assigned in the cases of the Carolena, Thornton and Onward are on the authority of U. S. Naval Commander Abbey (see 50th Congress, 2nd Session, Senate Executive Documents N° 106, pp. 20, 30, 40). The distances assigned in the cases of the Anna Beck, W. P. Sayward, Dolphin and Grace are on the authority of Captain Shepard U. S. R. M. (Blue Book, United States N° 2, 1890.-pp. 80-82. See Appendix, vol. III).' Neah Bay is in the State of Washington, and the Pathfinder was seized there on charges made against her in the Behring Sea in the previous year. She was released two days later. "And whereas the Government of Her Britannic Majesty did ask the said Arbitrators to find the said facts as set forth in the said statement, and whereas the Agent and Counsel for the United States Govcrnment thereupon in our presence informed us that the said statement of facts was sustained by the evidence, and that they had agreed with the Agent and Counsel for Her Britannic Majesty that We, the Arbitrators, if we should think fit so to do, might find the said statement of facts to be true. "Now, We, the said Arbitrators, do unanimously find the facts as set forth in the said statement to be true. "And whereas each and every question which has been considered by the Tribunal has been determined by a majority of all the Arbitrators; "Now We, Baron de Courcel, Lord Hannen, Mr. Justice Harlan, Sir John Thompson, Senator Morgan, the Marquis Visconti Venosta and Mr. Gregers Gram, the respective minorities not withdrawing their votes, do declare this to be the final Decision and Award in writing of this Tribunal in accordance with the Treaty. "Made in duplicate at Paris and signed by us the fifteenth day of August in the year 1893. "And We do certify this English Version thereof to be true and accurate. "ALPH. DE COURCEL. "JOHN M. HARLAN. "JOHN T. MORGAN. "HANNEN. "JNO S D THOMPSON. "VISCONTI VENOSTA. "G. GRAM." "Declarations made by the Tribunal of Arbitration and Referred to the Governments of the United States and Great Britain for their consideration. “I. "The Arbitrators declare that the concurrent Regulations, as determined upon by the Tribunal of Arbitration, by virtue of article VII of the Treaty of the 29th of February 1892, being applicable to the high sea only, should, in their opinion, be supplemented by other Regulations applicable within the limits of the sovereignty of each of the two Powers interested and to be settled by their common agreement. "II. In view of the critical condition to which it appears certain that the race of fur-seals is now reduced in consequence of circumstances not fully known, the Arbitrators think fit to recommend both Governments to come to an understanding in order to prohibit any killing of fur-seals, either on land or at sea, for a period of two or three years, or at least one year, subject to such exceptions as the two Governments might think proper to admit of. Such a measure might be recurred to at occasional intervals if found beneficial. "III. "The Arbitrators declare moreover that, in their opinion, the carrying out of the Regulations determined upon by the Tribunal of Arbitration, should be assured by a system of stipulations and measures to be enacted by the two Powers; and that the Tribunal must, in consequence, leave it to the two Powers to decide upon the means for giving effect to the Regulations determined upon by it. "We do certify this English version to be true and accurate and have signed the same at Paris this 15th day of August 1893. "I approve declarations I. and III. "I approve declarations 1. and III. 66 ALPH DE COURCEL. "HANNEN. "JNO SD THOMPSON. By an act of February 21, 1893, it was provided that whenever the Government of the United States should conclude an effective a 27 Stat. 472. |