DECISION.

After a preamble stating the case submitted for decision, the full text of the award runs as follows: (New York Herald, August 16, 1893.):

"We decide and determine as to the five points mentioned in article 6, as to which our reward is to embrace a distinct decision upon each of them :

"As to the first of said five points, we, Baron de Courcel, John M. Harlan, Lord Hannen, Sir John S. D. Thompson, Marquis Emilio Visconti-Venosta and Gregero W. W. Gram, being a majority of said arbitrators, do decide as follows:

"By the ukase of 1821 Russia claimed jurisdiction in the sea now known as Behring Sea to the extent of one hundred Italian miles from the coasts and islands belonging to her, but in the course of the negotiations which led to the conclusion of the treaty of 1824 with the United States and the treaty of 1825 with Great Britain, Russia admitted that her jurisdiction in said sea should be restricted so as to reach a cannon shot from shore. It appears, that from that time up to the time of the cession of Alaska to the United States, Russia never asserted in fact or exercised any exclusive jurisdiction in Behring Sea or any exclusive rights to the seal fisheries therein beyond the ordinary limit of territorial waters.

"As to the second of the five points, we, Baron de Courcel, John M. Harlan, Lord Hannen, Sir John S. D. Thompson, Marquis Emilio Visconti-Venosta and Gregero W. W. Gram, being a majority of said arbitrators, decide and determine that Great Britain did not recognize or concede any claim upon the part of Russia to exclusive jurisdiction as to the seal fisheries in Behring Sea outside the ordinary territorial waters.

"As to the third point, as to so much thereof as requires us to decide whether the body of water now known as Behring Sea was included in the phrase 'Pacific Ocean' as used in the treaty of 1825 between Great Britain and Russia, we unanimously decide and determine that the body of water now known as Behring Sea was included in the phrase Pacific Ocean' as used in said treaty.

"On the fourth point we decide and determine that all the rights of Russia to jurisdiction and to the seal fisheries passed to the United States, limited by the cession."

On the fifth point the decision of the tribunal, Justice Harlan and Senator Morgan dissenting, was as follows:

"On the fifth point, we, Baron de Courcel, Lord Hannen, Sir John S. D. Thompson, Marquis Emilio Visconti-Venosta and Gregero W.

W. Gram, being the majority of said arbitrators, decide and determine that the United States have no right to the protection of or property in the seals frequenting the islands of the United States in Behring Sea when the same are found outside the ordinary threemile limit.

"And whereas the aforesaid determination of the foregoing questions as to the exclusive jurisdiction of the United States leaves the subject in such a position that the concurrence of Great Britain is necessary to the establishment of regulations for the proper protection and preservation of fur seals habitually resorting to Behring Sea, we, Baron de Courcel, Lord Hannen, Marquis Emilio ViscontiVenosta and Gregero W. W. Gram, being a majority of the arbitrators, assent to the whole of the nine articles of the following regulations as necessary outside of the jurisdiction limits of the respective governments, and that they should extend over the waters hereinafter mentioned:

"Art. 1.-The United States and Great Britain shall forbid their citizens and subjects respectively to kill, capture or pursue at any time or in any manner whatever the animals commonly called fur seals within a zone of sixty miles around the Pribyloff Islands, inclusive of the territorial water, the miles being geographical miles, sixty to a degree of latitude.

“Art. 2.—The two governments shall forbid their citizens or subjects to kill, capture or pursue in any manner whatever during a season extending in each year from May 1 to July 31 inclusive fur seals on the high part of the sea in that part of the Pacific Ocean inclusive of Behring Sea, situated north of the thirty-fifth degree of north latitude, or eastward of the 180th degree of longitude from Greenwich until it strikes the water boundary described in article 1 of the treaty of 1867 between the United States and Russia, following that line up to Behring Straits.

"Art. 3.-During the period of time in the waters in which fursealing is allowed only sailing vessels shall be permitted to carry on or take part in fur-sealing operations. They will, however, be at liberty to avail themselves of the use of such canoes or undecked boats, propelled by paddles, oars or sails, as are in common use as fishing boats.

"Art. 4.-Each sailing vessel authorized to carry on fur-sealing must be provided with a special license issued for the purpose by its government. Each vessel so employed shall be required to carry a distinguishing flag prescribed by its government.

"Art. 5.-The masters of vessels engaged in fur-sealing shall enter accurately in an official log-book the date and place of each operation, the number and the sex of the seals captured daily. These entries

shall be communicated by each of the two governments to each other at the end of each season.

"Art. 6.—The use of nets, firearms or explosives is forbidden in fur-sealing. This restriction shall not apply to shotguns when such are used in fishing outside of Behring Sea during the season when such may lawfully be carried on.

“Art. 7.—The two governments shall take measures to control the fitness of the men authorized to engage in sealing. These men shall have been proved fit to handle with sufficient skill the weapons by means of which seal fishing is carried on.

"Art. 8.—The preceding regulations shall not apply to Indians dwelling on the coast of the territories of the United States or Great Britain carrying on fur-sealing in canoes or undecked boats not transported by or used in connection with other vessels and propelled wholly by paddles, oars or sails, and manned by not more than five persons, in the way hitherto practised by the Indians, provided that such Indians are not employed by other persons, and provided that when so hunting in canoes or undecked boats the Indians shall not hunt fur seals outside the territorial waters under contract to deliver skins to anybody. This exemption is not to be construed to affect the municipal law of either country, nor shall it extend to the waters of Behring Sea or the waters around the Aleutian Islands. Nothing herein contained is intended to interfere with the employment of Indians as hunters or otherwise in connection with sealing vessels as heretofore.

"Art. 9.--The concurrent regulations hereby determined with a view to the protection and preservation of the fur seals shall remain in force until they have been wholly or in part abolished or modified by a common agreement between the United States and Great Britain. Said concurrent regulations shall be submitted every five years to a new examination in order to enable both governments to consider whether in the light of past experience there is occasion to make any modification thereof."

The arbitrators make a special finding on the facts agreed upon by the agents of both governments with reference to the seizure of British vessels in Behring Sea in 1887 and 1889. In addition the arbitrators make certain suggestions to the two governments, the most important being that they should come to an understanding to prohibit the killing of seals on land or sea for a period of from one to three years, and should enact regulations to carry out the findings of the arbitrators.1

1 This decision forms a fitting end of the struggle of three hundred years for the freedom of the seas; it is to be hoped that it will not again be questioned.

B.

THE DECLARATION OF PARIS, 1856.

DECLARATION RESPECTING MARITIME LAW, SIGNED BY THE PLENIPOTENTIARIES OF GREAT BRITAIN, AUSTRIA, FRANCE, PRUSSIA, RUSSIA, SARDINIA, AND TURKEY, ASSEMBLED IN CONGRESS AT PARIS, APRIL 16, 1856.

THE Plenipotentiaries who signed the Treaty of Paris of the 30th of March, 1856, assembled in conference,-Considering:

That Maritime Law, in time of war, has long been the subject of deplorable disputes;

That the uncertainty of the law, and of the duties in such a matter, gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts;

That it is consequently advantageous to establish a uniform doctrine on so important a point;

That the Plenipotentiaries assembled in Congress at Paris cannot better respond to the intentions by which their governments are animated than by seeking to introduce into international relations fixed principles in this respect:

The above-mentioned Plenipotentiaries, being duly authorized, resolved to concert among themselves as to the means of attaining this object; and, having come to an agreement, have adopted the following solemn declaration:

1. Privateering is, and remains abolished.

2. The neutral flag covers enemy's goods, with the exception of contraband of war.

3. Neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag.

4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.

The Governments of the undersigned Plenipotentiaries engage to bring the present Declaration to the knowledge of the states which have not taken part in the Congress of Paris, and to invite them to accede to it.

Convinced that the maxims which they now proclaim cannot but be received with gratitude by the whole world, the undersigned Plenipotentiaries doubt not that the efforts of their governments to obtain the general adoption thereof will be crowned with full suc

cess.

The present Declaration is not and shall not be binding, except between those Powers who have acceded, or shall accede to it. Done at Paris, April 16, 1856.

C.

THE DECLARATION OF ST. PETERSBURG, 1868.

Considering that the progress of civilization should have the effect of alleviating, as much as possible, the calamities of war;

That the only legitimate object which states should endeavor to accomplish during war is to weaken the military force of the enemy;

That for this purpose, it is sufficient to disable the greatest possible number of men;

That this object would be exceeded by the employment of arms which uselessly aggravate the sufferings of disabled men, or render their death inevitable;

That the employment of such arms would, therefore, be contrary to the laws of humanity;

The contracting parties engage, mutually, to renounce, in case of war among themselves, the employment, by their military or naval forces, of any projectile of less weight than four hundred grammes, which is explosive, or is charged with fulminating or inflammable substances.

They agree to invite all the states which have not taken part in the deliberations of the International Military Commission, assembled at St. Petersburg, by sending delegates thereto, to accede to the present engagement.

This engagement is obligatory only upon the contracting or acceding parties thereto, in case of war between two or more of themselves; it is not applicable with regard to non-contracting powers, or powers that shall not have acceded to it.

It will also cease to be obligatory from the moment when, in a war between contracting or acceding parties, a non-contracting party, or a non-acceding party, shall join one of the belligerents.

The contracting or acceding parties reserve to themselves the right to come to an understanding, hereafter, whenever a precise proposition shall be drawn up, in view of future improvements which may be effected in the armament of troops, in order to maintain the principles which they have established, and to reconcile the necessities of war with the laws of humanity.

1