New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-12
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THEODORE B. STARR,
206 Fifth Avenue,
Madison Square
THE BEHRING SEA TREATY
TEXT OF THE CONVENTION BETWEEN
THIS COUNTRY AND ENGLAND.

OF THE CLAIMS AGAINST THE UNITED STATES
FOR SEIZURES OF SEALING VESSELS
Washington, June 1.-THE text Of the Convention |
between the Governments Of the United States and
Great Britain. providing for the settlement OF the |
claims presented by Great Britain against the United
States on account OF Bchring Sea sealers
made public to-day. This treaty was first con-
Guided between Sir Julian Pauncefote and Secretary
Oney on February 5. and was transmitted 70 the
Senate by President Cleveland on February TO- The
Senate Committee Foreign Relations amended
and reported 1t to the Senate April S. Ratifica
tons between Lord Salisbury and Ambassador
Bayard exchanged last week. The treaty Is
follows:
Whereas. BY treaty between the United States Of
Kingdom OF Great Britain and ireland. signed at
Washington on February 29 1892 the questions which
had arisen between their respective Governments
concerning the jurisdictional rights of the United
States In the waters Of Behrlng Sea- and concerning
also the preservation OF the fur seal in or habualy
rssoriing the said sea. and the rights Of the
citizens and subjects Of either country regards the
taking OF fur seal In or habltuay resorting to the
said waters. were submitted TO Tribunal Of Arbi-
tration as therein constituted and.
found themselves unable to agree upon "A reference
which would include the question Of the liability Of
each for the Injuries alleged 10 have been sustained
by the other. by Its citizens. In connection with
the claims presented and urged by it, did by Article
VIII Of the said treaty agree that either party might
submit the arbitrator any questions Of fact in
volved In said claims and ask for binding decision
thereof, the question OF the liability OF either Gov
eminent on the facts found TO be the subject of
further negotiation. and.
Whereas. The agent OF Great Britain did, In ac-
cordance with the provisions Of said Article VIII.
submit TO the Tribunal Of Arbitration certain ind
ings OF fact which were agreed to as proved by the
agent Of the United States and the arDrators did
unanimously find the facts 10 set forth to be true:
as appears by the award OF the Tribunal rendered
on the 18th day OF August 1893; and.
Whereas. In view of the said finding OF fact and
OF the decision of the Tribunal of Arbitration con;
corning the turlsiictlonal rights OF the United
OF property OF The United States in fur seals fire.
quenting the Islands OF the nited states IN 5ehr-
DESTROYS that In far It's liability is not already
fixed and determined by the findings of fact and
question Of such liability should be definitely and
fully settled ana d ana h
ton Of the treaty aforesaid and the award and
ton may be due TO Great Britain from the United
States and
WHAT ENGLAND CLAIMS
whereas 1t Is claimed by Great Britain. though
no: admitted by the United States. that prior 10
the said award certain other claims against the
United States accrued IN favor Of Great Britain on
account Of seizures OF interference with the fol-
lowing named British sealing vessels. to wit: The
| Wanderer the Winifred the Henrietta. and the
oscar and Hattie and It Is for the mutual interest
| and convenience OF both the high contracting
parties that tho liability Of tho United States. II
any. and the amount Of compensation to be paid II
| any In respect OF such claims and each OF them
! should be also determined under the provisions OF
his convention all claims by Great Britain under
Article Y OF the mOdus yvendi OF April II. lNR,
for the abstention Of fishing 81 British seaers dur
naf, !,g waived before the Tribunal Of Xrbtra-
The United states OF America and Her Majesty
the Queen OF the United Kingdom Of Great Britain
/ ana ireland. 10 the end Of concluding convention
Observation-Disclosures: Tho President Of the tinted
States the Hon. Richard Olney. Secretary Of state,
| and Her Majesty the Queen OF the United Kng lon
| OF Great Britain and Ireland tho Right Hon. Julian
Pauncrfo,e, q 9 -, G. G. NJ c.. Her MaJestys
Ambassador Extraordinary and Plenipotentiary TO
| tho United States who after having communicated
to each other their respective fun powers which
| concluded the following articles
REFERRED TO ARBITRATION
| Article THE high contracting parties agree
| that All claims on account OF injuries sustained
| By persons In whose behalf Great Britain is en-
titled t. claim compc nsation from the United States
and arising by virtue Of the treaty aforesaid. the
award and the finding OF the sad Tribunal II Arbi-
,rat,on AS also the additional claims specified In the
| ann paragraph OF the preamble hereto, shall be
| referred 10 two commissioners. one OF whom shall
be APPOINTED by the President OF the United States
| and the other by Her Britannia Majesty and each
Of whom shall be learned IN the law .,,,.r.
Appended to this convention Is a list OF the claims
| intended To- be referred
| Article 1.-THE two commissioners shall meet a,
yicforia I'm the province OF British Columbia.
| canada a. soon as practicable after the exch
OF the ratlcatiuns OF TINS convention, ana. hltrr
,aking an oath that they will fairly and impartlay
investigate the claims referred 10 them and render
| n just decision thereon, they shal proceed JOINTLY
| to the discharge OF their duties The commission
| shall also ait AT San Francisco Cal. IA well as
| Victoria provided either commissioner shall 20
request II nc shall be OF opinion that the Interests
| OF Justice shall also require. FOR reasons to be
| recorded on the minutes
| DUTIES OF THE COMMISSIONERS.
| Article Il-The said commissioners shall deter
mine the liability of the United States. II any. In
| respect TO each claim. and assess the amount OF
compensaton II any. to be paid on account thereof
| so far az they shall he able to agree thereon
| and their decision snail be accepted by the two
| Governments a. final. They shall be authorized
| TO hear and examine on oath or ahirnation when
each OF said commissioners ~ herepy empowered 70
| aimnistrater or receive. every question OF fact
not found by the Tribunal OF Arbitration and TO re-
all suitable au.henIe tsst mo
shall have the right to raise the question or us
&, shali be proved that the vessel was wholly or In
part the actual property OF citizen OF Inc ohi,eI
| Francisco or Victoria. shall have and exercise all
such powers for the procurement or the enforce
mcnt Of testimony as may hereafter De proViu'u oy
Hr'ce eommssS.crs may aPPSCnt IA she he
| ,rsms,cIion OF the business OF the commission
Article YIN the cases, II any In which The com com
missioners shall fail to agree. they snail transmit
to each Government Joint EFFORTS s a. IN All
wsich pI their opinions have been formed and any
such differences shall be referred for inai adjnS;-
rnmenis Jointly or case OF disagreement. to be
nominated by the President OF the Swiss Confedera-
| In a. the request of the two Governments.
Article Win case OF the death or ncapGftlty to
from sickness or any other ,b eaSo Gi eHer o.
| Vie ulare shall be filed in the manner herein pro-
,,idsd for tho original appointment
Article vIIEach .overnment sna p royae ' Sl
!, ,rhe enumeration OF the umpire. II one should
h o annointed and all contingent and incidental ex-
,ana ~ tho commission of the umpire. shall be
to1roved nv the two Governments In equal moieties
Article VIII-The amount awarded to Great BRIT
IN rnd.r this convention on account or any claim,
an, shall be paid by the Government Of the nlteo
o., os 10 he Government Of Her Britannia Majesty
,hIn s,x months after the amount thereof shall
have been finally ascertained. 80, 49,.
"",r,cle IX-The present convention Shall be du.y
r,,inrd by the President Of the lnited states ol
America by and with the advice ana consent OF tnt
srnn,,o thereof and by Her Britannia Majesty; ano
The ratifcations shall be exchanged either at Wash
,ne,on or AT London within six months from th'
da;a hereof or earlier II possible. $1,000.
Tn faith whereof. we. the respective plenlppten
uaries have signed this convention and have mere
u' nona in duplicate Washington. the I'm day Of
,oh' ,sam RICHARD OLNEY.