Page.

MISCELLANEOUS:

Sealskins from the Pribilof Islands entered at San Francisco, 1872 to 1889

Sales of sealing schooners..

409

410

Letter from Judge James G Swan concerning Bering Sea Commissioners

and H. W. Elliott..

414

Report of speech made by one of the British Bering Sea Commissioners..

Declaration of seizure of the British schooner Mountain Chief............

Certificates as to sale of schooners seized

Tables of annual killings, Pribilof Islands, 1871-1889

INDEX OF COUNTER CASE

INDEX OF APPENDIX

418

419

421

425

431

447

COUNTER CASE

OF

THE UNITED STATES.

INTRODUCTION.

Pursuant to Article IV of the Treaty of Ar- Counter Case.
bitration of 1892, between the United States
and Great Britain, the Agent of the United States
herewith presents to the Tribunal of Arbitration
the Counter Case of his Government, accom-
panied by certain additional documents, corre-
spondence, and evidence, in reply to the Printed.
Case, documents, correspondence, and evidence
heretofore submitted by Great Britain.

The United States conceive it to be the main Object of same.
object of the Counter Cases to present matter in
rebuttal of such points raised by the Cases as
have not already been sufficiently dealt with, and
could not reasonably have been so dealt with,
therein. They do not, therefore, regard them-
selves as now called upon to traverse all the posi-

12364-1

1

Object of same. tions maintained by Great Britain in its Printed
Case, and, where any of such positions not dis-
cussed or refuted herein are at variance with those
assumed by the United States in their Printed
Case, the Tribunal is respectfully referred to that
document for a sufficient expression of their views
concerning the matters in controversy.

Original British
Case and supple-

ment.

The United States will deal more fully and
at later stages of this controversy, through the
printed and oral arguments of their Counsel, with
all matters requiring argumentative discussion.
On the 5th day of September, 1892, the Agent
of the United States received from the Agent of
Her Britannic Majesty copies of the Printed Case
of Great Britain. The United States considered
that the Case thus presented was not a full com-
pliance with the terms of the Treaty. A diplo-
matic correspondence between the two Govern-
ments followed, in which the position of the
United States in regard to this matter was fully
set forth,' and, as a result of this correspondence,
Her Majesty's Government delivered to the Agent
of the United States and to the Arbitrators the
Report of its Bering Sea Commission, accompa-
nied by the statement that the Government of
the United States was at liberty to treat this
Report as a part of the British Case. The United

1 Post, p. 139.

Case and supple

States have accordingly notified Her Majesty's Original British Government that they regard the Case first pre- ment. sented and the above Report, taken together, as the whole of the British Case, and that no further opportunity is afforded under the Treaty for the introduction of matter not properly in reply to the Case of the United States.1

For the sake of more convenient reference the term "British Case," when standing alone, will refer to that portion of the same first presented. The term "Report" will refer to the portion last presented, consisting of the Report aforesaid.

1 Post, p. 147.