FINAL REPORT OF THE AGENT OF THE UNITED STATES. 7 



for Foreign Affairs stated, being desirous to facilitate tlie progress of 

 the arbitration, would furnish at once to thedovernnientof the United 

 States and to the arbitratoi^s the report of the lUitisli Conmiissioners 

 appointed under Article iX of the treaty, which might be treated as a 

 part of the ease of Great Britain. 



The Secretary of State, in reply to the British Secretary for Foreign 

 Affairs, concurred with him iu the view that the tilth i)oiut of Article 

 VI, respecting the right of protection or property in the seals, was a 

 question of law; but he insisted that the precise questions of law could 

 not be known and not therefore determined until the facts out of which 

 they arose were known, and that the facts concerning the nature and 

 habits of fur seals were in the highest degree important for a proper 

 determination of tlie question embraced in the tilth point. He dis- 

 sented from the opinion expressed that the submission of evidence was 

 dependent as to time upon any contingency; but he accepted the offer 

 to deliver the report of the British Commissioners as a part of the case 

 of Great Britain, assuming that it contained substantially all the matter 

 upon which that Government would rely to support its contentions in 

 respect to the nature and habits of the fur seals, and reserving the right 

 to protest against and oppose the submission to the arbitrators of any 

 matter which might be inserted in the British counter case not relevant, 

 by way of reply, to the case of the United States. 



On the oOth of September, 1892, I received notice from the agent of 

 Great Britain that, in accordance with the provisions of Article IV of 

 the Treaty of Arbitration, the Government of Great Britain would 

 require an additional period of sixty days within which to deliver its 

 counter case. 



On the 15ih of JSTovember, 1SD2, the British minister in Washington 

 delivered to me printed copies of the report of the British Commission- 

 ers as tendered to the Secretary for Foreign Affairs. This report was 

 found to contain a statement and discussion of the nature and habits 

 of the fur seals, of the present condition of the Pribilof seal herd, and 

 of the methods and effects of the killing of seals both in the water and 

 on the land. The report was also accompanied by various appendices 

 on these subjects. 



In accordance with the provisions of the treaty, the printed counter 

 case of the United States, with accompanying documents, correspond- 

 ence, and evidence, was delivered on the 'Ml of February, 181)3, to 

 the British agent and to the arbitrators. This counter case had been 

 prepared in accordance with the terms of the treaty, and was in strict 

 reply to the printed case of the British Government. 



The counter case of Great Britain was delivered to me within the 

 time required by the treaty; bnt when examined it was found to con- 

 tain a large body of evidence which could in no proper sense be 

 regarded as in reply to the case of the United States, and which, 

 under the terms of the treaty, should have been i^resented in the 



