FINAL REPORT OF THE AGENT OF THE UNITED STATES. 11 



protection or property with the matter of conciirroiit regulations neces- 

 sary for the preserv^ation of the seals. The decision and the protocols 

 lead to the conclusion that the neutral arbitrators looked to the regu- 

 lations as the best method of adjusting the difierences which had arisen 

 between the two litigant nations, and that the argnnieiits of counsel for 

 the United States on the right of protection and proj^erty did not, as a 

 consequence, have the weight which the arbitrators would have attached 

 to them if that had been the only question referred for decision. It is 

 to be iuferred that they conceived it just and practicable to decide the 

 fifth point against the United States, and yet attain the main object of 

 the treaty, the preservation of the seals, by the adoi)tion of stringent 

 regulations as to pelagic sealing. 



Their mistake was not apparent until they had decided the fifth point 

 and came to consider the subject of regulations. Having reached a 

 conclusion in favor of the rigiit of pelagic sealing, it became necessary, 

 in their well-meant effort to reach a compromise between the conflicting 

 interests, to frame such regulations as would, on the one hand, allow 

 pelagic sealing to be carried on with profit, and, on the other hand, not 

 seriously impair the seal herd. This insoluble problem doubtless 

 occasioned them long and anxious deliberations and greatly delayed 

 the final decision. The protocols show that the Tribunal was brought 

 face to face with this problem. When Mr. Justice Harlan submitted a 

 resolution to the efiect that the purpose of Article VII of the treaty 

 was to secure the proper protection and preservation of the seals, and 

 that in the framing of regulations no extent of pelagic sealing should 

 be allowed which, would seriously endanger the accomplishment of that 

 end, he and Senator Morgan recorded the only votes in its favor, the 

 other arbitrators declining to vote or giving reasons why they could 

 not assent to the declaration. 



The regulations as finally framed and promulgated are the result of 

 an honest and conscientious effort on the part of the neutral arbitrators 

 to do all that they conceived possible and necessary for the protection 

 and preservation of the seal herd consistent with their decision on the 

 fifth point. These regulations go much further than the provisions 

 which our Government has proi^osed in the past, but it is to be observed 

 that later investigations have revealed perils to which the seals are 

 exposed not then known. It is to be hoped that the regulations when 

 put in operation will realize the best expectations of the Tribunal. 

 Much depends upon the manner in which they are enforced. It is not 

 to be doubted that both Grovernraents, in deference to the expressed 

 directions of the Tribunal and to their own obligations, will adopt all 

 necessary legislation and rules to give them full force and effect. If 

 the recommendation made by the Tribunal for a complete cessation of 

 taking seals both on land and at sea for a few years be adopted, I shall 

 look for satisfactory results from the operation of the regulations. 



I transmit herewith the original award of the Tribunal of Arbitration 

 and the original protocols of the sessions of the Tribunal. 



