56 PROTOCOLS. 



As to tlie fourth of the said live points mentioned in Article VI, the 

 followinj^- decision was i)roi)ose(l by Lord Jiannen: 



That all tLe rights of Russia as to jurisdiction and as to the seal fisheries in 

 Bering Sea east of the water bonndary in the treaty between tlie United States and 

 Russia of the 30th March, 18G7, did pass nnimpaired to the United States under the 

 said treaty. 



This proposition was nnaniniously ado^jtcd. 



As to the ilftli of the said live points mentioned in Article VI, the 

 following decision was proposed by Lord llannen: 



The United States has not any right of jjrotectiou or property in the fnr seals fre- 

 quenting the islands of the United States in Bering Sea, when snch seals are found 

 outside the ordinary S-uiile limit. 



Tliis proposition was ado])tod l)y a majority, composed of Baron de 

 Conrcel, Lord llannen, Sir Jolin Thonipson, Marquis Visconti Venosta, 

 aud Mr. Gregors Gram. Mr. Justice Harlan and Senator Morgan voted 

 in the negative, and stated that, in their opinion, the United States 

 owned the herd of seals which frequented the islands of the United 

 States in Bering Sea, and were entitled to employ for their protection, 

 when found outside the ordinary 3 -mile limit, the same means that an 

 individual might legally employ for the protection of his property. They 

 also stated tliat in tlieir opinion, independently of any right of proi)erty 

 in the fur-seals themselves, the United States, as the owner and pro- 

 l)rietor of the industry conducted on the Pribilof Islands, and which 

 industry consisted in taking fur-seals on those ishmds for connnercial 

 purposes, had the right to protect these animals against being taken 

 in the open w.iters of Bering Sea and the North Bacific Ocean outside 

 of territorial waters, by any method, such as pelagic sealing, which 

 Avould necessarily extenninate the race. 



Senator Morgan thereupon submitted the following nuition: 



I propose to amend the proposed aAvard and decree by inserting, after the words 

 not mil/, the word special, and at the end of the proposed award and decree, the 

 following words: "heyond iher'ufltts that all ualious liavc under the hiteiiKilioiial law, in 

 rcftpect of Helf-proleciion and self-defense." 



So that the entire award, as to point five in Article VI of the treaty, would read as 

 follows, viz: .-/,s 1o He fifth of ihe said x>oin1s, tre, heiiig a majoritu of the said arhiira- 

 lors, do decide and delermiiie that ihe United States has iiot any special riyht of protection 

 or property in the fnr seals frequenting ihe islands of the United Stales in Bering Sea, 

 v-hen snch seals are found outside the ordinary 3-mile limit, heyond ihe rights that all 

 nations hare, niider tlie international law, in respect of self-protection and self-defense. 



Mr. Justice Harlan and Senator Morgan voted in favor of this amend- 

 ment, stating thai sis their views, as above set forth, upon the question 

 of pro])erty and protection, were not accepted by the majority, they 

 would prefer the :inswer to the tit'ih point to be in the words indicated 

 by the last amendment- ])roi)()sed by Senator Moi-gan, rather than in 

 the Avords approved by the miijoi-ity. 



Lord llannen, Sir John Thompson, IManpiis Visconti Venosta, aud 

 J\lr. Gregers Gram voted against the proi)osed aiueudment. 



