PKOTOCOLS. 65 



had Ro acted out of rog^ard for liussia and Japan, powers not repre- 

 sented before the Tribunal of Arbitration, and toward the waters of 

 whom it appeared not equitable to drive back the Englisli and Ameri- 

 can pelagic searlers during the whole time of the close season. Never- 

 theless, as far as he Avas coni'erned he did not desire to do anything 

 which might be prejudicial to the position of Great Britain or of the 

 LTnited States in the negotiation which the Governments of these two 

 countries might engage ultimately with Eussia and Japan. In conse- 

 quence he accejited the amendment proposed by Lord llannen. 

 This amendment was unanimously agreed to. 



The whole of article 2 of tlie draft, modified and com])leted by the 

 two amendments which had been made to it, was voted affimatiNcly by 

 the Baron de Courcel, Lord lianncn, Sir Jolni Thompson, Marquis Vis- 

 con ti Veuosta, and JMr.Gregers Gram. Mr. Justice Harlan and Senator 

 Moi'gan voted in the negative. 



The text of article 3 of the draft, after an exchange of views between 

 the arbitrators, was modified in its last part. In place of the woi-ds: 

 Ciiiiocs or small boats propcUcd icholly J>y oars, the follov.ing words were 

 substituted: Canoes or uiulcclcd boats, propelled by paddles, oars, or 

 sails, as are in eommon use as Jlsliimj boats. 

 Tliis article, as modified, was agreed to. 



Article 4 of the draft was unanimously agreed to in its entirety. 

 Article 5 was also unanimously agreed to. 



As to article 6 it was aslced that the two phrases composing it bo 

 considered and voted upon separately. 



The first phrase, wor<led as follows: The use of nets, firearms, and 

 explosives shall be forbidden in the fur-seal fishing, was voted in the 

 affirmative by Baron de Courcel, Mr. Justice Harlan, Senator Morgan, 

 .Marquis Visconti Venosta, and ]\Ir, Gregei's Gram. 

 Sir John Tiiompson voted in the negative. 



Lord llannen abstained, reserving unto himself to vote on the whole 

 article. 



The second phrase was worded as follows: This restrietion sh<tll not 

 apply to shotf/Kvs ndien such fishing taJccs place outside of Bering >S'e^f. 



This provision was objected to by Sir John Tiiompson, who opposed 

 the iH'ohibition of shotguns in Bering's Sea or elsewhere; it was 

 adopted by a majority of the arbitrators composed of Baron de Coui- 

 cel. Lord Haiinen, Marquis Visconti Venosta, and Mr. Gram. 



Mr. Justice Harlan and Senator Morgan abstained from voting, 

 olijectiug to the use of shotguns at all or in any of tlie waters traversed 

 by these fur-seals. 



The Tribunal decided that, in order to avoid a i)ossible ambiguity, 



article <> would be completed by tlie addition of the foHowing words, to 



be inserted at the end of the second phrase: during the season iche7i it 



may he lawfully carried on. 



Article 6 as a wdiole Avas vote4 for by a majority formed of Baron dp 



B s-~yoL I— § 



