PROTOCOLS. 73 



the si)leuclid. Lospitality of the FiiMicli (iuveriiment and people. We have been their 

 guests for uiauy montlis, aud have been uiulei" the shelter of their laws and iu the 

 presence of their grand and beautiful civilization, and during all that time we have 

 felt that our welcome did not cease to be cordial. 



If we should take a iiiwrow view of the results of this arbitration, the United 

 States would have a regret that the important judicial questions we have been con- 

 sidering were not stated in a broader form iu the treaty between these great Powers. 

 The opportunity was offered when the treaty was iu process of foiniation to have 

 presented iu a more e(|uitab]e Hglit the rights of the nations to whose islands and 

 coasts the fur-seals habitually resort for places of abode and shelter in the sunuuer 

 season; to control and jirotect them uuder tlie legal rules and intendiuents tiiat 

 ajjjily universally to the animals that are classed as domestic, or domesticated ani- 

 nuils, because of their usefulness to men. 



My colleague aud I concurred iu the view that the treaty presented this subject 

 for consid(!ration in its broadest aspect. Our honorable colleagues, liowever, did 

 not so construe the scope of the duty prescril)ed to the Tribunal by the treaty. They 

 considered that these questions of the right of i)roperty and jirotection in resjjcct to 

 the fur-seals were to be decided upon tlie existing state of the law, aud, liuding no 

 existing precedent iu the international law, they did not feel warranted in creating 

 one. 



As the rights claimed by tlic United States could only be supported by interna- 

 tional law, iu their estinuition, and inasmuch as that law is silent on the subject, 

 they felt that under the treaty they could find no legal foundation for the rights 

 claimed that extended beyond the limits of the territorial jurisdiction of the United 

 States. 



This ruling made it necessary to resort to the power conferred upon the Tribunal 

 to establish, by the authority of both (ilovernmeuts, regulations for the preservation 

 and protection of the fur-seals, to which the treaty relates. In tliis new and unti-ied 

 lield of experiment, much embarrassment was found in conllicting interests of an 

 important character, and yet nmre difficulty iu the uncertainty as to the facts ui)on 

 which regulations could be based that would be at once just to those interests, and 

 would iitford to the fur-seals proper preservation and protecti(Ui. 



The United States will fully understand aud appreciate those difhculties, and will 

 accept the tiual award as the best possible result, uuder existing conditions. A veiy 

 large measure of protection is secured by the regulations adopted by the Tribunal 

 to the Alaskan herd of fur-seals; and the virtual repression of the use of tirearms iu 

 ])elagic sealing is an earnest and wise guaranty that those common interests may bo 

 pursued without putting in serious peril the peace of the two countries. 



It is a great pleasure to the arbitrators appointed on the part of the United States 

 that they can bear the highest testimony to the ability, integrity, jiatience, industry, 

 and judicial impartiality of their colleagues in this Tribunal. 



Our labors have been arduous aud protracted, but have been attended with uni- 

 form courtesy and good feeling on the ]iart of all the nuMubers of tlui Tril)unal. 



We hope for still broader and l)etter results from the foundations we have laid iu 

 this new lield of international agreements. 



To the president of the Tribunal we owe a debt that we gratefully acknowledge, 

 that he has so patiently and with such disi iuguislied ability discharged the diflicult 

 duties of hia position. 



The agents of the respective Goveruuients have jirepan^l, at great ex])ense of 

 labor and with unusual skill aud industry, every available fact that would throw 

 any light upon the luatters in controversy, aud the counsel have dealt with the great 

 masses of evidence so prepared with that marked ability for which they have 

 become renowned upon other occasions. Conscious of having done all we could to 

 reach conclusions that are just and will be salutary, we close our labors in the hope 

 that they will be acceptable to all nations. 



