mitted, what the Tribunal deems its powers to be in regard to the 

 subjects we are here to consider. No Arbitrator should be put in such 

 l)osition that it can be said that his views as to the competency of 

 theTribunal were withheld until the majority had expressed opinions in 

 respect as well to the merits of the several questions of right arising 

 under the treaty, as to the necessity of regulations for the proper 

 protection and preservation of these seals. 



If, however, it be the pleasure of Arbitrators to. interchange views 

 upon the merits of all the questions before us, not involving the jurisdic- 

 tion of the Tribunal, before any vote is taken, and if they order my 

 motion to lie upon the table for the present, I will acquiesce, if it be 

 understood that the first recorded vote shall be upon the points em- 

 bodied in that motion. 



Let me say in this connection that, the arguments having been con- 

 cluded, I am prepared to indicate to any Arbitrator, whenever desired 

 by him, the conclusion reached by me touching any question before us, 

 whether relating to the merits of the case or to the competency of the 

 tribunal. Any such expression of views must, of course, be subject to 

 the possibility of their being changed or modified as the result of our 

 discussions in conference. If there are other questions of the juris- 

 diction of this Tribunal besides those named by me in respect to which 

 any Arbitrator desires action by the Tribunal before coming to matters 

 that must be covered by the award, I will cooperate with him in 

 having such action, and this without reference to the nature of the 

 question. If any Arbitrator wishes to know, in advance, what the 

 Tribunal thinks as to its comj)etency or i^owers, I shall deem it my duty, 

 so far as my action can have effect, to put his mind at rest in respect 

 to that matter. 



But, Mr. President, I can not stop here without running the risk of 

 being charged with concealing some things that are on my mind and 

 which Arbitrators are entitled to know before acting upon this motion. 

 My conviction is absolute that the treaty as interpreted by the British 

 Government and its counsel, in respect to the powers of the Tribunal, 

 is not the treaty I was asked to aid in executing. It is not the treaty 

 Great Britain would have asked the United States to sign. It is not 

 the treaty which the President of the United States would have ap- 

 proved. It is not the treaty whicb a single member of the Senate of 

 the United States would have sustained by his vote. So strong is my 

 conviction upon this subject that if this Tribunal does not conceive 



