8 



itself to liave the power, niider the treaty, to preserve this race of 

 useful animals so far as that end may be attained by regulations 

 applicable to the waters of both Bering Sea and the North Pacific Ocean 

 traversed by these seals; if it decides that it can not, for want of power, 

 make regulations of that character, I would deem myself wanting in 

 duty to both of the countries here represented, if I did not insist upon 

 an adjournment of this Conference for such reasonable time as would 

 give the respective Governments an opportunity to negotiate for a 

 suppleinentary convention investing the Tribunal with full power to 

 accomplish the object wliich, in every form of language, they have 

 expressed an earnest desire to accomplish, namely, the preservation of 

 this race of fur seals, without reference to considerations of profit or 

 advantage to any nation or to the individuals of any nation. 



I beg you to understand that 1 do not aslv the Tribunal to say at this 

 time what regulations are necessary to secure the preservation of these 

 animals. If, upon examination of the evidence, it be hmnd that regula- 

 tions which in terms or by necessary operation prohibit or put an end 

 altogether to i)elagic sealing both in Bering Sea and in the North Pacific 

 Ocean are not necessary for the proper protection and preservation of 

 this race of animals, both countries must, in good faith, abide by that 

 determination. I only ask that you declare in some form and in advance 

 whether you have the power under the treaty to prescribe regulations 

 of the character indicated by me, if the facts show them to be necessary 

 in order to save this race from extermination. I am unwilling to remain 

 silent upon this (juestion of the com])etency of the Tribunal until I shall 

 have ascertained what your views are on the several matters submitted 

 for determination, and then bring up, or forbear to bring up, this ques- 

 tion of jurisdiction, as I may agree or disagree with the views you 

 express on the merits. 



IJPOIV TBIK OJJESTIOIV OF THE <;OMPETEIVCY OF THE Tr^^SBIINAI^ 

 TO I»UI<:«J'KIBE RE«lJI-AT«OIV» CO VEISIIVO THE ^VATEBIW OF TIBE 

 NOKTai FACBFK; OIIEAIV, AIVD WHICIH WOUIiUPROHIBtIT I*EBiA44B€ 

 SEAI^BIVC: EIVTBISEBiV. 



(Tho Trilmnal having on a subsequent day of its ssssions voted to consider the 

 above motion, tbc remarks below were made in its support.) 



This Tribunal has been constituted in order that there may be an 

 amicable settlement, by arbitration, of certain questions between the 



