25 



3. That wliile the original proposition of Lord Salisbury was for a 

 joint couimissiou to ascertain what iuternatioual arraii<>ements were 

 necessary " for the pnrpose of preserving the fur seal race in Bering 

 Sea from extermination," he subsequently modified that position, so 

 as to require that commission to ascertain what iiiteruational arrange- 

 ments were necessary " for the purpose of preserving the fur seal in the 

 Northern Pacific Ocean from extermination ;" 



4. That the British Government made a condition of its agreeing to 

 the proposed modus vivendi for 1891, relating to Bering Sea, that 

 the President of the United States would give an assurance in some 

 form that his Government would concur in a reference to a joint 

 commission "to ascertain what permanent measures are necessary for 

 the preservation of the fur seal species in the Northern Pacific Ocean,'''' 

 which assurance the President formally gave to the British Gov- 

 ernment, explicitly stating at the time that the Government of the 

 United States recognized "the fact that full and adequate measures 

 for the protection of seal life should embrace the whole of Bering Sea. 

 and parts of the North Pacific Ocean;'''' and, 



5. That the Government of the United States, having in view the 

 exi)licit declaration of Sir Julian Pauncefote, that "the sole object of 

 the negotiation is the preservation of the fur seal species for the bene- 

 fit of mankind," and the equally explicit declarations of Lord Salisbury 

 that her Majesty's Government was anxious for the arrangement of a 

 convention which "shall provide whatever close time in whatever 

 localities is necessary for the preservation of the fur seal species,''^ and 

 ascertain, by arbitration, how far such a close time was necessary "for 

 the preservation of tlie fur seal species," and in order that the Arbitra- 

 tors, if appointed, might consider measures for the protection of seal 

 life "throughout the whole of Bering Sea and portions of the Northern 

 Pacific Ocean,''^ modified the sixth question, as originally formulated, 

 and, instead of concurrent regulations "for the killing of the fur seals 

 in any part of the Bering Sea," outside of ordinary territorial limits, 

 as was first iiroposed, provided for concurrent regulations (if the con- 

 currence ot Great Britain was found to be necessary) "for the proper 

 protection and preservation of the fur seal in, or hahitually resorting 

 to, tlie Bering Sea." 



It could not liave escajied tlie attention of Lord Salisl)ury that the 

 effect of tliis modification of the sixth question was, beyond all question, 

 to enable this Tribunal to prescribe concurrent regulations to i)rotect 



