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omitted any words concerning- regulations for the killing of seals in 

 any particular waters, but made the establishment of regulations by the 

 Arbitrators depend alone upon their determination in respect "to the 

 exclusive jurisdiction of the United States," and the necessity, result- 

 ing from that determination, of prescribing concurrent regulations, not 

 for the killing of fur seal, but "for the x>i"oper protection and pres- 

 ervation of the fur seal in, or habitually resorting to, the waters of 

 Bering Sea." This change of phraseology seems plainly to indicate 

 that the main purpose was to protect the seals by whatever means 

 were found to be necessary. And such must have been the desire; 

 for what object could there have been to regulate the taking of ani- 

 mals unless their existence was to be preserved? 



Much stress has been laid upon isolated passages in communications 

 emanating from the State Department of the United States in which it 

 was said, in different forms of language, that the area of contention 

 between Great Britain and the United States related only to Bering Sea. 

 Tiiat statement was, in a certain sense, strictly accurate, for the dis- 

 pute between the two Governments arose out of seizures made in that 

 sea. The legality of tiiose seizures was the principal and vital 

 matter then in controversy. ISTo seizures had then been made in the 

 North Pacific Ocean. And these statements, as to the area of conten- 

 tion, were made quite naturally in view of the fact, plainly disclosed by 

 the evidence, that IMr. Blaine, at one time and before the facts in con- 

 nection with seal life in Bering Sea were fully developed, was of 

 opinion that a zone of 20 marine leagues around the Pribilof Islands, 

 within which pelagic sealing should be prohibited, would be all that was 

 necessary in order to preserve these fur seals from extermination. 



Some stress is also laid on the fact that the modus vivendi for 1S91 and 

 that for 1892 only related to Bering Sea; and, consequently, it is argued, 

 the two governments did not contemplate regulations applicable to the 

 Northern Pacific Ocean. Those who so argue forget that the modus 

 Vivendi for 1S91 was not signed until June 15, 1891, by which time the 

 sealing vessels had all left for the sealing grounds, and a large nundjor, 

 if not the greater part, of the fur seals had then passed from the North 

 Pacific Ocean into Bering Sea, and probably reached their breeding 

 grounds on the Pribilof Islands. In respect to the modus vivendi for 

 1892 it need only be said that Mr. Blaine endeavored to have it 

 extended to the North Pacific Ocean as well as to Bering Sea. He 

 was, no doubt, moved to this course by the fact that the two Govern- 



