32 



proper protectiou and preservation of the fur seal in, or babitiially 

 resortiug to, the Bering Sea," and to declare "over what waters such 

 regulations should extend." The end to be accomplished is the proper 

 protection and preservation of the seals which habitually resort to that 

 sea. Clearly a regulation which did not look to that end would fall 

 short of what the treaty contemplated. The x>l'^iii duty, therefore, 

 of this Tribunal is to provide by concun ent regulations for the pres- 

 ervation of these animals, if regulations of that character are neces- 

 sary to accomplish such a result. And tliat duty can be performed by 

 means of regulations, which the two Governments are under solemn 

 obligation to resi)ect and to enforce against their respective citizens 

 or subjects. 



I will add that if this Tribunal is without power to prescribe such 

 regulations as are necessary for the proper protection and preserva- 

 tion of this race of animals, then the result of its proceedings can 

 not possibly be, as both countries intended it should be, " a full, i)er- 

 fect, and linal settlement of all the questions referred to the Arbitra- 

 tors." It is mere play upon words to say, in respect to this treaty, that 

 jirohibition is not regulation, and that regulations or rules, calling in 

 exj)ress words or by their operation for a prohibition of i)elagic sealing, 

 are beyond the powers given to this Tribunal, even if it appeared 

 that regulations of that character are absolutely necessary to prevent 

 the extermination of the fur seals fre(pienting the Pribilof Islands. The 

 manifest result of this interpretation of the treaty is that while the Tri- 

 bunal may prescribe regulations for the proi)er i)rotection and preserva- 

 tion of these animals, the business of taking them in the high seas may 

 still be carried on even though it should involve the destruction of the 

 species. Can anyone believe that Great Britain would have asked the 

 United States to so stultify itself as to sign a treaty which, either in 

 words or by necessary implication, woiild have admitted of such a 

 result? Does anyone believe that a treaty rendering such a result x>os- 

 sible would have been signed by any diplonuitic representative of the 

 United States, or would have been api)roved by its President or by any 

 member of the Senate of the United States'? 



I exx)ress at this time no opinion as to what regulations are in 

 fact, and ujjon a view of all the evidence, necessary to the proper pro- 

 tection and preservation of those fur seals. Nor do I ask the Tribunal 

 now to make any declaration upon the weight of the evidence touch- 

 ing that or any other issue. I am without knowledge of the views of 



