34 



the protection and preservation of these fnr seals, shonhl, I submit, be 

 passed upon before the Arbitrators euter upon the consideration of the 

 several questions of right submitted for determination. 



The duty of this Tribunal to prescribe regulations arises when the 

 determination of the questions submitted to us, "as to the exclusive 

 jurisdiction of the United States," leaves the subject in such i^osition 

 "that the concurrence of Great Britain is necessary to the establish- 

 ment of regulations for the i) roper protection and preservation of the 

 fur seal in, or habitually resorting to, the Bering Sea." Such are the 

 express Avords of Article VII. If the United States has not such exclu- 

 sive jurisdiction — that is, such sovereign power — as enables it to enact 

 laics, binding upon all, whether citizens of the United States or sub- 

 jects of other countries, for the x>rotection and preservation of these 

 seals, in all the waters both of Bering Sea and of the North Pacific Ocean 

 traversed by them — and no such claim has been preferred before us — 

 then we know, at this time, that the concurrence of Great Britain is 

 necessary to the establishment of regulations, whatever conclusion may 

 be reached upon the issue as to property and x^rotection presented by 

 the fiftli question of Article VI. 



If it be held that the United States has no right of property in 

 these seals, and no right to protect them when found outside the ordi- 

 nary three-mile limit, then the duty to prescribe concurrent regulations 

 becomes manifest. But regulations of that character are, in my judg- 

 ment, necessary though, perhaps, not equally so, for the proper protec- 

 tion and preservation of the seals, if the Tribunal holds that such right 

 of property or lu'otection does appertain to the United States; for, in 

 that case, the only means which the Government of that country could 

 emi^loy would be those which the law permits to individual owners 

 of property for its protection. But that would be inade(iuate protec- 

 tion, Avithout the concurrence of Great Britain, manifested by such leg- 

 islation as would bind its subjects wherever they may be, and compel 

 them, under, proper penalties, to respect any right of i)roperty or 

 protection accorded to the United States by the award or decision of 

 this Tribunal. So that it is certain that Ave must come to the subject 

 of regulations for tl\Q proi)er x^rotection and preservation of this race 

 of animals. 



If the Arbitrators believe that the race Avill be soon exterminated 

 unless pelagic sealing is prohibited, in both Bering Sea and the North 

 Pacific Ocean, during all the mouths Avhen they may be taken in the 



