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kill, capture, or pursue these fur seals anywhere in the waters of 

 Bering Sea or of the i^orth Pacific Ocean, outside the jurisdictional 

 limits of the respective governments, north of the 35° of north lati- 

 tude (south of which this herd have never been known to go in its 

 migrations) and east of the 180° of longitude from Greenwich. It also 

 provides that offending vessels may be seized by the naval or duly- 

 commissioned officers of either Government, and handed over, as soon 

 as practicable, to the anthorities of the nation to which tliey respec- 

 tively belong, to be dealt with by that nation — the witnesses and proof 

 necessary to establish the offense or to disprove the same being also 

 sent with the vessel seized. It further provides that every x>erson 

 guilty of violating these regulations should, for each offense, be fined 

 not less than $200 nor more than $1,000, or imj^risoued not more than 

 six months, or both; such vessels, their tackle, apparel, furniture, and 

 cargo to be forfeited and condemned. 



Only regulations of this character, which prohibit pelagic sealing 

 altogether, in all the waters traversed by these seals, will, in my 

 judgment, make the preservation of this race of animals ahsolutely 

 certain. Of course, a closed season, covering all of such waters and all 

 the months of the year when the weather admits of pelagic sealing, 

 will give, practically, the same security as regulations of a prohibitory 

 character covering the whole year. 



(Mr. Justice Harlan here ontcrod upon an examination of the evidence in detail for 

 the purpose of showing that he had not overstated the eifect of pelagic sealing upon 

 the Pribilof herd of seals. He read, at length, from the depositions, reports, tables 

 of ligures, etc., introduced by the respective Governments, to show the disastrous 

 results of pelagic sealing. It is unnecessary to encumber this opinion with the 

 details of the evidence to which he referred. 



When the subject of Kegulations was under consideration in the Conference, Mr. 

 Justice Harlan offered the following resolution, as embodying the views of Senator 

 Morgan and himself on the question of the competency of the Tribunal: 



"Eesolved, That the purpose of Article VII of the Treaty is to secure in any and 

 all events, the proper protection and preservation of the herd of seals frequenting 

 the Pribilof Islands; and in the framing of Eegulatious, under the Treaty, no ex- 

 tent of pelagic sealing should be allowed which will seriously endanger the accom- 

 plishment of that end." 



He subsequently presented, with the concurrence of Senator Morgan, the following 

 motion : 



"This Tribunal has power, and it is its duty, nnder the Treaty, to prescribe such 

 concurrent Regulations, covering the vaters, outside the jurisdictional limits of the 

 two countries, of both Bering Sea and the North Pacific Ocean, traversed by the fur 

 seals in, or habitually resorting to, Bering Sea, as may be found necessary for the 

 proper protection and xjreservation of such seals, even if such Regulations, when 



