221 



and forever put aside. That is what these countries had in view when 

 the Treaty of 1892 was concluded. If we put it in tlie power of each 

 Government, after a named date, to set aside our regulations, the de- 

 cision we make will not be a "full, perfect, and final settlement" of 

 these questions. The wisdom and patriotism of the two great nations 

 here represented is a sufficient guarantee that all will be done, by 

 mutual agreement, which further investigation and developments 

 show to be necessary. 



Without further elaboration, I must say that the scheme of Sir John 

 Thompson can not be aj)proved if we accept, as justified by the evi- 

 dence, what Sir Richard Webster said in his very able argument, when 

 he declared that " no gravid female ought to be killed, so far as it can 

 be reasonably avoided," and that " no nursing female upon whose life 

 that of the pup depends ought to be slaughtered or injured in any 

 way." The same eminent counsel also frankly observed: "It seems 

 to me that upon the simple i^rinciple that has governed and controlled 

 the game laws of all civilized people, the killing of a female which is 

 about to bring forth its young, or upon whose life the lives of the young 

 are dependent, is a matter which no Tribunal would indorse by recom- 

 mendation, and that, therefore, the contrary of that would recommend 

 itself to the mind of this Tribunal." 



(After tlie general discussion in conference upon the subject of regulations was 

 concluded— the Arbitrators named by the Governments of Great Britain and the 

 United States having alone participated in that discussion — the matter was taken 

 under advisement by the Arbitrators from Franco, Italy, and Norway, and they 

 submitted a scheme of regulations for the consideration of the Tribunal. A copy of 

 that scheme is appended to this opinion, and it became the subject of discussion 

 among the Arbitrators.) 



I confess some disappointment in finding that the majority of the 

 Tribunal do not favor regulations which, in terms or by their necessary 

 operation, will put an end to all pelagic sealing in the waters traversed 

 by these fur seals. It is very much to be feared that the theory of 

 compromise has had more weight than, as I submit, it ought to have 

 upon the determination of the pending question. A compromise, 

 between conflicting views, which leaves the preservation of this race 

 in doubt, as far as their preservation depends upon regulations, ought 

 not be favored. It seems to me that the supreme object of regulations, 

 the protection and preservation of this race of animals, could not be 

 certainly accomplished except by regulations of the kind proposed by 

 me, with the concurrence of Senator Morgan. 



