15 



It should be determined, now, Avlietlier, in the judgment of this 

 tribunal, ii i)ower of this dangerous magnitude can be wisely or justly 

 left in the control of either party. 



If this power to extend regulations to include an area in the North 

 Pacific Ocean does not exist, as Great Britain asserts that it does not 

 exist, no concession on the part of that Government could create the 

 power, without the consent of the United States. It would require a 

 change in the treaty to create that power if it does not exist. 



The only ground that can be taken, in the situation presented by the 

 objection of Great Britain, is that the Tribunal of Arbitration will 

 decide the question and leave it to the respective Governments to deter- 

 mine what course they will pursue in view of the decision. It will result 

 in tins, at last, for they are sovereign Governments and there are none 

 who can compel either of them, by any peaceful means, to accept and 

 perform an award which they may believe violates the treaty under 

 which this tribunal is acting. 



I disclaim all authority to speak for the United States and I deny 

 the riglit of any other person to bind that Government by any declara- 

 tion or act that is not clearly authorized by the treaty. 



I only speak for myself when I state my conviction, that the objec- 

 tion urged by Great Britain to the power of this tribunal to mjike reg- 

 ulations to protect the fur-seals, which shall have full operation out- 

 side of Bering Sea, if it is sustained by this tribunal, will destroy a 

 loading and most important feature of the treaty. 



From some observations of Lord Hannen, when Mr. Justice TTarlan 

 IHcsented the propositions I have been discussing, I find that his objec- 

 tion to the second proposition is to some extent based on the point 

 that there is in that proposition a delimitation of the area of waters 

 in the Pacific Ocean, over which the regulations, if adopted, will extend. 

 I understand Mr. Justice Harlan to say that such is not his intention, 

 or his construction of that resolution. 



ISTow, in order that the question of the power of the tribunal to make 

 regulations that will extend to the Pacific Ocean, outside of Bering Sea, 

 and outside of territorial limits, may be presented in a more distinct 

 form, if possible, I will ofter the following as a substitute for the two 

 propositions offered by Mr. Justice Harlan, which, I think, covers the 

 substance of both the propositions he has offered, and I hope it may 

 remove the objections that are made by Lord Hannen to the form of 

 those prox)ositions: 



