A QUESTION BEING UNDER DISCUSSION AS TO THE PROPER ORDER IN 

 WHICH THE MATTERS SUBMITTED TO THE TRIBUNAL FOR EXAMI- 

 NATION SHOULD BE TAKEN UP AND DISPOSED OF, AND AS TO THE 

 GENERAL POWERS AND DUTIES OF THE TRIBUNAL, SENATOR 

 MORGAN MADE THE FOLLOWING PRELIMINARY REMARKS TOUCH- 

 ING THE SAME : 



TIic subject with which the tiibiuial is to deal is a practical one 

 of the highest importance. On the part of Great Britain a claim 

 asserted, as a sovereign power, on behalf of her subjects, to the right 

 of pelagic hunting of fur-seals in, or habitually resorting to Bering 

 Sea, iu all the waters of the North Pacific Ocean that are not inc^hided 

 within ordinary territorial limits, without any restriction^ or quali- 

 fication, as to the time, place, or manner of their destruction. 



In the Case of Great Britain, as it is stated to the Tribunal of 

 Arbitration in conformitj^ with the requirements of the treaty, this 

 claim is presented in the broadest form and the present method of 

 l^elagic hunting is justified as being within that claim of right, under 

 international law. 



Great Britain has cited the principles of international law, and 

 certain analogies relied upon to support her case. The Government 

 of the United States, under the same requirement of the treaty, has 

 presented its case upon the law and evidence iu like manner. 



The claim of the United States is made in the name and on behalf of 

 that Government, which asserts that it is the sovereign owner of the 

 fur-seals that habitually resort to the waters of Bering Sea and to the 

 islands within that sea that are east of the water boundary between 

 Russia and the Ujiit-ed States of America, and that it owns these fur- 

 seals as property, as a source of revenue, and as an instrumentality of 

 government. 



In one aspect of this claim, the ownership of the animals is alleged 

 to be complete. In another aspect, the alleged ownership is stated as 

 a right to have and enjoy the usufruct of these seal herds, for the sup- 



17 

 11495 M 2 



