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ject that uo occasion offered to test the question wlietlier a riglit of 

 X)elagic hunting cxistetl, under the laws of nations, which was superior 

 to Eussia's right to protect the fur-seals against tresptissers on the 

 high seas, or within Bering Sea, when they were found more than 

 3 miles from her coasts and islands. 



This question was never, in fact, raised in any practical way as a 

 matter of international dispute, until the present controversy between 

 the United States and Great Britain. 



The question is, therefore, entirely new, without any actual prece- 

 dent for its control, and also Avithout analogy for its illustration, because 

 no other animals yielding valuable products to commerce have the habits 

 of the fur-seal, and none are compelled by the necessities of existence to 

 place themselces so entirely within tJw dominion of man. This award, 

 therefore, dealing with questions that are entirely new, will com})lete 

 the treaty between these two great powers, and establish between 

 them fixed rules of conduct in respect to the protection and preserva- 

 tion of fur-seals in waters outside the limit of the jurisdiction of the 

 respective Governments. These rules will be a new compact ot inter- 

 national agreement, based on rights and duties that are, as yet, without 

 accurate definition and without regulation. 



The interests of peace and good will being the great moving causes, 

 and the benefit of mankind and the requirements of humanity being 

 included in the results of this arbitration, it is seen at once that it was 

 necessary and proper to entrust these great powers to a Tribunal of 

 Arbitration having very broad discretion and liberty of action. 



The proper understanding of the scope and purpose of this treaty is 

 to be gathered, also, from the diplomatic corresi)ondence that attended 

 its negotiation, and from the various projiositions and agreements that 

 took final shape in the text of the treaty. 



The agreement between the two Governments in the convention trents 

 thei)reservationandprotectionof the seal herds in a broad and rational 

 way, and assumes that both Governments will freely and cordially 

 exercise their powers for that purpose. 



This is not a controversy in which the award will fix the title to spe- 

 cific chattels in either of two claimants, or give compensation, in dam- 

 ages, as for the conversion of such chattels. It is not a lawsuit 

 between the United States and Great Britain. There are no special 

 issues joined between them. All the questions are put to the tribunal 

 interrogatively, and the award will settle principles and regulations 



