78 



I believe tliat in every step we take, and in every decision we make 

 in tliis matter, we slionld avoid abstract questions and inquiries tliat 

 can have no practical ell'ect u[)on the avowed purpose of tlie parties to 

 protect and preserve tlie fur seals. Tlie attitude of tlie two Govern- 

 ments towards the admitted duty of preserving tlie fur seals in the 

 future; the powers tliey liave exercised jointly and severally, over tbe 

 subject in tbe past and in tbis treaty; tbe configuration of tbe Aleutian 

 peninsula and tbe islands of tbat arcbipelago; tbe peculiarities of seal 

 life, and tbe destructive nietbods of seal bunting in tbe open sea; tbe 

 proi)er restriction, or necessary probibition to be imposed upon i)elagic 

 sealing; tberigbtof tbe United States to defend and protect its powers 

 of government, its revenues, aiul to preserve its industry on tbe islands; 

 are all brougbt witbin tbe scope of tbis inquiry, by tbe provisions of 

 tbis treaty, and are all to be considered in determining wbat are tbe 

 just and equitable rigbts and tbe duties of tbe bigb contracting i^owers. 



ISTot merely tbe rigbts tbat would result in a judgment for one party 

 or tbe otber in a suit by tbe United States in a municipal court for tbe 

 recovery of tbe value of a seal killed by a pelagic bunter on tbe bigb 

 seas, but tbat tbe just and bonorable international obligation resting by 

 agreement upon botb Governments, will find autbentic and final expres- 

 sion in tbe award of tbis tribunal. 



On all bands it is admitted tbat tbe award, wbeii rendered, will 

 constitute a stipulation of tbe treaty in tbe same sense as if it bad 

 been written in tbe text of tbe agreement by tbe bigb (;outracting powers. 

 Tbis being so, and tbe power of tbis tribunal to determine and estab- 

 lisb concurrent regulations hciiuj a power to ordain, and not a juridical 

 power to decide, and botb being united in tbe tribunal and subject 

 largely to its discretion, tbe facts tbat bear upon tbe judicial inquiries 

 and upon tbe powers of ordination are tbe same, are made identical by 

 tbe treaty, and are to be considered as one entire body of evidence, in 

 respect of botb classes of powers. 



Xo abstract question of law is submitted to tbis tribunal. Tbe 

 law that is intended to govern tbis case in all its j)arts and i)liases 

 is tbe law of justice, comity, trade, commerce, bumanity, good will, and 

 peace, in carrying out a common i)urpose of protecting and preserving 

 tbe fur seal species in tbe interests of commerce upon tbe facts pre- 

 sented to tbe tribunal and sucb as are within tbe reacb of its judicial 

 knowledge. It is ujion tbis view of tbe duties of tbe tribunal and of its 

 powers and of tbe rigbts of ibe iiarties and the complexion tbey have 



