REGULATIONS. 



THE TRIBUNAL, nAVING DECIDED THE OTHER QUESTIONS SUBMITTED 

 TO THEM UNDER THE TREATY, PROCEEDED TO THE CONSIDERATION 

 OF THE SUBJECT OF PROPER REGULATIONS FOR THE PROTECTION 

 AND PRESERVATION OF FUR SEALS IN THE NORTH PACIFIC OCEAN, 

 INCLUDING BERING SEA. 



On this topic Mr. Senator Morgan delivered the following opinion: 

 I have heretofore insisted that when concurrent regulations are 

 adopted they will be the result of the power of the Triljuual to agree 

 ujion and stipulate a feature of the treaty, in respect of i^elagic hunt- 

 ing of fur-seals, as between the two Governments 5 as much so, as if 

 tlie regulations had been formally agreed upon and written into the 

 body of the convention under which we are acting. I understand that 

 this point is agreed to on the part of all the Arbitrators, and I so 

 state it. 



(2) The Arbitrators, in the exercise of these powers, must net as 

 impartial negotiators, as they hold their authority from both the High 

 Contractiug Parties, under the treaty; and, their award being final, it 

 is sanctioned and sustained, if it is within the purview of their author- 

 ity, by the sovereign powers of both Governments, j)ledged in the 

 treaty in advance of the decision of the Arbitrators. I also under- 

 stand that this i^oint is not disputed. 



(3) The regulations we shall adopt are in no sense judicial decisions, 

 though they are based upon principles of law declared by the Tribunal, 

 nor is the power, or duty, of making them, so as to protect and preserve 

 the fur seals, restrained or controlled so as to conform to the personal 

 interests of pelagic hunters or the national interests of the United 

 States. The two Governments have removed such considerations from 

 the scope of our duties by assuming absolute control of the entire 

 subject, which was found necessary to be done in order to properly 

 protect and preserve the fur-seals in the interests of commerce and 

 humanity. In like manner they have excluded from our consideration, 



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