100 



Illations a question between the two Governments, to he controlled hy 

 the mutual international policy of protecting and preserving the Alaskan 

 seals, as to which purpose both Governments are in accord. They agree 

 as to the national duty of both Governraents to protect and preserve 

 these fur-seals, and have only disagreed as to the rightful and best 

 inetliod of executing this duty. 



(5) There is no mistaking the exact nature and extent of the power 

 conferred on this Tribunal. It is simi)ly the power to determine con- 

 current regulations for the proper protection and preservation of the 

 fur-seals in or habitually resorting to Bering Sea, and to designate 

 the waters that should be included in such regulations. 



If this Tribunal bases its award upon the effect that such regulations 

 are to have on the rights or i)rofits of pelagic sealers, they rebuke both 

 Governments for havingassumed the whole responsibility of that subject, 

 and for having retired from view the private rights of their citizens 

 under the international law, and for having subjected them to such 

 municipal laws of the respective Governments, to be enacted in con- 

 formity with the awarf", as shall accord with the avowed public policy 

 of those Governments to preserve and protect the fur-seals. 



These Governments have not invited us to decide how far this 

 policy, mutually agreed to and declared in the most unequivocal terms, 

 shall be obstructed by our efibrts to take care of the interests of their 

 citizens engaged in pelagic sealing. They have assumed that duty 

 and will doubtless rcsjxmd to it. 



Both Governments would rejoice if the preservation and protection 

 of the seals in question would admit of the greatest extent of pelagic 

 hunting by their citizens consistent with the prudent and humane 

 treatment of these useful animals. But they carefully considered that 

 question and appointed a joint Commission to make examination into 

 all its bearings. That Commission made a joint report before the 

 treaty, signed February 29, 1892, had been ratified by either Govern- 

 ment, in which they say: "5. We are in thorough agreement that, for 

 industrial as well as for other obvious reasons, it is incumbent upon all 

 nations, and ])articularl y uj)on those having direct commercial interests 

 in fur-seals, to i)rovide for their protection and preservation;" and 

 further, they declare that — "7. We find that, since the Alaskan pur- 

 chase, a marked diminution in the number of seals on, and habitually 

 resorting to, the Pribilof Islands has taken place; that it has been 

 cumulative in effect, and that it is the result of excessive killing by man." 



