101 



TLese two Nations, acting* on tliis report and upon other ascertained 

 facts of the gravest character, toolc tJie subject into their oicn hands and 

 provided for the determination of concurrent reguhitions by this Tribu- 

 nal, to operate outside the jurisdictional limits of the two Governments, 

 on the water and not on the land, for the protection and preservation 

 of these fur-seals. 



Tlie subject of regulating the seal herds on Lmd was not mentioned 

 between the Governments in their negotiations, nor in the treaty; 

 doubtless for the reason that Great Britain saw that it was the interest 

 of the United States to protect and preserve the seals and to promote 

 their increase, and liad no cause then or since to doubt the good faith 

 of the United States in the use of every means that would contribute to 

 that end, 



"Tlie excessive killing by man" that the Commissioners agreed to 

 rex^ort could not have been the killing by the United States on the 

 islands of St. Paul and St. George; otherwise, that fact would have been 

 mentioned and nuide the subject of negotiation. 



The protection and preservation of the seals against excessive kill- 

 ing, is tlie killing upon the waters outside the jurisdictional limits of 

 both countries. It is beyond a reasonable doubt that it was i)elagic 

 kilUng that was considered by the United States and Great Britain 

 as being- so destructive to seal life as to make it incumbent upon all 

 nations to provide for their protection and preservation, and was especi- 

 ally the duty of these two powers. To do this, these Govern ineuts 

 agreed with each other to place this question upon the high and just 

 ground of international duty, disregarding the profit that might accrue 

 to the subjects and citizens of both countries from the indiscriminate 

 slaughter of the fur-seals, or to the United States from preserving and 

 increasing the number of fur-seals. 



(6) This Tribunal is to make regulations that apply to this herd in 

 its ^yresent condition, niid not with reference to some former condition. 



The most conspicuous fact in the present situation, and the danger- 

 ous fact of the inevitable future, is this, that the fur-seals will disap 

 pear rapidly if the ])elagic hunter is able to makethat business profitable 

 on the sea and to make it unprofitable on the Pribilof Islands, Either 

 of these results will destroy the fur-seals rapidly, and both of them ivould 

 make the destruction sudden, and that ivithout remedy. And if one result 

 ensues, the other must follow speedily. 



This treaty also requires this Tribunal to consider and decide concern- 



