72 ARGUMENT OF THE UNITED STATER. 



duction and examination of witnesses, it is supposed by the under- 

 signed that this common knowledge may, with large latitude, be deemed 

 to be already possessed by the learned Arbitrators, and to be available 

 in the discussion and decision of the controversy. 



Second. In the next place this knowledge may be supplemented by 

 an appeal to the authorative writings of scientific and learned men, 

 and also to the writings of trustworthy historians and of actual ob- 

 servers of the facts which they relate. 



Third. The reports, both joint and separate, of the Commissioners 

 appointed in pursuance of the ninth article of the Treaty, are, by the 

 terms of the Treaty, made evidewco, and were undoubtedly contemplated 

 as likely to furnish most important and trustworthy information. 



Fourth. The testimony of ordinary witnesses, actual observers of the 

 facts to which they testify. This is contained in ex parte depositions, 

 but must, notwithstanding, be received as competent. No mode hav- 

 ing been provided by which witnesses could be subjected to cross-ex- 

 amination, these depositions must be accepted as belonging to the class 

 of best obtainable evidence. The necessity of caution and scrutiny in 

 the use of it is manifest; but it may be found to be of great value, de- 

 pending upon the number of concurring voices, and the degree of intel- 

 ligence and freedom from bias which may be exhibited. 



Concerning the reports of the Commissioners, some observations are 

 appropriate in this place. Their duties were defined in concise but very 

 clear language in the ninth article of the Treaty, as follows: 



Each Government shall appoint two Commissioners to investigate, 

 conjointly with the Commissioners of the other Government, all the 

 facts having relation to seal life in Bering Sea, and the measures 

 necessary for its proper protection and preservation. 



The four Commissioners shall, so far as they may be able to agree, 

 make a joint report to each of the two Governments, and they shall 

 also report, either jointly or severally, to each Government on any 

 points upon which they may be unable to agree. 



They found themselves unable to agree, except upon a very few points, 

 the most important of which are expressed in the following language: 



5. We are in thorough agreement that, for industrial as well as for 

 other obvious reasons, it is incumbent upon all nations, and particu- 

 larly upon those having direct commercial interests in fur-seals, to pro- 

 vide lor their protection and preservation. * * * 



7. We find that since the Alaska purchase 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. 1 



1 Case of the United States, p. 309. 



