PROPOSED INTERNATIONAL MEASURES, 1887-'88. 193 



floctriiie oftlie eijaiil rijiiits of all luitioiis on the. liii^li seas rests on the 

 idea that it is consistent with tl»e coninioii welfiiie and not destructive 

 of any essential i-ii;hts of the inhabitants of the neij^iiboring" coasts. 

 Snch common riuhts, under public law, rest on general consent, and it 

 would be absurd to affirm that such consent had been given, where its 

 necessary result would be the absolute destruction of one or more of the 

 parties. Hence the rnle can not be applied blindly to an unforeseen 

 case, and these alleged common rights must rightfnlly be limited to 

 cases where they may be exercised consistently with tlie welfare of all. 

 Jjehring Sea partakes largely of the character of an inclosed sea; two 

 great nations own and control all its inclosing shores. It possesses a 

 peculiar fishery, which, with reference to its preservation, can only be 

 legitinmtely pursued on land, and even there only under strict regula- 

 tions. To allow its unrestrained pursuit in the open waters of the sea 

 is not only to doom it to annihilation, but, by necessary consequence, 

 to destroy all its coast inhabitants. If this result is conceded it fol- 

 lows that the doctrine of common rights can have no application to such 

 a case. 



I have thought it might not be uninteresting to give this as a view 

 which has found expression here, and, if found necessary, I think it not 

 improbable that Russia would feel that she was driven to act on it. 

 I am, etc., 



Geo. V. N. LoTiiKor. 



[Inclosure in No. 151 — Translation.) 



M. de Giers to Mr. Lothrop. 



Ministry of Fokeign Affairs, 



Asiatic Department, November 25, 1SS7. 



Mr. Minister: Mr. Wnrt.s, under duto of August 22 [September 2], was good 

 enongli to comiimiiicate to me tlie views oftlie Government of the Unitetl States of 

 America upon the subject of the desirableness of an understanding, among the gov- 

 ernments concerned, for the regulation of the taking (In chassc) of the fur sl-hI (lontres) 

 in the F.ehriug Sea, inorder tliat an end might lie ])ut to those inconsiderate practices 

 of extermination which threaten to dry up, at their source, an important branch of 

 international commerce. 



We concur entirely in the views of tlie Government of the United States. Like it, 

 we also have been for a long time considering Avhat means conhl be taken to remedy 

 a state of things which is prejudicial not only to connnerce and to revenue, but which 

 will soon work disastrous results, not only to the well-being but even to the exist- 

 ence of our people in the extreme northeast. The establishment of a rertsonable 

 rule, and of a lawful system in the use {V exploitation) of the resources, which furnisk 

 their only industry, is for those people of vital importance. 



The pressing interest which the Imperial Government has been thus called to con- 

 eider had already suggested to it the idea of an international agreement, by which 

 this interest might tiiid its most efficient protection. It is by this way that the dif- 

 ferent questions invoh ed can be best resolved, and among which there exists, in our 

 opinion, a close connection. 



The i)roposition of an accord emanatiug from the Government of the United 

 States, and which we take pleasure in considering as a step toward that general 

 solution, must, of course, but meet the sincere sympathies of the Imperial Govern- 

 ment, and its active support, and this I pray you to make known to the Cabinet at 

 Washington. 



Please receive, etc., 



Giers. 



35 



