140 COUNTER-CASE OF GREAT BRITAIN. 



The power thus conferred relates to the only area in dis- 

 pute, viz., the waters of Behriug Sea eastward of the line 

 of demarcation si)eciiied in the Treaty of Cession of 1867, 

 and excludes the sui)p.ositiou that jjrohibition could have 

 been intended. 



163 The object of Regulations, as laid down in Article 

 VII, is " the proper protection and preservation of 



the fur-seal;" not its reservation for the United States 

 Government and their lessees. 



The corresi)ondenoc which rCvSulted in the Arbitration 

 Treaty shows that the construction of that Treaty now 

 relied on by Great Britain accords with the intentions of 

 both Powers at the time its provisions were framed. Mr. 

 Blaine, in his des])atch of the 17th December, 1890 says: 



United States The President will ask the Government of Great Britain to agree to 

 Case, Apj^ndix. ^|jg distance of 20 marine leagues — within which no ship shalf hover 

 *'^' ■ around the Islands of St. Paiil and St. George, from the 15th May to 

 the 15th October of each year. This will prove an effective mode of 

 preserving the seal fisheries /o;- tlie use of ike civilized world. — . . 

 The United States desires only sucli control over a limited extent of 

 the waters in the Bchring Sea, for a part of each year, as will be 

 sufficient to insuie the protection of the fur-seal fisheries. 



The writer, after proposing- the five questions, which, 

 with modifications in the third and fifth, are now embodied 

 in Article VI, proceeds: 



Ibid., p. 286. Sixth. If the determination of the foregoing questions shall leave 

 the subject in such i)osition that the concurrence of Great Britain is 

 necessary in prescribing Regulations for the killing of the fur-seal in 

 any part of the waters of Behiing Sea, then it shall be further deter- 

 mined: 



First, how far, if at all, outside the ordinary territorial limits it is 

 necessary that the United States should exercise an exclusive jurisdic- 

 tion iu order to protect the seal for the time living upon the islands of 

 the United States, and feeding therefrom. 



Second, whether a closed season (during which the killing of seals 

 in the waters of Behring Sea outside the ordinary territorial limits 

 shall be prohibited) is necessary to save the seal-lishing industry, so 

 valuable and important to mankind, from deterioration or destruc- 

 tion. And, if 60, 



Third, what months or parts of months should be included in'such 

 season, and over what waters it should extend. 



The Marquisof Salisbury in a letter to Sir J. Pauncefote, 

 dated the 21st February, 1891, which contains his answer 

 to Mr. Blaine, says : 



Ibid., p. 294. H®^ Majesty's Government have no objection to refer the general 

 question of a close time to arbitration, or to ascertain by that means 

 how far the enactment of such a provision is necessary for the preser- 

 vation of the seal species; but such reference ought not to con- 



164 tain words appearing to attribute special and abnormal rights 

 in the matter to the United States. 



In a letter from Mr. Wharton to Sir J. Pauncefote, dated 

 the 25th June, 1891, this passage is quoted, and the writer 

 adtls : 



United States I am now directed by the President to submit the following, which 

 Case, Appendix, he thinks avoids the obiection urged bv Lord Salisbury. 

 vol. i,p.ai9. J o V 



Then follows the clause which now forms Article VII of 

 the Treaty. 



Lastly, it is to be remembered that, if protection is to be 

 given to which the United States has now no legal right, 



