might be found necessary for the proper protection and preservation of such seals, even if such regulations should result in preventing the hunting and taking of seals "during the seasons when the condition of said waters admits of fur seals being taken by pelagic sealers."

Lord Hannen, Sir John Thompson, and Mr. Gregers Gram declined to vote, deeming the resolution too abstract. The Marquis Visconti Venosta also abstained from voting. He thought that the treaty contemplated the restriction, not the prohibition, of the exercise of the right of pelagic sealing; he would vote for efficacious measures to prevent what was essentially destructive to the species in such sealing, but did not feel authorized to suppress it. Baron de Courcel said that he might agree to the principle expressed in the resolution, but declined to vote upon it as being purely abstract.

The resolution was not adopted.

Mr. Justice Harlan then submitted a draft of regulations of which Senator Morgan expressed his approval. It penally prohibited any killing, capture, or pursuit whatever of fur seals by citizens of the United States or subjects of Great Britain outside of territorial waters, "north of the thirty-fifth parallel of north latitude and east of the one hundred and eigthtieth meridian of longitude from Greenwich."

1

Sir John Thompson submitted a draft restricting pelagic sealing to sailing vessels with licenses, which were not to be granted earlier than a date that would correspond with May 1 in the latitude of Victoria, British Columbia, and prohibiting (1) the use of rifles and nets, (2) any killing within a zone of thirty miles from the Pribilof Islands and of ten miles around the Aleutian Islands, and (3) any killing in Behring Sea east of the water boundary before July 1 and after October 1 in each year.2

Senator Morgan submitted a paper in which he declared that he adhered to the position that pelagic sealing should be pro

The same prohibition was proposed in a draft of regulations submitted to the tribunal by the agent of the United States on the 8th of June; but in the agent's draft the prohibition was qualified by the proviso that it should not apply to sealing by Indians dwelling on the coasts, for their own personal use, with spears in open boats, in the way anciently practiced by them.

2

The British agent had proposed in a draft presented June 20 to restrict pelagic sealing to sailing vessels with licenses, and to prohibit such sealing (1) with rifles or nets, (2) within twenty miles of the Pribilof Islands, and (3) in Behring Sea "from the 15th of September to the 1st of July."

hibited north of the thirty-fifth degree of north latitude; but that, if the tribunal should prefer a close season, he should respectfully insist that the use of firearms and explosives in such hunting should be prohibited, under effective penalties, not only for the protection and preservation of the seals, but also for the protection of human life and the preservation of peace.

Baron de Courcel, Marquis Visconti Venosta, Draft of Articles. and Mr. Gregers Gram submitted a draft of regulalations, which was adopted as the basis

of the tribunal's deliberations.

First Article.

The first article forbade sealing at any time within sixty geographical miles of the Pribilof Islands, inclusive of territorial waters. An amendment offered by Sir John Thompson, to substitute thirty miles for sixty, was rejected by the other arbitrators, Lord Hannen declaring that, after much hesitation, he adhered to the vote of the majority. The first article was then adopted, Sir John Thompson dissenting.

The second article provided for a close seaSecond Article. son north of the thirty-fifth parallel of north latitude from April 15 to July 31.

Sir John Thompson proposed to substitute May 1 for April 15. This amendment was opposed by Mr. Justice Harlan and Senator Morgan, who contended that it would imperil the existence of the seal race; but it was supported by Lord Hannen, Marquis Visconti Venosta, and Mr. Gregers Gram. Baron de Courcel, while objecting to an extension of the season for pelagic sealing in the spring, when it was most destructive by reason of attacks on pregnant females, voted for the amendment in a spirit of conciliation, as well as with a view to secure the adoption in their general outlines of the proposed regulations, which, as he was not unaware, imposed strict limitations on pelagic sealing. The amendment was therefore adopted.

Sir John Thompson then moved to substitute "January 1 to July 1" for "May 1 to July 31." Mr. Justice Harlan and Senator Morgan opposed the amendment. Lord Hannen temporarily abstained from expressing an opinion. Marquis Visconti Venosta said that if a majority of the arbitrators should accept the amendment in principle, he would ask that July 15 be substituted for July 1, since the work of reproduction took place chiefly in the first half of that month and many gravid females were still on the track between the Aleutian Islands and the

Pribilof group. He also said that if the close season extended from January to July there would be no pelagic sealing outside of Behring Sea; and, as the use of firearms in that sea was forbidden by Article VI. of the draft, pelagic killing would in future be allowed only with spears or harpoons. What the effect of this would be he was unable on the information before him to say, but he had expressed the opinion that the tribunal could not withdraw by regulations all that it had conceded on the question of right; and he did not intend directly or indirectly to suppress pelagic sealing altogether. If the interdiction of firearms was to be applied to all pelagic sealing, he should be compelled to reserve his vote respecting that interdiction. If a close season were adopted from January 1 to July 15, he would feel inclined rather to consider whether it would not be better simply to suspend sealing for a year every three years. This would be a restriction, the consequences of which he could appreciate, at least by comparison. Mr. Gregers Gram voted against the amendment, holding that it would expose a great number of pregnant females to attack. Baron de Courcel was disposed to accept the amendment, since it prevented killing in the spring, for which object he was willing to sacrifice the first fifteen days in July. A majority of the arbitrators (Mr. Justice Harlan, Senator Morgan, Marquis Visconti Venosta, and Mr. Gregers Gram) being opposed to the amendment, it failed.

Baron de Courcel moved, as a compromise, to substitute "January 1 to July 10" for "May 1 to July 31." Sir John Thompson and Lord Hannen abstained from voting, being of opinion that the tribunal did not possess sufficient information as to what the effect of the amendment would be. The other arbitrators maintained their objections to any pelagic sealing in July. The amendment was not adopted.

On motion of Lord Hannen an amendment restricting the second article, which applied generally to "the Pacific Ocean, inclusive of the Behring Sea, * * north of the thirtyfifth degree of north latitude," to waters eastward of the one hundred and eightieth meridian and of the water boundary in the treaty ceding Alaska to the United States, was unanimously adopted.

The article as amended was then adopted, Mr. Justice Harlan and Senator Morgan voting in the negative.

Third Article.

By the third article of the draft pelagic sealing was restricted to sailing vessels, but these were allowed to use "canoes or small boats propelled wholly by oars." For the words thus quoted there was substituted the clause "such canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use as fishing boats." The article as thus modified was agreed to. The fourth and fifth articles of the draft, Fourth and Fifth respectively relating to the licensing of vessels and the manner of keeping their official

Articles.

logs, were unanimously agreed to.

Sixth Article.

The sixth article read as follows: "The use of nets, firearms, and explosives shall be forbidden in the fur-seal fishing. This restriction shall not apply to shotguns when such fishing takes place outside of Behring Sea." The two sentences were considered separately. The first was adopted, Sir John Thompson voting in the negative and Lord Hannen reserving his vote for the whole article. As to the second sentence, Sir John Thompson opposed the prohibition of shotguns in Behring Sea or elsewhere. Mr. Justice Harlan and Senator Morgan abstained from voting, being opposed to the use of shotguns in pelagic sealing. The sentence was adopted by the votes of the other arbitrators, but in order to avoid ambiguity the following words were added: "during the season when it may be lawfully carried on." The article as a whole was then adopted, Mr. Justice Harlan, Senator Morgan and Sir John Thompson voting against it.

Seventh Article.

The seventh article of the draft, which provided that the two governments should take measures to control the fitness of the men authorized to engage in pelagic sealing, was commented upon by several of the arbitrators on the practical ground that it would be difficult to secure its strict execution. It was however adopted, Sir John Thompson voting against it.

Eighth Article.

The eighth article provided that the regula tions should not apply to "Indians dwelling on the coasts of the territory of the United States or of Great Britain, and carrying on in their canoes, at a small distance from the coasts where they dwell, fur-seal fishing."

The arbitrators unanimously decided to take as a basis for

consideration a substitute proposed by Mr. Justice Harlan, which read:

"The regulations contained in the preceding articles shall not apply to Indians dwelling on the coasts of the territory of the United States or of Great Britain and carrying on fur-seal fishing with spears or harpoons only, in canoes or undecked boats not transported by or used in connection with other vessels and propelled wholly by paddles or oars and manned by not more than two persons each in the way anciently practiced by the Indians, provided such Indians are not in the en ployment of other persons, and provided that, when so hunting in canoes or undecked boats, they shall not hunt fur seals outside territorial waters under contract for the delivery of the skins to any person.

"This exemption shall not be construed to affect the municipal law of either country, nor shall it extend to the waters of Behring Sea or the waters of the Aleutian Passes."

On motion of Sir John Thompson, the arbitrators, Mr. Justice Harlan and Senator Morgan dissenting, decided to strike out the words "with spears or harpoons only," as well as to substitute the words "by paddles, oars, or sails" for "by paddles or oars," and the words "manned by not more than five persons each" for "manned by not more than two persons each." A motion of Mr. Justice Harlan, supported by Senator Morgan, to substitute "three" persons for "five" was negatived by the other arbitrators. On motion of Sir John Thompson, the words "in the way hitherto practiced" were substituted for "in the way anciently practiced," Mr. Justice Harlan and Senator Morgan opposing. On motion of Sir John Thompson, the tribunal unanimously added to the article the third paragraph, as it stands in the award. Senator Morgan proposed to add to the second paragraph the words, "nor shall it be operative in favor of such Indians prior to January 1, 1895." This amendment, for which Mr. Justice Harlan and Senator Morgan voted, was negatived by the other arbitrators.

Ninth Article.

For the ninth article of the draft, which article now stands in its original form in the award, Sir John Thompson proposed to substitute the sixth article of the draft proposed by him, by which it was provided that the regulations should remain in force for a period of ten years, and thereafter from year to year subject to termination on twelve months' notice. The other arbitrators decided to reject the amendment, and the article was adopted, Sir John Thompson voting against it.