Opinions of Senator Morgan at the Conference in Paris of the Bering Sea Tribunal of Arbitration; Constituted by the Treaty of February 29, 1892, Betwe

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893. Excerpt: ... REGULATIONS. TIIE TRIBUNAL, HAVING DECIDED THE OTHER QUESTIONS SUBMITTED TO THEM UNDER THE TREATY, PROCEEDED TO TIIE CONSIDERATION OF THE SUBJECT OF PROPER REGULATIONS FOR THE PROTECTION AND PRESERVATION OF FUR SEALS IN THE NORTH PACIFIC OCEAN, INCLUDING BERING SEA. On this topic Mr. Senator Morgan delivered the following opinion: I have heretofore insisted that when concurrent regulations are adopted they will be the result of the power of the Tribunal to agree upon and stipulate a feature of the treaty, in respect of pelagic hunt ing of fur-seals, as between the two Governments; as much so, as if the regulations had been formally agreed upon and written into the body of the convention under which we are acting. I understand that this point is agreed to on the part of all the Arbitrators, and I so state it. (2) The Arbitrators, in the exercise of these powers, must act as impartial negotiators, as they hold their authority from both the High Contracting Parties, under the treaty; and, their award being final, it is sanctioned and sustained, if it is within the purview of their authority, by the sovereign powers of both Governments, pledged in the treaty in advance of the decision of the Arbitrators. I also understand that this point is not disputed. (3) The regulations we shall adopt are in no sense judicial decisions, though they are based upon principles of law declared by the Tribunal, nor is the power, or duty, of making them, so as to protect and preserve-the fur seals, restrained or controlled so as to conform to the personal interests of pelagic hunters or the national interests of the United States. The two Governments have removed such considerations from the scope of our duties by assuming absolute control of the entire subject, which was found...