reference to a joint commission to ascertain what permanent measures are necessary for the preservation of the fur-seal species in the northern Pacific Ocean." The provisions of the treaty referring to this commission were as follows:
"Each Government shall appoint two commissioners to investigate conjointly with the commissioners of the other Government all the facts relating 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."
On June 24, 1891, Sir George Baden-Powell, M. P., and Dr. George M. Dawson were appointed as commissioners for Great Britain, and on July 10th Dr. C. Hart Merriam and the writer of this article were designated to serve the United States in a like capacity.
It will be seen above that the duty of these commissioners was primarily the ascertainment of facts, together with the recommendation of such measures as in their judgment were necessary for proper protection and preservation of seal life in Bering Sea and the northern Pacific Ocean. It is important to note, also, that in the letter of instructions of the respective powers to their commissioners this was emphasized as the "main object of the inquiry." In the letter of Lord Salisbury to the British commissioners they are instructed that their principal duty will be to ascertain "what international arrangements, if any, are necessary between Great Britain and the United States, and Russia or any other power, for the purpose of preserving the fur-seal race in Bering Sea from extermination." He further says: "I need scarcely remind you that your investigation should be carried on with strict impartiality, that you should neglect no sources of information which may be likely to assist you in arriving at a sound conclusion, and that great care should be taken to sift the evidence that is brought before you.
"It is equally to the interest of all the Governments concerned in the sealing industry that it should be protected from all serious risk of extinction in consequence of the use of wasteful and injudicious methods."
It will be remembered that the correspondence relative to the joint commission was concurrent with that in which the proposed arbitration treaty was discussed; and, indeed, it was only on the signing of that treaty that the commissioners were to become endowed with full authority for joint consideration and report.
The American commissioners were especially instructed by the
