16 OKAL ARGUMKNT OF HON. EDWARD J. PHELPS. 



is to be found at page 196 of the 3rd volume of the British Appendix to 

 the Case. 



Sir: The Russian Ambassador and the United States Chargd d' Affaires called upon 

 nie this iit'teriioon to discuss the qnestion of the seal fisheries in Behj'ing's Sea, which 

 had been brought into prominence by the recent action of the United States. 



The United States Government had ex])ressed a desire that some agreement should 

 be arrived at between the three Governments for the purpose of ])rohibiting the 

 slaughter of the seals during the time of breeding; and, at my request, M. de Staal 

 had obtained instructions from his Government on that question. 



M. de Staal, you will recollect, Sir, was the Eussian Ambassador: 



At this preliminary discussion it was decided provisionally, in order to furnish a 

 basis for negotiation, and without definitively pledging our ijovernments, that the 

 space to be covered by the proposed Convention should be the sea between America 

 and Russia north of the 47th degree of latitude; — 



that gives the entire southern line — 



that the close time should extend from the 15tli of April to the Ist November; 



that was written before Mr. Bayard's suggested modification that he 

 would take the 15th October — 



that during that time the slaughter of all seals should be forbidden ; and vessels 

 engaged in it should be liable to seizure by the cruisers of any of the three Powers, 

 and sliould be taken to the port of their own nationality for condemnation ; that the 

 traffic in arms, alchol, and powder should be prohibited in all the islands of those 

 seas; and that as soon as the three Powers had concluded the Convention, they 

 should join in submitting it for the assent of the other Maritime Powers of the 

 northern seas. 



The linited States Charge d' Affaires was exceedingly earnest in pressing on us 

 the importance of dispatch on account of the inconceivable slaughter that had been 

 and was still going on in these seas. He stated that in addition to the vast quantity 

 brought to market, it was a common practice for those engaged in the trade to shoot 

 all seals they might meet in the open sea, and that of these a great number sank, so 

 that their skins could not be recovered. 



On the 28th of July there appears in the British Appendix the same 

 Volume, page 209, a letter from the United States Minister who had 

 then returned to London to the Marquis of Salisbury; I ask you to 

 notice this date, July 28th, 1888. 



This letter is as follows : 



My Lord: I beg to recall your Lordship's attention to the subject of the proposed 

 Convention between the Government of the United States, Great Britain and Russia 

 for the protection of the seal fisheries in Behring Sea. A considerable time ha« now 

 elapsed since the last conversation I had the honour to have with your Lordship in 

 regard to it, when it was mutually believed that an early agreement might be , 

 arrived at. 



I am sure your Lordship will concur with me in conceiving it to be for the interest 

 of all parties that a conclusion should be reached as soon as possible. And my 

 Government instructs me respectfully to urge upon Her Majesty's Government the 

 propriety, under existing circumstances, of immediate action. 



I understand the Russian Government to be ])repared to concur in the proposed 

 Convention as soon as the other Governments concerned are ready to assent to it. 



Here, sir, you have from Lord Salisbury in his letter to the British 

 representatives abroad, a statement which precisely concurs in every 

 particular with that of the American Minister, and the American charge 

 d'affaires, in representing this agreement to their Government. 



Then there took place a correspondence, or perhaps I should say 

 there had taken place in the meantime a correspondence from April to 

 July between the Governments, containing a suggestion made in the 

 form of a letter of the United States Minister, that has been read, as to 

 the means by which this convention should be carried into effect, and 

 whether legislation would not be necessary in both countries to 

 empower the Governments and the courts of the Government to enforce 



