ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 17 



the provisions of the stipulntions; ami it appears from that correspond- 

 ence that the sug-gestiou made by the American Minister to Lord Salis- 

 bury, as it was made to his own Government, was acceded to; that it 

 was proposed by his Lordship to have introduced into Parliament a bill 

 for the enforcement of this proposed Convention; that a copy of it was 

 promised to the American Minister, at his request, for the use of his 

 Government; that subsequently Her Majesty's Government thought it 

 would be better to enforce the convention in Great Britain through 

 orders in Council, and that was understood by Mr. White to mean tliat 

 no act of Parliament was necessary, but tliat the Executive would 

 enforce it through orders in Council. That mistake of his was subse- 

 quently corrected by an explanation from the British Foreign Office 

 that they only meant that instead of passing a definite bill prescribing 

 the manner in which a Convention should be carried out which was not 

 yet fornuilly executed, an act should be passed emi)owering the Privy 

 Council to issue such orders and under such circumstances as might be 

 necessary. 



I allude to this correspondence only to say that it is apparent from it 

 that the convention was agreed to be executed on both sides, and that 

 the details of it were all understood, and that it was likev>'ise tlie subject 

 of consideration and of conclusion as to the means by which it should 

 be carried into effect; and whether au act was introduced into Congress 

 for that purpose, 1 really do not know. Now, sir, why are we here? 



Sir KiCHAED Webster, — There is a letter of the 3rd of September 

 on page 220, from Lord Salisbury to Sir Lionel West, which I think 

 should be read in connection with what you are saying. 



Mr. Phelps. — I will read it with much pleasure : 



With reference to my despatch of the 16th April last, relative to the proposals 

 received from the Government of the United States for concerted action on the part 

 of the Powers interested in the matter, with a view to the establishment of a close 

 season for the preservation of the fur-seals resorting to Behrinjjfs Sea, I have to 

 inform you that I have recently had a long conversation with Mr. Phelps on the 

 subject. 



He stated that his Government were very anxious that an agreement should be 

 arrived at as soon as possibh^ 



I pointed out the difticnlties felt by the Canadian Government, and said that 

 while the scheme was favorable to the industries of the mother country, consider- 

 able apprehension was felt in Canada with respect to its possible eftect on colonial 

 interests. 



I added that I was still sanguine of coming to an arrangement, but that time was 

 indispensable. 



That letter is on my notes to have been read a little later in another 

 connection. 



Sir KiCHARD Webster. — I beg your pardon, Mr. Phelps. 



Mr. Phelps. — It does not disturb me at all. I am glad to read it at 

 this time to oblige my learned friend; because I was about to put the 

 inquiry — I had ])ut the inquiry — How come we here? After the agree- 

 ment that you learn from both these Governments had been made, its 

 details adjusted, the methods of its being carried into effect considered 

 and arranged, and after repeated applications by the United States 

 Government, based upon the urgency of the case, had been met by 

 saying that it was necessary to consult Canada. We have been spoken 

 of as comi)laining of tliat. Certaiidy not; it was the duty of the 

 British Government to consult the province on that subject, and we at 

 once acquiesced, as will be seen from the correspondence, in the pro- 

 priety of waiting until an answer could be had. Then we lind as late 

 as September, after the communication from Canada that 1 am about 

 to read iiom, Lord Salisbury writes that he had had a conversation 



B s, PT XV 2 



