OBAL ARGUMENT OF HON. EDWARD J. PHELPS. 23 



Then, when pressed at Wasliiiijiton by Mr. Blaiue with this dehxy, no 

 excuse for which had been ofit'ered by Her Majesty's Government, 

 because they had heard from Canada, they Imd got this formal rei)ort 

 from the Privy Council of Canada signed by the Minister, and that 

 source was exhausted, still pressed, as he writes himself, by the Ameri- 

 can Minister calling upon him and urging dispatch, he writes a letter to 

 which I must allude, and which will be found in the 1st V^olnme of the 

 United States Appendix, page 238. It is quoted from by Sir Julian 

 Piiuncefote to Mr. Blaine, in a note of June the 30th, 1890: 



I have received a dispatch fvom the Marquis of Salishury with reference to the 

 passaije in your note to me of the 4th instant, in whicli you remarlc that in 1888 liis 

 Lordsliip abruptly closed the negotiations because "the Canadian Government 

 objected", and that he " assigned no otlier reason whatever". 



In view of the observations contained in Lord Salisbury's dispatch of the 20th of 

 June, of which a copy is inclosed in my last preceding note of this date, his Lord- 

 ship deems it unnecessary to discuss at any greater lengtli the circumstances which 

 led to an interruption of the negotiations of 1888. 



Wvth regard, however, to the passage in your note of the 4th instant above referred 

 to, his Lordshii> wishes me to call your attention to the following stateuient made 

 to him by Mr. Phelps, the United States Minister in London, on the 3rd of April, 

 1888, and which was recorded in a despatch of the same date to Her Majesty's 

 Minister at Washington: 



Under the peculiar political circumstances of America at this moment, said Mr. 

 Phelps, with a general election impending, it Avould be of little use, and indeed 

 hardly practicable, to conduct any negotiation to its issue before the election had 

 taken place. 



Now, let me say for myself, witliout making myself a witness, that I 

 am quite willing it should stand as Lord Salisbury remembers it, for 

 the purposes of this case; I did make a similar remark to his Lordship. 

 It had reference, however, to a very different subject, a proposed Treaty 

 between the IJuited States and the British Government on the subject 

 of the Fisheries on the East Atlantic. I said it was of no use to make 

 a Treaty with the expectation that it would pass the United States 

 Senate where a vote of two-thirds is required to confirm it, with a 

 political majority in the Senate adverse to the Government. And sub- 

 sequent events showed the correctness of that opinion, because an 

 excellent Treaty was made which failed of ratilicatioii by a strict iiarty- 

 vote. But let it stand, because I do not propose to testify. 



In the third British Appendix, page 189, is Lord Salisbury's letter to 

 Sir Lionel West stating this observation of mine. This is April 3rd, 

 1888, the time it was made, the time he refers to in his comn)unicatiou 

 with Sir Julian Pauncefote that I have just referred to, and he says, 



The United States Minister called upon me to-day, previous to his return to 

 America. He was anxious to speak to me especially with reference to the condition 

 of the seal fishery in Behring Sea. He expressed the hope instructions would soon 

 arrive which would enable the Russian Ambassador to negotiate on the subject of 

 establishing a close time during which the capture of seals in certain localities 

 should not be permitted; and be added that, whenever that Convention could be 

 arranged, it would put an end to all the diSiculties which had arisen with respect to 

 the seal-fishery in that sea. 



Mr. Phelps was very anxious for dispatch, because the destruction of the species 

 was enormous, and was increasing in volume every year. But under the peculiar 

 political circumstances of America at this moment, with a general election impend- 

 ing, it would, he said, be of little use, and indeed, hardly practicable to conduct 

 any negotiation to its issue before the election had taken place. He held it, how- 

 ever, to be of great importance that no steps should be neglected that couhl lie taken 

 for the purpose of rendering the negotiation easier to conclude, or for su])])lyiiig tiie 

 place of it until the conclusion was obtained. He informed me, therefore, unofficially, 

 that he had received from Mr. Bayard a private letter, from which he read to me'a 

 passage to the following effect : — " I shall advise that secr(^t instructions be given to 

 American cruizers not to molest British ships in Behring's Sea, at a distance from the 



