ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 27 



Again under date of May 22nd 1880, i)ages 207 to 209 of the same 

 book, Lord Salisbury writing to Sir Julian says : 



Her Majesty's Government would deeply reijjret that the pursuit of fur-seals on 

 the high seas by British vessels should iuvolve even the slightest injury to the 

 people of the United States. If the case be proved, they will be ready to consider 

 what measures can be properly taken for the remedy of such injury, but they would 

 be unable on that ground to depart from a principle on which free commerce on the 

 high seas depends. 



Sir Julian under date of June 3rd 1890, writes to Mr. Blaine at page 

 217 of the same book. 



Her Majesty's Government are quite willing to adopt all measures which will be 

 satisfactorily proved to be necessary for the preservation of the fur-seal species, and 

 to enforce such measures on British subjects by proper legislation. 



On June 9th 1890 at page 220 of the same volume Sir Julian writes 

 again to Mr. Blaine: 



Her Majesty's Government have always been willing, without pledging themselves 

 to details on the questions of area and date, to carry on negociations, hoping thereby 

 to come to some arrangement for such a close season as is necessary in order to pre- 

 serve the seal species from extinction. 



Then on June 20th 1890, Lord Salisbury writes to Sir Julian, at page 

 286 of the same book: 



Her Majesty's Government always have been, and are still, anxious for the arrange- 

 ment of a convention which shall provide whatever close time in whatever localities 

 as is necessary for the preservation of the fur-seal species. 



Then on the 21st of July 1891, Lord Salisbury again expresses him- 

 self thus to Sir Julian at page 290 of the same book: 



Whatever importance they 



(the British Government) 



attach to the preservation of the fur-seal species — and they justly look on it as an 

 object deserving the most serious solicitude — they do not conceive that it confers 

 upon any maritime power rights over the open sea which that power could not assert 

 on other grounds. 



And on page 244 of the same volume his Lordship says in the same 

 letter. 



Her Majesty's Government have no objection to refer the general question of a 

 close time to arbitration or to ascertain by that means how far the enactment of 

 such a provision is necessary for the preservation of the seal species, but any such 

 reference ought not to contain words appearing to attribute special and abnormal 

 rights in the matter to United States. 



These are but selections. There are other passages, to the same 

 purport, showing that the position which Great Britain assumed in the 

 second stage of this negotiation with Mr. Blaine was that the result 

 of the negotiation ought to be that all measures that were found to be 

 necessary for the protection of the seal, without regard to the advan- 

 tage of any nation or of any interest, should be taken. Then it was 

 proposed by Great Britain — this was all long after tlie views of Canada 

 had been heard — to have these measures ascertained by a Joint Com- 

 mission. The proposition for a Joint Commission, which resulted in 

 the provision of the modus vivendi of this Treaty, came in the first 

 place from Great Britain. It was in the first instance resisted by the 

 United States. It was adhered to by Great Britain with so much per- 

 tinacity that it was finally adopted. Having reached the point of 

 agreeing that whatever was necessary for the preservation of the race 

 would be assented to, the question then being what is necessary — a 



