ORAL ARGUMENT OF HON. EDWARD J. PHELPS. Ill 



The destructive character of the fishery is also shown by the number of seals 

 wounded or abandoned on the shore or within territorial waters, and afterwards 

 found by the local authorities. 



It will be seen from tbis that the moment a check to a greater or less 

 extent nuder the modus vivendi was pnt on the pelagic sealers on the 

 American side, Russia was pnt precisely in the iiosition in which we 

 stand to day; instantly the number of seals they were able to take on 

 their Islands fell off, though the Russian skins in market increased. 

 Immediately it became api»arent that part of this catch was females, 

 and when taken away, their young i)erished, and of those shot near 

 shore the greater part was probably lost or abandoned. 



This is the passage we come to: 



Tinder these circumstances, we think ourselves justified, M. I'Ambassadeur, in 

 expressing our entire confidence that Her Majesty's Government will admit the 

 urgent necessity of restrictive measures pending the establishment of international 

 sealing regulations between the Powers principally concerned. 



The Imperial Government on their side do not hesitate to recognize the fact that 

 protection cannot be carried out in a really satisfactory manner unless it is preceded 

 by some such agreement. Accordingly, they are disposed to enter into negotiations 

 at once with the Governments of Great Britain and of the United States of America; 

 but they recognize at the same time tlie absolute necessity of innnediate provisional 

 measures, both on account of the near approach of the sealing season and in order 

 to be in a position to reply in good time to the question contained in your Excel- 

 lency's note of the 11th (23d) January. 



With this object, and after thorough investigation, the Imperial Government has 

 thought it necessary to decide on the following measures to be in force during the 

 year 1893: 



They do not say: "We ask the consent of Great Britain" or "we 

 propose this measure;" they say after pointing out the necessity: 



The Imperial Government has thought it necessary to decide on the following 

 measures. 



1. No ship unprovided with a special authorization shall be permitted to hunt for 

 seals within a distance of 10 miles along all the coast belonging to Russia. 



2. This prohibited zone shall be 30 miles wide around the Commander Islands and 

 Tul^new (Robben) Island according to the Russian official maps, which implies that 

 the passage between the Commander Islands will be closed to vessels engaged in 

 sealing. 



With regard to the 10-mile zone along the coast, these measures will be justified 

 by the fact that vessels engaged in the seal fisbei\y generally take up positions at a 

 distance of from 7 to 9 miles from the coast, while their boats and crews engage in 

 sealing both on the coast itself and in territorial waters. As soon as a cruizer is 

 sighted, the ships take to the open sea and try to recall their boats from territorial 

 waters. 



With regard to the 30-mile zone around the islands, this measure is taken with a 

 view to protect the banks, known by the sealers as " sealing grounds," which extend 

 round the islands, and are not shown with sufficient accuracy on maps. These 

 banks are frequented during certain seasons by the female seals, the killing of 

 which is particularly destructive to the seal species at the time of year when the 

 females are suckling their young, or go to seek food on the banks known as " seal- 

 ing grounds," 



While requesting you, M. I'Ambassadeur, to bring the foregoing considerations to 

 the knowledge of Her Majesty's Government, I think it important to insist on the 

 essentially provisional character of the above measures adopted under pressure of 

 exceptional circumstances which maybe regarded as a caseof/07-ce majeure, and 

 analogous to cases of legitimate self-defence. 



It does not, of course, enter at all into the Intention of the Imperial Government 

 to dispute the genei-ally recognized rules with respect to territorial waters. In their 

 opini(m, far from attacking these general principles of international law, the meas- 

 ures which they think necessary to take must be regarded as confirming them, as the 

 exception jiroves the rule. 



Here you have stated over again on the part of Russia the American 

 case: 



The force of the arguments set forth above will certainly not escape the enlight- 

 tiued appreciation of Her Majesty's Government, and I am firmly convinced that they 



