ORAL ARGUMENT OF HON. EDWARD J. PHELPS, 113 



that while we are here at this late period begging' of this Arbitration 

 some measure of protection that may preserve this herd of seals, they 

 obtained from the British Government instantly all that they claimed. 

 I refer you to Lord Rosebery's letter in reply. I say they obtained it as 

 a temporary measure; but see what follows"? The Earl of Kosebery, 

 with the diplomatic skill for which he is so iiistly distinguished, writes 

 this sentence; and, if literature of this kind were ever amusing, one 

 might be excused for indulging in a smile on reading this. 



The Earl of Rosebery to Sir R. Monier, that is the British Minister 

 at St. Petersburgh : 



Sir: Her Majesty's Government have given tlieir most careful consideration to the 

 note of M. Chichkine of the 12th (24th) ultimo inclosed in yonr Excellency's de- 

 spatch of the following day and stating the measures which the Russian Government 

 deem necessary for tlie ]irotection of their sealing interests in the Nortli Pacific dur- 

 ing the approaching fishery season and which are submitted to Her Majesty's Gov- 

 ernment with a view to their acceptance. 



Then he repeats the measures I have just read. 



Her Majesty's Government take note of the statements made in M. Chichkine's 

 note, that the Russian Government have no intention of disputing the generally 

 recognized rules of international law as to territorial waters, that these measures, 

 of an exceptional and provisional nature, are designed to meet a pressing emergency, 

 and that Russia is desirous of entering at once upon discussions with the Govern- 

 ments of Great Britain and the United States with a view to an agreement between 

 the Powers principally interested for the proper control of the sealing industry. 



While Her Majesty's government have not committed themselves to a decided 

 opinion as to the absolute necessity of any particular class of regulation for tlie 

 preservation of the seal species, they have more than once expressed their willing- 

 ness to take part in the framing of a general scheme for the protection of the seals 

 which shall have due regard to the various interests concerned. 



They quite recognize that the provisions of the modus vivtndi agreed upon between 

 Great Britain and the United States tends to drive the sealing-vessels of both those 

 nations, which have been accustomed to resort to the eastern part of Behring Sea, 

 to the waters adjacent to the Russian coasts, 



And so on. I need not read all that unless it is particularly desired. 

 Sir Charles Russell. — The next sentence I should be glad if you 

 would read. 

 Mr. Phelps. — I will read anything that is desired certainly. 



Her Majesty's Government could not admit that Russia has therefore the right to 

 extend her jurisdiction over British vessels outside the usual territorial limits, but 

 they are anxious to afford all reasonable and legitimate assistance to Russia in the 

 existing circumstances. They are ready to enter at once into an agreement with 

 the Imperial Government for the enforcement of the protective zones proposed in 

 M. Cliichkiue's note on conditions similar to those of their modus vicendi with tlie 

 United States, which it will be observed are of a reciprocal character. 



That reads a little like accepting an Invitation that has not been 

 issued. I find nothing in the note of Mr. Chichkine that invites from 

 Great Britain consent to these Kegulations. I find a courteous and 

 respectful notification that they will be propounded and insisted upon 

 and carried into effect, with the exj^ression of a confidence that Her 

 Majesty's Government will see the necessity and the propriety of them. 



The result of the correspondence then, for I must not take up too 

 much time with this unless my learned friend desires me to read some- 

 thing more of it, is that the measures Russia propounded are agreed 

 to, with the single addition that they will on the Islands refrain from 

 taking more than 30,000 seals. It had already appeared that for the 

 last two years they had only been able to get a little more than 30,000, 

 and that proposal of Great Britain they accept. But Mr. (Jhichkiiie 

 appeared to take the view that I do of this invitation; and he replies 



B s, PT XV 8 



