ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 115 



more simple and practical to submit the new prohibited zones, as is the case as 

 regards territorial waters, to the exclusive supervision of the crui/.ers oi' the Imperial 

 navy, who would continue to conduct to Pctropaulovsk all vessels caught trespassing 

 until the conclusion of an ulterior agreement. 



The eorrespoudence proceeds; and tliat is the modus agreed upon for 

 one year only, reserving all rights to the Kussian Government, treating 

 this purely as an intermediate provision, the least, as they say, which 

 they could accept for their protection. 



The President. — The enactment is not for quite a full year; it is to 

 the 31st of December. 



Mr. Phelps. — You are quite right. It is not quite a full year. I 

 speak of it in general terms. 



Then on pages 27 and 28, the last I have to read from this document, 

 is another letter from Mr. Chichkiue, and he says they preferred to 

 leave this subject on the basis of an exchauge of notes, and not to draw 

 it up in the form of an agreement. 



Because the too concise wording of the above-mentioned draft would leave room 

 for certain misunderstandings, and perhaps even for complications, which it would 

 be desirable to avoid; 



Because the Imperial Government could not agree to the draft in question without 

 some reservations designed to safeguard their freedom of judgment in the future. 



It is understood that the agreement to be arrived at between our two Governments 

 will leave intact all the rights of Russia in her territorial waters. 



As to our reservations, they refer to the points mentioned below: 



1. In consenting to hand over to the British authorities the English ships engaged 

 in sealing within the prohibited zones, we do not wish to ijrejudice, generally, the 

 question of the rights of a riveraiu Power to extend her territorial jurisdiction in 

 certain special cases beyond waters jtroperly called territorial. 



2. The Imperial Government desire to preserve com[)leto liberty of action as to 

 choosing in the future between the two systems of protecting seals, either by the 

 method of a prohibited zone, or by the method of entirely prohibiting pelagic seal- 

 ing, or reguhitiug it in the open sea. 



3. The present arrangement cannot in any manner be considered as a precedent, 

 and will be looked upon by us as of an essentially provisional nature, intended to 

 meet present circumstances. 



With these reservations, we accept the British proposal in the following terms: 



These are then repeated, which I need not take up your time by 

 reading again except the second and third (as they have been the 

 subject of some discussion) as they liiially fouud expression: 



English vessels engaged in hunting within the aforesaid zones. 



That is, ten miles from that shore and thirty miles from the island : 



Beyond Russian territorial waters may be seized by Russian cruizers, to be handed 

 over to English cruizers or to the nearest British authorities. In case of impedi- 

 ment or difficulty, the Commander of the Russian cruizer may conline himself to 

 seizing the papers of the afore-meutioned vessels, in order to deliver them to a 

 British cruizer, or to transmit them to the nearest English authorities, on the first 

 opportunity. 



;i Her Majesty's Government engage to bring to trial before the ordinary Tri- 

 bunals, oft'ering all necessary guarantees, the English vessels which may be seized 

 as iiaviug been engaged in sealing within the prohibited zones beyond Russian terri- 

 torial waters. 



And that is agreed to. 



Sir Charles Kussell. — There is the final passage in Lord Kose- 

 bery's note: — "With regard to the reservation", on the same page. 



Mr. Phelps.— This is from Lord Kosebery to Mr. Howard who, I 

 sui)pose, was the Charge. 



Sir Charles Kussell. — Yes. 



Mr. 1 'HELPS. — 



With regard to the reservations made in Mr. Chichkiiie's Note, you will state that 

 Her .■^dajesty's Government has taken note oi them, but does not at present propose 

 to \^iscus8 them. 



