306 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



In tlio first place, who is going to measure siicli a zone and who is 

 going to patrol it in seas that are aflfected by fogs and rain and rough 

 weatlier more than any other part of the world. In fact, as you will 

 remember, as has been i)ointe(l out, it is those qualities tliat are essential 

 to tbe life of the seals; that is why they make their home there, that 

 is the difficulty of finding any other home, and those constituents are 

 necessary. You will remember that the testimony is that in a drive, it 

 the sun comes out clear, it is necessary to suspend the driving and 

 wait, because if the seals are i)ushed along in the sun, it is very inju- 

 rious. Wlio is to patrol this? and what sort of a dispute is likely to 

 arise on the question whether you are within or without 20 miles in 

 such a sea as that — a solitude except for the sealers — not like the har- 

 bours of cities where there are light-houses and landmarks and land- 

 surveys and water- surveys, and all manner of craft. Who is to fix the 

 line, and how are you to prove it? It is, of course, vagne and indefinite; 

 but that objection is a small one, though not small by itself, — it is small 

 in comparison. Now, I should like to compare that proposal of the 

 British (Government with Lord Salisbury's Agreement that has been so 

 often referred to as to this close time and its dimensions. 



Sir Charles Kussell. — Lord Salisbury has denied there was any 

 agreement wliatever. 



Mr. Phelps. — I beg your pardon; he has most distinctly admitted 

 that he made it, and we have proved that he made it by the letters of 

 the British Government over and over again. 



Mr. Justice Harlan. — His language was that they had decided 

 "l^rovisionally." 



Lord Hannen. — "Provisionally." 



Mr. Phelps. — Yes. I know his words. I will come to that later. 



The President. — At any rate, it has had no conclusion except as a 

 draft. 



Mr. Phelps. — That is all. It was reported as agreed to by the 

 American Minister, — by the American Charge and it is admitted by 

 Lord Salisbury to have been made just as far as we ever asserted it to 

 be made — not that it was reduced to a Convention, but that it was 

 agreed upon as he says, "i)rovisionally", whatever that means; that is 

 to say, it was understood it was to be carried out, and we have shown 

 that it would have been carried out, except for the remonstrance of 

 Canada. 



Lord Salisbury's language is: "At this preliminary discussion it was 

 decided provisionally in order to furnish a basis for negotiations; and 

 without definitely pledging our Governments that the space to be 

 covered by the i)roposed convention should be the sea between ATnerica 

 and Hussia, north of the 47th degi-ee of latitude; that the close time 

 should extend from the loth of April to the 1st of November," and so 

 forth. And that is the best that Lord Salisbury can say. 



Sir Charles Russell. — In the same letter he says: 



My recollection remains nnciiancjefl, that I never intended to assent and never did 

 assent to the detailed proposals which were put forward on behalf of the United 

 States, reservinj^ my opinion on them for fuller consideration; hut that I expressed 

 the fullest concurrence on the part of Her Majesty's Government in the general prin- 

 ciple on which those proposals proceeded, namely, the establishment of such close 

 time as should be necessary to preserve the species of fur-seals from extermination. 



Mr. Phelps. — I shall not exhaust the small time that remains to me 

 in going over that subject again. 1 have read to tins Tribunal (and if 

 the references are forgotten I can furnish tlicm again)j all the letters 



