ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 313 



vessels OT) the Chart. This (yiiai t shows the course of 8 of those Cana- 

 dian sealers which we pointed out on the Chart yesterday, the only 8 

 tliat went over to the Eussiau Islands. There is no selection because 

 we i)l()tted every one that we could, 



Mr. Justice Haklan. — Where are the logs of these vessels? 



Mr. Phelps. — They are in the British Counter Case, Volume II, 

 Appendix, page 187. 



You see where those 8 vessels started in the vicinity of Attn and 

 Agattu, belonging to the chain. You see the two Russian Islands, and 

 around them the red line indicates a 30 mile zone; the black lines show 

 the course of each vessel, so that it can be traced all the way where it 

 went. You will see, in the first place, how few of those vessels invaded 

 the 30 mile zone at all. — how few lines there are within the red circle 

 that indicates the 30-mile zone. 



The President. — You do not show where the Eussians made the 

 seizures? 



Mr. Phelps. — No; we show the logs. 



Sir Charles Eussell. — That is a fact in dispute between the two 

 Governments at present; but their allegation is they were seized within 

 the 3-mile limit or in hot pursuit outside the 3-mile limit. As to some, 

 it is admitted they were seized outside the three mile limit. 



Mr. Phelps. — We have plotted the logs of the vessels, and my 

 learned friend has correctly stated the contention. The contention is 

 that the boats had beeu within and were then found without; I do not 

 go into that. All we have is the statement that speaks for itself. 



The Pkesident. — That shows the log was not quite accurate. 



Mr. Phelps. — That is true. It is open to this criticism. We have 

 taken the logs of these vessels, not of the vessels seized. 



The President. — None of these. 



Mr. Phelps. — One I am told was, and the other seven were not. 

 We have taken the logs of these 8 vessels, and traced them on the 

 maps. If the logs are false or fictitious then, of course this amounts 

 to notliing, but assuming the logs were correct, because 7 of them were 

 not seized or complained of, you see where the sealing was done. Then 

 if you cast your eyes upon the black points indicated at the points of 

 the angles and courses outside, you will see where seals were taken 

 according to this log and the number where the catch is more than 50 

 in a day. Inside the 30 mile zone the catch is given, whatever it is, 

 whether more than 50 or not, and the actual number of seals shown to 

 have been taken by the log, within 30 miles, is shown on the map. 

 Outside of the 30-mile zone, only the daily catches were taken, that are 

 50 and upwards. 



Mr. Justice Haplan.— On the right of the map you see 219 seals 

 taken in the 30-mile zone. 



Mr. Phelps. — Yes, I am about to allude to that. The result is that 

 within the 30-mile zone, as shown by these logs there were 210 seals 

 taken; outside, 3,817. Now if the 30-mile zone had been then in force, 

 and had beeu observed and not violated, what proportion of the seals 

 taken by these eight vessels would have been saved? 219, or not 

 enough to warrant interference. 



Mr. Justice Harlan. — Do you mean it appears from the logs that of 

 4,020 seals 3,817 were taken outside the 30-mile zone. 



Mr. Phelps. — ^Yes, and 219 inside. 



The President. — The purport is, you do not mean to encourage the 

 Eussiau Government to renew their arrangements with England. 



