ORAL ARGUMENT OF HON. EDWARD J. PHELPS, 317 



Yon do not seize the vessel, but yon send an application, accompanied 

 by i)apers which are good as far as they go, to the other side to proceed. 

 That is the point. If they do not proceed you have a diplomatic corre- 

 spondence. 



Lord Hannen. — To whom are the papers to be transmitted? 



Sir Charles Russell. — In the case of an English vessel seized by 

 Eussian authority — taken or copy taken by the Eussian authority and 

 transmitted to the English authority. 



Lord Hannen. — That is to say within the English judicial authority. 



Sir Charles Eussell. —Yes. 



Lord Hannen. — And you proceed on the papers as if the vessel were 

 there. 



Sir Charles Eussell. — Yes each Government undertakes to prose- 

 cute. 



Mr. Phelps. — What becomes of the vessel? Here is a vessel that, 

 on the theory of the case, is violating the laws of both countries. 



Sh- Charles Eussell. — It is charged with violating-. 



Lord Hannen. — The vessel is detained till the result of the trial. 



Mr. Phelps. — But it cannot be detained. 



Sir Charles Eussell. — And I do not understand that from the 

 Act as it has been passed. 



Lord Hannen. — Perhaps you can get a copy of the Act? 



Sir Charles Eussell. — Yes. 



Mr. Phelps. — A copy was sent to me very recently from the Ameri- 

 can Embassy, but I have not had time to read it; I only know that 

 there is such an Act. 



Is^ow, stop a moment and reflect: here you are in the Behring Sea. 

 There is no American Port nearer than the United States, and no Brit- 

 ish port nearer than British Columbia. The United States cruiser 

 seizes a vessel caught red-handed in the act, — a criminal vessel, so to 

 speak, if that is a correct expression, and takes her i^apers and sends 

 them home. There is no mail from there. You have to keep them till 

 the United States cruiser reaches some American port, when, by some 

 American official, these papers can be forwarded to Canada. Where 

 is the vessel in the meantime? You are dealing, I say, with a vessel 

 that is out for the purpose of violating the law and Eegulations; you 

 are not dealing with a responsible ship.' You are dealing with a tramp 

 of the ocean. Is it going back to surrender itself at British Columbia 

 for the sake of being condemned? What interest is there in a country, 

 where all the sympathy is all the other way, in prosecuting this vessel? 



The President. — They are registered vessels and covered by a flag. 



Mr. Phelps. — Yes. 



The President. — If they do harm in one year, they will not continue 

 to do it indefinitely. 



Mr. Phelps. — If they are not condemned, they will not go home, — 

 no ship of that character. I do not deal now with a vessel on an 

 upright errand which, having a false charge brought against it would 

 go home and meet it at once. 



The President. — But a ship cannot become a vagrant on the high 

 seas unless it is a pirate. 



Mr. Phelps. — No, but it can go to some other port and shelter itself 

 under another flag. I pointed out the other day what we meant as to 

 these vessels having a different ownershij) from the place of registry. 

 You see the practical difiiculty of dealing with a class of vessels, that 

 are caught in this business. The best tliat can be done on my leaiiied 

 friends' suggestion, Ib to take the X)ai)ers and, when the United States 



