320 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



Power is to carry out, or the machinery, in other words. That is to be 

 left to the respective Powers, and that is what is done under the Jan 

 Mayen Convention. Mr. Gram is conversant with that subject, and I 

 referred — and I thinly; my learned friend Sir Richard Webster referred 

 to the Jan Mayen Convention as aftbrdin*:^ the example which we sug- 

 gest can be followed by this Tribunal. That is the view of the Treaty 

 which I and my learned friends respectfully contend for and submit 

 for the Tribunal's consideration. 



Mr. Justice Harlan. — We could not then, in your view, provide that 

 the vessel seized should be turned over to either Government. 



Sir Charles Russell. — Our submission is that that must be left 

 to the respective Powers, to give effect to it, as it cannot be doubted 

 each Power will. 



The Prestdent. — Whatever provision we make will not have legis- 

 lative force till it is turned into legislation in each country; but we 

 have the right to propose the substance of the legislation that is to 

 intervene. 



Sir Charles Russell. — I have never said anything with deference, 

 to admit the right of this Tribunal to say that a vessel seized belong- 

 ing to Great Britain should be taken by the Americans into an Ameri- 

 can port and there adjudged or vice versa. I have never said anything 

 intentionally to that effect, and if I have inadvertently done so, I should 

 deeply regret it. I have the passages before me where we discussed it. 



The President. — Your opinion is that such Regulations ought not 

 to be made. 



Sir Charles Russell. — And more than that, that this Tribunal 

 may lay down Regulations, but we submit to the court that the 

 enforcement of these Regulations must be left to the different countries. 



Mr. Justice Harlan. — Yon deny that we can make a Regulation to 

 the effect that the ships of either Government may seize a vessel of the 

 opposite Government offending and take it even into the Courts of the 

 country to which the vessel belonged? 



Sir Charles Russell. — To put it shortly we submit the Tribunal 

 has no power to suggest sanctions. They may make Regulations but 

 have no power to suggest sanctions for the enforcement of those Reg- 

 nlations. 



The President. — The limit may be difficult to draw between enforce- 

 ment and Regulations and what is sanctions and what is merely 

 rules to be followed. Take "warnings," will you admit you have the 

 right to say that a ship of one nation may warn a sealing ship of 

 another nation. 



Sir Charles Russell. — That may be. 



The President. — That would be sanctions. 



Sir Charles Russell. — I should think Iiardly so. 



The President. — The limit is very difficult to conceive. I do not 

 understand how you could preclude this Tribunal from all the rights of 

 making such a com])romise between the two nations as they might 

 make if left to their own diplomacy. 



Sir Charles Russell. — When once this Tribunal have said what 

 they judge is fair and equitable, it leaves the moral obligation on each 

 power adequately by legislation to give effect to the observance of 

 those Regulations. 



Senator Morgan. — And only that. 



Sir Charles Russell. — I do not know that any difficulty has 

 arisen up to this time in any of the Fishery Conventions. 



