10 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q, C. M. P. 



that miglit be engendered by the string of vituperative epithets that 

 has been hurled at the pelagic Sealers. It is important to arrive at 

 some definite conclusion, if one can, as to what is in truth the part 

 which pelagic sealing has played in what is called the depletion of the 

 seals in and resorting to Bi-hring Sea because of course until you have 

 to some extent realized with some approximation at least to accuracy 

 what is the true measure of any mischief to the race of fur-seals 

 caused by pehigic sealing you will be without at least some of the data 

 absolutely necessary to assist you in determining what rules regulating 

 sealing ought to issue from this Tribunal. 



Senator Morgan. — As I understand, you insist that the Tribunal 

 has no right to establish Regulations to operate outside the Behring 

 Sea. It is scarcely worth while to argue a question of that kind. 



Sir Charles Kussell. — If you, Mr. Senator, will tell rae that you 

 accept that view, I will proceed at once, but I cannot assume that you, 

 much less the otlier Members of the Tribunal will do so. 



Senator Morgan. — Your insistence is that this Tribunal has no 

 jurisdiction to make any regulations for pelagic hunting outside Beh- 

 ring Sea. 



Sir Charles Russell. — Yes, that is my first. 



Senator Morgan. — That is the attitude of the British Government. 



Sir Charles Russell. — That is my first proposition. 



Senator Morgan. — Is that the attitude of the British Government. 



Sir Charles Russell. — I do not quite know what that means, Sir. 

 That is the argument. I submit. 



Senator Morgan. — As representing the Government. 



Sir Charles Russell. — I am here in the character in which I have 

 all along appeared. 



Senator Morgan. — If it is denied that this Tribunal has any juris- 

 diction to establish Regulations for pelagic hunting outside Behring 

 Sea, then another very important question would arise which, of course, 

 we have to determine upon our own responsibility, whether we can 

 enter u])on that question. 



Sir Charles Russell. — Upon which question ? 



Senator Morgan. — As to the power of this Tribunal to regulate 

 pelagic hunting outside Behring Sea. 



Sir Charles Russell. — Y^'ou have to consider that undoubtedly; 

 you have to consider the extent of your authority, I submit one view 

 to you which you may not accept. I do not at all — far from it — mean 

 to suggest that the question is not free from very great difficulty. 



Senator Morgan. — It is a debatable question. 



Sir Charles Russell. — I do not suggest or mean to suggest the 

 contrary; but the difficulty does not arise in my mind from the tone of 

 the correspondence, but from the terms of the Treaty and the provi- 

 sions in Article VII, with reference to what waters they shall extend 

 over. I do not find any logical difficulty in reconciling the portions of 

 the water in the Behring Sea over which they shall extend, but I have 

 felt bound to argue the question on another branch of the case already, 

 on the assumption that the Tribunal may not agree with the view I am 

 submitting, because, of course, I only submit the view as Counsel to 

 thejudgmentof the Tribunal which has the responsibility of determin- 

 ing and authoritatively determining them; and I must, of course 

 approach the matter alternatively, and I was on the second branch of 

 it, api)roaching it on the alternative that my contention was wrong, and 

 not one that would be accepted by the Tribunal. 



The (|uestion was, what regulalions, in and outside of Behring Sea, 

 they adjudged fit to make. That is the question to which I addressed 



