ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 11 



myself, and I was going to address myself first of all to the point that 

 it was necessary for the two-fold object of removing prejndice and also 

 of trying to get a measure, if 1 could, of the extent of mischief which 

 was properly and truly to be attributed to pelagic sealing, and to 

 examine brieily some of the leading facts in relation to that branch of 

 the question. 



As 1 pointed out, it is not possible for the Tribunal, without examin- 

 ing these facts and coming to some conclusion upon them, to comply 

 with the condition set out in the Treaty, or to give effect to the provi- 

 sions of the Treaty itself. 



Now, let me, at this stage before I proceed because it may save a 

 little time, proceed to some brief comments on the Treaty itself. The 

 preliminary recital on page 1 states that, the two Governments. 



licing desirous to provide for au amicable settlement of the questions which have 

 arisen between their respective Governments concerning the jurisdutional rights of 

 the United States in the waters of Behring's Sea, and concerning also tlie preserva- 

 tion of the fnr-seal in or habitually resorting to the said sea, and the rights of the 

 citizens and subjects of either country as regards the taking of fur-seal in or habit- 

 ually resorting to the said waters. 



Then comes the operative part of the Treaty which provides that: 



The questions which have arisen between the Government of Her Britannic Majesty 

 and the Government of the United States concerning the jurisdictional rights of the 

 United States in the waters of Behring's Sea, and concerning also the preservation 

 of the fnr-seal in or habitually resorting to the said sea, and the rights of the citizens 

 and suljjects of either country as regards the taking of fur-seal in or habitually 

 resorting to the said waters, shall be submitted to a Tribunal of Arbitration. 



Then in Article VI are the questions of right. 



Then in Article VII is that which deals in the question of Regulations : 



If the determination of the foregoing questions as to the exclusive jurisdiction of 

 the United States shall leave the subject in such position that the concurrence of 

 Great Britain is necessary to the establishment of Regulations for the proper protec- 

 tion and preservation of the fur-seal in, or habitually resorting to, the BehringSea, 

 the Arbitrators shall then 



that is to say in that event 



determine what concurrent Regnlations outside the jurisdictional limits of the 

 respective Governments are necessary, and over what waters such Regulations should 

 extend, 



I need not read the rest of it. 



Therefore, what the Tribunal have to consider, npon the hypothesis 



which I am now presenting, is, what regulations what concurrent 



regulations are necessary for the proper protection and preserva- 

 tion of the fur-seal? 



It will be observed, therefore, and I might as well, as my attention 

 has been drawn to it, make the observations in this connection, although 



I had intended to reserve them till a little later period it will be 



observed, therefore, that it is not regulations for the protection of the 

 fur-seal in the interests of the United States it is not for the protec- 

 tion of the fur-seal so that the United States shall be entitled or in a 

 position to kill the greatest possible number upon their islands — it is 

 not even regulations that shall keep the fur seal up to the highest 

 normal condition of equilibrium which it might arrive at in a set of 

 natural conditions where there was no artificial interference by man. 



It is not that — it is the preservation of the fur-seal, and it is the 

 preservation of the fur-seal for and in the interests of no one power, 

 the subjects of no one power, or the citizens of no one power — it is the 

 preservation of the fur-seal. 



