ORAL ARGUME^^T OF SIR CHARLES RUSSELL, Q. C. M. P. 41 



■with the certainty that they wonhl aiiproach the consideration of the 

 position in which they then stood in the light of taller and more accu- 

 rate and a jnster appreciation of what the relevant facts are. I pass 

 from that general consideration. Tlie Tribunal will recollect that in 

 the correspondence previous to the Treaty and after indeed it had been 

 to a large extent reduced to the form which it ultimately took, that 

 Lord Salisbury desired to introduce a stipulation that the rules of the 

 Tribunal should be conditional upon the concurrence of other Powers, 

 and you will recollect also that the United States objected to that sug- 

 gestion and would not concede it, that Lord Salisbury did not insist 

 upon it as a condition of the Treaty, but reserved to himself the right 

 to represent the matter to tiie Tribunal. Now I wish to be distinct in 

 reference to that matter. I am not here at all asserting that the con- 

 currence of other Powers ought to be a condithm of the application of 

 your Pegulations. I have only to say in that connexion, however, 

 this, which I hope will be considered a just and i)rudent observation, 

 namely, that the Kegiilations ought to be of a character which will not 

 refjel, but which will rather invite the assent and cooperation of other 

 Powers. 



Let me remind you, Mr. President, that the Treaty has an express 

 stipulation upon this point. It is the concluding sentence of Article 

 VII. 



The Higli Contracting Parties furthermore agree to co-operate in securing the 

 adhesion of other Powers to such Regulations. 



I think you have followed the position I take. I do not suggest that 

 the concurrence ought to be a condition precedent to your Eegulations 

 or to the enforcement of your Kegalations, but I do suggest the regu- 

 lations themselves ought to be such as will probably, from their 

 reasonableness, secure tihe assent and co-operation of other j)owers. 



I will not dwell upon the point further beyond saying that, of course, 

 it is obvious that if you make a set of Regulations of a character which 

 would give a monopoly to the United States and exclude the nationals 

 of Great Britain from any share in the pursuit of the fur-seal that you 

 would be doing the very thing which not only would not invite the coop- 

 eration of other Powers, but which would suggest to the nationals of 

 other Powers whether, this being a fair tield for adventure and enter- 

 prise, they may not embark in it, and so the Executive Authority of 

 those particular nationals would have an interest not to co-operate, 

 but an interest to dissent from the observance of these rules. 



I do not need again, of course, to point out that the rules which are 

 made within the limits of their authority by this Tribunal are rules to 

 which the Government of the United States and Great Britain must 

 pay honest, bofia fide deference and respect, and must seek to have 

 effect given to them by legislation, which is a necessary means of giving 

 effect to them; but and when all that is done, when^your Regulations 

 are framed, and when legislation in the respective countries has been 

 accomplished for the purjiose of giving eft'ect to them, neither your rules 

 nor the legislation of the United States or of Great Britain affects any 

 other Power in the world, or tlie nationals of any other Power in the 

 world. If they are reasonable Regulations, if tliey are Regulations 

 which, in the circumstances of the case, commend themselves to the 

 good sense and S])irit of equity of other Powers, they will concur in 

 them, and will co-operate in giving effect to them; otherwise not. 



