42 ORAL ARGUMENT OF SIR CHARLES RUfiSELL, Q. C. M. P. 



Of course, the great argument of force might be replied to me in tliis 

 connection. It might be said, and with a great show of reason, that, 

 if Great Britain and the United States were standing side by side in a 

 dispute of this kind, it would be very difficult for any other Power to 

 resist or gainsay their will in this particular matter. Quite true; so it 

 would, as a matter of force, but as a matter of reason (which is the 

 domain to which I am now addressing myself), it is obviously a part, if 

 I may respectfully so i^ut it, of the duty of the Tribunal to frame Eegu- 

 lations which shall be reasonable in themselves and which shall recom- 

 mend themselves for acceptance by other Powers. 



I need not say that it is the a/jp/ta and omega of my argument that 

 there is no right to exclude the nationals of other Powers from pelagic 

 sealing; that it is the right which I have been claiming not for Great 

 Britain or the nationals of Great Britain, or the nationals of the United 

 States, but for mankind, without any exception, of any Power, great 

 or small. 



Lastly, and this is a very general observation, a general condition 

 touched upon early in my observations, that the Eegulations must be 

 marked, putting it respectfully, with a spirit of fair adjustment of 

 rights which expediency suggests in the circumstances of the case; 

 and, for the preservation of the fur-seal species, should be subject to 

 certain limitations and restrictions. 



Now, Sir, I have said all that I desire to say on the subject of general 

 considerations, in the light of which the question of Regulations is to 

 be approached. 



Now for a few moments I will ask the Tribunal to turn to the British 

 Commissioners' report. I am not going to dwell at any very great 

 length upon this report, but I think so far as I shall have of course to 

 criticise the suggestion of the American Commissioners, and particu- 

 larly the suggested scheme if scheme it can be called, put forward 

 yesterday evening. I wish first of all to see how the matter has been 

 dealt with and approached by the British Commissioners. First let 

 me make this clear, that these Commissioners, in the suggestion that 

 they are making are dealing with a scheme which shall be general in 

 its application. They are not dealing with a scheme under the treaty 

 or with reference to the treaty. They are asked to report upon the 

 condition of seal life in and in connection with the Pribilof Islands. 

 They are asked to report upon the cause of the injury which that seal 

 life is said to be suflering from, and they are asked to suggest what are 

 the steps which in their judgment ought to be taken to remedy the 

 state of things supposed to exist. 



Senator Morgan. — All that was done. Sir Charles, if I remember 

 rightly before the treaty really was signed. 



Sir Charles Eussell. — Quite true, Sir, but no doubt in view of it. 



Senator Morgan. — Of course. 



Sir Charles Eussell. — Quite so and what I want to guard against 

 is this, that you *find they make suggestions which would have no 

 application outside Behring Sea, for instance they will be found to have 

 made suggestions, and important suggestions, with regard to the Prib- 

 ilof Islands. I mention those subjects to show they had not the treaty 

 before them upon which they were placing any particular construction 

 and dealing with regulations pointed distinctly to the provisions of that 

 treay, but they are dealing with the matter upon the supposition — and 

 not an unnatural one as I conceive — that the United States w^ould have 

 been willing to concur with Great Britain in submitting the whole area 

 on and off the Islands to Eules or at least the consideration of Eules 



