70 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. U. P. 



as I did six months ago, which was notliing-, imi)lies of course that there 

 is a legitimate season. A " close time " means a time when you are for- 

 bidden, and implies a time when you are per-mitted. And this, of course, 

 had relation to Behring Sea, and to Behriug Sea only. But I need not 

 say that I do not charge Mr. Phelps with i)ad faith in the matter — I 

 merely charge him, and those who instruct him, with entire iguorance 

 in the matter, because the proposition of a close time from April to 

 September in Behring Sea would have meant to say in other words, no 

 pelapic sealing in Behring Sea; and I need not say that Mr, Phelps 

 would have been no party, if he had known it, to the fact of putting 

 forward a suggestion of a close time (which would have meant the pro- 

 hibition of pelagic sealing), without conveying to Lord Salisbury if he 

 knew it — I am sure he did not know it — that that meant no jjermissible 

 season at all. 



Now I leave the question of zone. I have made the suggestion and 

 I have given the reasons why I think a zone of a character which the 

 British Commissioners have suggested looking to the fact that a pro- 

 hibition of twenty miles from the shore means a prohibition of nearer 

 40 miles if not actually 40, would practically leave, during the breeding 

 season inside Behring Sea, an ample protection for the great mass of 

 the fur-seals, and the practical protection of all who were engaged in 

 the actual business of breeding and nursing while they are there. 



Senator Morgan. — Do you offer that in connection with your proj)- 

 osition for a licensing system, or independently"? 



Sir Charles Russell. — I mean the licensing system in connection 

 with it, so far as regards Behring Sea, with one other imijortant point: 

 The British Commissioners authorize the suggestion (and I submit it 

 is one which shows their perfect and entire good faith in the matter), 

 that there should be an absolute prohibition against any pelagic sealing 

 vessel entering Behring Sea before the 1st of July. That is in addition 

 to the zone which I am speaking of. The zone is a perpetual zone, you 

 understand — a regulation forbidding the entrance into Behring Sea of 

 any vessel before the 1st of July. 



Senator Morgan. — July or June? 



Sir Charles Kussell. — July, before the 1st of July; and I shall 

 show reasons why we justify that. 



Lord Hannen. — Do you mean justify it in the sense of proposing it 

 yourself as the proper time. 



Sir Charles Eussell. — Why we justify it as one which would be 

 effective for the object in view contemplated by the Treaty, and one 

 which would be just. But before I come to that I have, of course, a 

 word to say. We admit your perfect right, within your undoubted 

 jurisdiction, to say, as regards Behring Sea, no vessel shall enter before 

 the 1st of July. That is within your undoubted authority and juris- 

 diction. Outside Behring Sea we have already submitted — (E am not 

 going to re-open the question) for your consideration and determina- 

 tion, whether your authority extends beyond it"? If your authority 

 extends beyond it, and you feel justified in exercising that authority, 

 then of course I have to consider what ought to be the regulation out- 

 side Behring Sea. And now in that connection, without dwelling upon 

 tlie 1st of July, I will approach the question fiom the other point of 

 view, namely, from the point of view of earlier in the season. 



Senator Morgan. — The question whether our authority does extend 

 outside Behring Sea, is one for the determination of the Tribunal. 



Sir Charles Kussell. — I cannot doubt that you must determine 

 what is open to the Tribunal on the question of authority, and if you 



