ORAL ARGUMENT OF feIR CHARLES RUSSELL, Q. C. M. P. 73 



Sir Charles Eussell. I quite agree tbat the licensing system 

 would act as a check. 



Lord Hannen. — Tliey could be required to keep a log, stating when 

 tbey begin to fish, antl where they catch the seals, how many they 

 catch, and so on. 



Sir Charles Russell. — I am coming to that in a moment. 



Lord Hannen. — The other way, it seems to me, is a very artificial 

 way, of regulating the matter, saying they shall not start until a par- 

 ticular day. It is giving the advantage to particular sealers, and so on. 



Senator Morgan. — 1 would suggest to Lord Hannen that this is what 

 is done in the case of the hair seal on the northeastern coast, by the 

 laws of Newfoundland. 



Sir Charles Eussell. — The last suggestion that I have to make in 

 this connection — because this will be worked out more elaborately by 

 reference to the evidence — is that each of these licensed vessels should 

 be required as a condition to their having a license to preserve an accu- 

 rate record of their catch, and time, place, age, and sex, and certainly 

 similar regulations ought to be observ^ed upon the islands. 



Now I have said really all that I intend to say in the way of our sug- 

 gestions, which I confess seem to me to be — I perhaps ought not to 

 express my own opinion — to have been suggestions conceived in a broad 

 and liberal spirit by the British Commissioners, and a very large recog- 

 nition and a very honest recognition of what they conceive to be the 

 object of this treaty. 



Mr. Justice Harlan. — Are they reduced to writing separately? 



Sir Charles Eussell. — No; we will put them in a more definite 

 form later. 



Now, Mr. President, I have very little more to say on the question of 

 regulations except this: Senator Morgan I think already has intimated 

 the opinion in which we, representing the British Government, entirely 

 agree. The suggestion of the United States is that you should, in your 

 regulations, not merely lay down rules, but also lay down sanctions 

 and remedies and proceedings and methods for carrying out those rules, 

 for enforcing them. I cannot conceive that that is the function of this 

 Tribunal at all. It cannot be doubted that when this Tribunal has dis- 

 charged its functions of intimating the rules which, within its author- 

 ity, it thinks to be necessary for the object contemplated in the treaty, 

 that both the United States and Great Britain will be ready to give 

 effect by adequate measure to the enforcement of those rules on their 

 repective nationals. 



Senator Morgan. — I have been misunderstood, if I was understood 

 to express the opinion that this Tribunal should enforce its regulations 

 by prescribing penalties. 



Sir Charles Eussell. — I quite agree. I am anticipating that view. 

 That was not the course which was followed and wliich exists — one of 

 the Tribunal, I have no doubt, has acquaintance with the working of 

 it, — in the case of the Janmayen. Each of the powers interested in the 

 observance of that Janmayen Convention has made its own legislation 

 directly in restraint of its own nationals, and of course claiming the 

 right to deal with its own ships and in its own court of judicature. The 

 notion of an American ship being taken into a British port and there 

 dealt with, or a British ship, being taken into an American port, is of 

 course entirely repugnant to the national feeling which would prevail 

 either in one country or the other. 

 * The President. — You would also exclude the right of searching? 



Sir Charles Eussell. — Certainly. I have dealt with that point 

 already. Lastly, I have to make one reference. My learned friend 



