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



Mr, Phelps in liis printed arjjument make this statement at page 160. 

 It is in reference to what he supposes to have been the action of Kns- 

 sia. He says : 



The firm and resolute recent action of the Russian Government in prohibiting in 

 the open sea, near the Commander Islands, the same depredations upon the seal herd 

 that are comi^lained of by the United States in the present case, and in capturing 

 the Canadian vessels engaged in it, is well known and will be universally apiiroved. 

 That Great Britain, strong and fearless to defend her rights in every quarter of the 

 globe, will send a fleet into those waters to mount guard over the extermination of 

 the Russian seals by the slaughter of i>regnant and nursing females, is not to be 

 reasonably expected. The world will see no war between Great Britain and Russia 

 on that score. 



Ko indeed, it will not; because Russia is wise, and is wisely advised 

 and understands what the limitations of its rights in fiict are. Now I 

 wish to make this point clear, as my learned friend has invited atten- 

 tion to it. We know that the Russian Government is — or more cor- 

 rectly we ought to put it that the United States Government has been 

 in communication with Russia, and has been endeavouring to get Rus- 

 sia to make common cause with it upon this question. I refer, Sir, for 

 this purpose to the dispatch set out in the largest volume of all, volume 

 three. United States No. 3, 1892, part 4, page 21. It is only a sentence 

 and I need hardly trouble you to do more than take the reference to it. 

 It is from Sir Robert Morier to the Marquis of Salisbury, June 10, 1891, 

 from St. Petersburg: 



When your Lordship's telegram of the 2nd instant respeeting the seal question in 

 the Bering's Sea reached St. Petersburg on Wednesday morning, I chanced to be in 

 Finland; whither I had gone for an indispensable change of air. M. de Giers also 

 intended to proceed thither at the end of the week. The places where we were 

 staying were a considerable distance apart, and I was not sure which day M. de 

 Giers was leaving St. Petersburg. I did not know whether to go to the capital or 

 to his country-house. I accordingly telegraphed to Mr. Howard to at once address 

 a note to the Foreign Office in the sense of Your Lordship's telegram, and arrange to 

 meet M. de Giers at his country-house ou Sunday. By this means no time was lost, 

 for as early as Thursday night M. Chichkine, the Under Secretary of Foreign Affairs, 

 had telegraphed the contents of Mr. Howard's note to M. de Giers, who when I 

 reached him on Sunday, had had the i)apers connected with the subject sent ux) to 

 him and was in a position to give a provisional reply. 



His Excellency's statement was to the following effect. 



The question of seal hunting in the Behring's Sea had formed the subject of con- 

 tinuous negociatiou between the United States Government and his own for a very 

 considerable time, and many proposals had been submitted to him by the United 

 States Department, to none of wliicb, however, had he been able to give his assent. 

 So far as he could see, your Lordship's proposal was very reasonable, and its prin- 

 ciple — namely, to give the seal fisheries a year's rest in order to come to a definite 

 arrangement as to the best means for preventing the destruction of these valuable 

 animals — was one with which he had the fullest sympathy. 



I do not think there is anything else in that that I need read. My 

 point is to show that Russia was made aware of the pretentions which 

 the United States was advancing, and declined, as is there stated, to 

 join in those pretentions; but we are now in a position to put before 

 you reliably what is the attitude of the Russian Government. That 

 appears in a Parliamentary paper, with which I am not going to 

 trouble the Tribunal, but the effect of which I will shortly state. 



Mr. Carter. — What is about to be read now? 



Sir Charles Russell. — A Parliamentary paper, Russia No. 1, 1893. 



Mr. Carter. — Where is that to be found ? 



Sir Charles Russell. — It is not to be found in the books. It can- 

 not be, because it is a paper which was written in 1893. 



Mr. Carter. — Do you propose to put it in evidence? 



Sir Charles Russell. — 1 am proposing to meet a statement which 

 Mr. Phelps has made in his i)rinted argument, which bears with it a 



