ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 83 



avocation provided they are careful not to infringe the Russian regulations, which 

 strictly prohibit the pursuit of seals and other animals within 3 miles of the Russian 

 coasts and islands. 



Then on the 2otli of January at page 5, Sir Robert Morier reports to 

 Lord Rosebery tlie result of his interview with Mr. ChiclikinCj and I will 

 read as much as is necessary from that paper: 



His Excellency said that he would not be able to do so until my note had been 

 returned from the Ministry of Domains, which was the Department which dealt 

 with the question of sealing, and to which it had been sent. He would press its 

 return, but there could be no doubt what the answer would be. The Russian Govern- 

 ment were not at present raising the pretension of prohibiting seal fishing on the high 

 seas, but were only determined to stoj) the resolute and organized attacks made upon 

 the rookeries within her territorial waters. I said that the strongest warning would 

 be given to British sealers to abstain from violating Russian territorial waters, and 

 that Her Majesty's cruizers would be instructed accordingly. 



His Excellency stated, incidentally, that he believed that in the case of the 

 sealers captured last season, it would be found that none of them had been taken 

 illegally, for if they had been seized outside'territorial waters, it was after the clear- 

 est proof that they had just emerged from them. I said this was a matter of evidence 

 in each particular case, which I could not attempt to judge ; but that from the state- 

 ments made by the Russian cruizers themselves, it was difficult to admit that the 

 captures were lawful. 



I call the attention of the members of the Tribunal j)articularly to 

 the report of the interview given by Sir Robert Morier, in which the 

 Russian representative draws the distinction between a legal taking 

 inside territorial waters, and an illegal taking outside. 



Now you may pass over the intermediate correspondence and come 

 to page 11 to the translation of the letter from M. Chichkine to Sir 

 Robert Morier which you will lind will have a very important bearing 

 when I come to discuss the question of Regulations and I read it now 

 so as not to have to refer to the correspondence again. This is the sec- 

 ond ]>aragraph: 



While thanking you M. I'Ambassadeur, for this action, of which the Imperial 

 Government takes note, 1 hasten to inform you that the question of the measures to 

 be adopted to ])revent the destruction of the seal species has been under considera- 

 tion for some time past, and that I have been obliged to wait the preliminary results 

 of this investigation before replying to the note which you were so good as to address 

 to me. In approaching, on the present occasion, the question of the seal fisheries, 

 I must first of all point out to your Excellency that tlie insufficiency of the strict 

 application to this matter of the general rules of international law resiiecting terri- 

 torial waters has been proved by the mere fact that negociations were commenced 

 in 1887 between the three Powers principally concerned with the object of agreeing 

 upon special and exceptional measures. 



I am desirous to avoid lengthening the matter by unnecessary com- 

 ment, but I must be allowed to point out that which will appear over 

 and over again in this correspondence that the attitude of Russia has 

 been consistent throughout, namely, claiming a right to exercise these 

 powers within the territorial limit subject to the agreement outside and 

 a reference to the fact that the general rules of international law are 

 not sufficient for the purpose required. 



Now turning to page 12 the letter continues. 



The following figures clearly show th is : 



The number of seals to be killed annually is fixed by the Administration in propor- 

 tion to the total number of seals. In the years 1889 and 1890, before the establish- 

 ment of the Anglo-American modus vivcndi, the catch amounted to 55,915 and 56,833, 

 while for the years 1891 and 1892 (after the above-mentioned agreement) the figures 

 fell to 30,689 and 31,315. On the other hand according to the statistical information 

 Avhich the Imperial Government, has been able to obtain, the (luantity of seal skins 

 of Russian origin delivered by the sealers to the London market increased during 

 those two years in an inlinitely greater proportion. According to the observations 

 made by the local Administration the uumljer of vessels engaged in sealing and seen 

 in the neighbourhood of the Commander Islands and lueleu (Robben) Island has 

 also increased considerably. 



