ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 85 



ask for 10 miles because of the vessels stopping outside and tbe boats 

 tliemselves going in. 



Then you- will And, on page 14, Lord Eosebery's reply, agreeing in 

 tins proposal; I need not read much, but, at the beginning of the letter, 

 Lord Eosebery calls marked attention to Mr. Ghichkine'a statement: 



Her Majesty's Government laave given tbeir most careful consideration to the note 

 of Mr. Chichkine of the 12th (2Ith) ultimo, inclosed in your Excellency's despatch 

 of the following day, and stating the measures which the Russian Government deem 

 necessary for the protection of their sealing interests in the North Pacific during the 

 approaching fishery season, and which are submitted to Her Majesty's Government 

 for consideration with a view to their acceptance. 



Those measures consist in: 



(1) The prohibition of sealing to vessels not specially authorised within a zone of 

 10 miles from the Russian coast. 



(2) The extension of this prohibitive zone to a distance of 30 miles round Rohben 

 Island and the Commander Islands. 



For the purpose of securing the due observance of these restrictions, it is proposed 

 that the Russian cruisers should be authorised to pursue and seize all vessels whose 

 boats or crews have been found fisbiug for seals within the prohibited limits, and 

 further to pursue and search any vessels whose boats have been seen within those 

 limits whether actually employed in seal hunting or not. In the latter case the 

 presence on board of instruments specially employed, in seal hunting or of seal-skins, 

 the majority of which are those of females, is to beheld to afford suiificient i^resump- 

 tive evidence to justify seizure. 



Her Majesty's Government take note of the statements made in M. Chichkine's 

 note that the Russian Government have no intention of disputing the generally 

 recognized rules of international law as to territorial waters, that these measures, 

 of an exceptional and provisional nature, are designed to meet a pressing emergency, 

 and that Russia is desirous of entering at once upon discussions with the Govern- 

 ments of Great Britain and the United States with a view to an agreement between 

 the Powers principally interested for the proper control of the sealing industry. 



Then, at page 15, Lord Eosebery undertakes, on behalf of the Govern- 

 ment, to issue the necessary instructions, and refers to the i^rivilegeof 

 British vessels resorting to Eussian ports for shelter repairs and sup- 

 plies; and expresses, as would be expected, the willingness of Her 

 Majesty's Government to agree in any reasonable arrangement for the 

 proper protection of seal life. Then: 



If these proposals should, as I hope, be agreeable to the Russian Government, I 

 should be glad to learn at the earliest moment tbeir views as to the limitation which 

 they would agree to place on the number of seals to be killed on the islands. The 

 Rei^orts of the British Commissioners as to the care that, as a rule, has heretofore 

 been taken to prevent anj' excess in this respect on the Komandorski Islands, lead 

 me to believe that there would be no difficulty in arriving at an agreement on this 

 point. 



My learned friend, Mr. Eobinson, reminded me, and I am very much 

 obliged to him, because it is important to note, as I shall presently, that 

 the Eussian Government, as a consideration for Great Britain restrain- 

 ing the legitimate rights of their sealers, ofitered to reduce or limit the 

 number of seals to be killed. It appears also in fact on page 15, a little 

 higher up than that; and these are Lord Eosebery's words: 



The Russian Government would further engage that the number of seals to be 

 killed on the Russian seal islands should be limited to a certain specified number to 

 be agreed upon before hand, or to a certain proportion, to be equally agreed upon, 

 of the total number of seals estimated to have resorted to the islands in the season. 



The Russian Government would further allow an Agent of the British Government 

 to land upon the islands for the purpose of consulting with the Russian authorities 

 on the working and observed results of the arrangement. 



Therefore, you will observe that the proposition coming from Eussia 

 was that, by agreement, there should be a zone of 30 miles and a zone 

 of 10 miles in order to protect the sealing Islands, an infringement ot 

 the ordinary territorifil waters; and that, in consideration of those con- 

 cessions they, Eussia, would limit the number of seals to be killed on 

 the Island. 



