ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 87 



Thus, the Imperial Government would be disposed to limit for tlie current year the 

 number of seals to be killed on the islands to a maximum of 30,000, reducing thus 

 20,000 the average of 50,000 jirovidedfor in their contract with the sealing Company. 



They would not object to an Agent of the British Government coming to the 

 islands in order to discuss matters with the local authorities, and to obtain informa- 

 tion from them as to the working and results of the arrangement. The i)lace and 

 the time of his visit should, of course, be tixed hereafter. 



Then : 



There would certainly be no modification as regards the facilities which English 

 A'essels enjoy in Russian ports for refuge, repairs or supplies. 



The arrangement agreed upon would have no retrosjiective force, because the 

 diftereut cases of seizures effected last year have been already examined by a special 

 Commission on the basis of general principles of international law. 



It was that to which I referred to-day when 1 told you that we had 

 known, though we luid not been able to mention it before, that this ques- 

 tion of the rights and wrongs of last year had been referred to an Inter- 

 national Committee and we knew that the Russian distinguished adviser 

 on international law was a member of that Committee, whose opinion we 

 have already referred to in connection with this case. 



Finally, in regard to the first point of the proposal contained in Lord Rosebery's 

 despatch, the Imperial Government are of opinion that it would be quite impossible 

 to apply it as it stands, at any rate iiuder the circumstances existing for the present 

 fishing season, especially as to the engagement to hand over to the English cruisers 

 or to the nearest British authority the English vessels caught trespassing outside 

 territorial waters within the forbidden zones of 30 and 10 miles. 



Then occurs a discussion, which I do not think my learned friends 

 will think it necessary for me to read, with regard to the alternative 

 suggestion. If they should not happen to find a British cruiser, they 

 must take the vessel to some other port for that purpose. 



Then, at the bottom of page 23, Sir Robert Morier states: 



That Her Majesty's Government would not consider themselves justified in hand- 

 ing over British subjects and property captured outside of bona fide territorial waters 

 to the jurisdiction of any Government but their own. But there ought to be some 

 way of turning the difficulty, such, for instance, as a British cruiser being stationed 

 at Petroijaulovsk or Vladivostock. 



Then, on page 24, you will find the draft agreement, which is, I 

 believe, the agreement that has been entered into; I do not remember 

 any modification of it. If there be, it will appear in the later docur 

 ments; and I read the first paragraph: 



During the year ending the 31 December, 1893, Her Britannic Majesty's Govern- 

 ment will prohibit British subjects from killing or hunting seals within the follow- 

 ing limits: 



a) Within a zone of 10 marine miles following the sinuosities of the Russian 

 coasts which border on Behring Sea and any other part of the A'orth I'acific Ocean. 



b) Within a zone of 30 marine miles round the Komandorsky Islands, and round 

 TuMnew (Robben Island). 



Then : 



Her Britannic Majesty's Government Undertake to co-operate with British cruizers 

 in preventing British subjects from killing or hunting seals witbin the aforesaid lim- 

 its. British vessels engaged in killing or hunting seals within the aforesaid limits 

 may be seized either by British or Russian cruizers, but if seized by the latter they 

 shall forthwith be handed over at Yokohama, or at any port in the British posses- 

 sions or to the Commander of any British ship of war for trial by the I5ritish 

 authorities. 



That is what was suggested by Sir Robert Morier as a way out of the 

 difficulty. 



The Imperial Russian Government engage to limit to 30,000 the'number of seals 

 which may be killed during the whole of the year 1893 upon or around the said 

 Islands of Komandovsky and Inlenew (Robben Island). 



