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



It is agTeed that a British Agent may when so desired by Her Britannic Majesty's 

 Government, visit tlie said Ishmds to confer there witli the Authorities and to inquire 

 into the working and resnlts of the present Agreement. 



The present Agreement will in nowise affect the facilities hitherto accorded in 

 Russian ports to British vessels as regards refuge repairs obtaining supplies or other 

 matters for which they may properly require access. 



It is understood that the present Agreement relates solely to the year 1893. It has 

 consequently no retroactive force of effect — more esjjecially as regards the British 

 vessels captured previously by Russian cruizers. 



Then on page 27 will be fouucl tlie Kussiau reply to tbat draft. 



I have the honour to inform you that the Imperial Government while accepting the 

 draft arrangement annexed to that communication, ijrefer to give it the character of 

 an exchange of notes, for the following reasons: 



Because the too concise wording of the above-mentioned draft would leave room 

 for certain misunderstandings and perhaps even for complication, which it would be 

 desirable to avoid; 



Because the Imperial Government could not agree to the draft in question without 

 some reservations designed to safeguard their freedom of judgment in the future. 



It is understood that the agreement to be arrived at between our two Governments 

 will leave intact all the rights of Russia in her ferritorial waters. 



As to our reservations, tliey refer to the points mentioned below: 



1. In consenting to hand over to the British authorities the English ships engaged 

 in sealing within the prohibited zones, we do not wish to prejudice, generally, the 

 question of the rights of a riverain Power to extend her territorial jurisdiction in 

 certain special cases beyond waters properly called territorial. 



2. The Imperial Government desire to preserve complete liberty of action as to 

 choosing in the future between the two systems of protecting seals, either by the 

 method of a prohibited zone or by the method of entirely prohibiting pelagic seal- 

 ing, or regulating it in the open sea. 



3. The present arrangement cannot in any manner be considered as a precedent, 

 and will be looked upon by us as of an essentially provisional nature, intended to 

 meet present circumstances, 



I pause to note here I tliink notLiug could be more reasonable than 

 Eussia reserving her position at the present time. We know from the 

 correspondence that has been printed she had been kept in constant and 

 close communication with the United States. We know that she 

 declined to ally herself with the United States in their contention; and 

 this question is now raised before a great Tribunal, and if the result of 

 this Tribunal should be to declare property in these animals /erte yiaturce 

 on the high seas or to declare the right of a nation to exercise these 

 extraordinary rights of seizure and search, it was certainly most rea- 

 sonable that Russia should not have bargained herself — so to speak 

 contracted herself out of the opportunity of taking advantage of this 

 award. 



Senator Morgan. — Has there been any comi^laint or is it a fact that 

 pelagic hunting has existed on the Japanese or Russian coasts by fol- 

 lowing up the herds before they reached the lands. 



Sir Richard Webster.— To a certain extent, but not much practi- 

 cally speaking, though there was some, as appears. Until the modus 

 Vivendi the pelagic sealers had not gone across to the western side of the 

 ocean. 



Mr. Phelps. — Will my learned friend allow me to ask him from what 

 he infers the Russian Government declined, as he says, to participate 

 with the United States on the ground they did? 



Sir Richard Webster.— The letter has been read and it is printed 

 at page 22. The date is the 10th June, 1891. 



Mr. Phelps.— That I am aware of. 



Sir Richard Webster.— It is from Sir Robert Morier to Lord Salis- 

 bury, and it stated the question of seal hunting in the Behring Sea had 

 formed the subject of continuous negotiation between the United States 

 Government and his own for a very considerable time and many j)ro- 



