ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 95 



party to these nefrotiations if they are not now improperly expanded. Under the 

 statutes of the United States the President is authorized to prohihit sealing in the 

 Behring Sea within the limits described in our convention with Russia and to restrict 

 the killing of seals on the islands of the United States, but no authority is conferred 

 upon him to prohibit or make penal the taking of seals in the waters of Behring Sea 

 westward of the line referred to or upon any of the shores or islands thereof. It was 

 never supposed by anyone representing the Government of the United States in this 

 correspondence, or by the President, that an agreement for a modus vivendi could be 

 broader than the subject of contention stated in the correspondence of the respective 

 governments. 



I need not remind yoa, Mr. President, the modus vivendi are tempo- 

 rary regulations — regulations for 1891 and regulations for 3892. 



Negotiations for an arbitration have been proceeding between the United States 

 and Great Britain, and, if these powers are competent to settle by this friendly 

 method their respective rights and relations in the disputed waters upon a perma- 

 nent basis, it would seem to foHow that no question could arise as to their compe- 

 tency to deal directly with the subject for a single season. 



That is, of course, my point put very graphically and clearly by Mr. 

 Wharton. 



On the 9th of June, page 312 of the same volume — 



Lord Hannbn, — We have had all these, you know. I see every pas- 

 sage has been scored by me as already read. 



Sir Richard Webster. — I will accept the hint, my Lord. I am 

 extremely obliged for a hint of tli^ kind; and whatever may be the 

 conseqnences to myself I am quite satisfied, I may say, to take the sug- 

 gestion made by any member of the Tribunal. 



The President. — Do you not believe the limitation put by Mr. 

 Wharton in this dispatch of June 4th, related merely to the preroga- 

 tive of the President? 



Sir Richard Webster. — Certainly, Sir. 



The President. — And you say the modus vivendi practically entered 

 into afterwards had been submitted to the Senate"? 



Sir Richard Webster. — But that also was limited to the same 

 area. 



The President. — The point of Mr. Wharton is that the President 

 could only make regulations temporary for the Behring Sea. 



Sir Richard Webster. — You will observe. Sir, that the modus 

 vivendi which goes to the Senate goes no further. The modus vivendi 

 does not go outside Beliring Sea at all. That is my view. 



The President. — All these treaties went to the Senate when they 

 had nothing to do with the power of the President. 



Sir Richard Webster. — I entirely agree, Mr. President. I point 

 out that the modus vivendi^ to which you have referred, which went to 

 the Senate, limited the damages to be paid and limited the remedies 

 to be given to the respective Governments to the area of Behring Sea. 



S'enator Morgan. — Do you mean the first or the second? 



Sir Richard Webster. — Both of them — both in 1891 and in 1892. 



Senator Morgan. — I am not aware that the one of 1891 went to the 

 Senate. 



Sir Richard Webster. — Then I correct that with regard to that 

 one going to the Senate. 



Senator Morgan. — The one of 1891 did not go to the Senate, but 

 the one of 1892 did go to the Senate, and was incori^orated in the 

 treaty. 



Sir Richard Webster. — My mind is entirely acting ujion the same 

 line. Whether 1 am right or wrong I have no right to say. 



