ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 97 



changed from one of geographical boundaries limited by Behring Sea 

 to one rehitiug to a class of seals that were in or habitually resorting 

 to Behring Sea, and that therefore the powers of the Tribunal were 

 extended to such regulations as might be sufticient and proper for the 

 protection of all that class of seals. 



Sir Richard Webster. — Mr. Senator, I cannot help saying — I say 

 it with all respect — that I think any such view would be, looking at it 

 broadly, a one-sided and unfair view. The United States within their 

 rights, for reasons best known to themselves, had said, "We will not 

 allow you to bring before the Tribunal as a matter of regulation any- 

 thing upon the islands". The United States, for reasons best known 

 to themselves, endeavored to withdraw from the Tribunal even the 

 consideration of what was going on upon the islands. They have pro- 

 tested that it is immaterial except so far as it bears on the question of 

 decrease. They could not, of course, shut our mouths with regard to 

 that part of the case; but they said, "Regulations upon the islands as 

 such cannot be made", and the Attorney-General agrees, and I of 

 course agree, that that is so. But it is equally certain that regulations 

 might be necessary for the preservation of the seal species upon the 

 islands. It is perfectly plain they might be necessary, as, for instance, 

 if the lease pernutted much too large a number to be killed. Suppos- 

 ing the 100,000 a year should turn out to be much more than ought to 

 be killed on the islands. There is nothing more unreasonable in the 

 area outside Behring Sea not being submitted to this Tribunal any 

 more than the question of regulations on the islands being submitted. 



Senator Morgan. — Regulations on the Islands, Sir Richard, were not 

 even the subject of negotiation. 



Sir Richard Webster. — I beg Senator Morgan's pardon, with great 

 deference. I do not desire to go back upon that; but I could point out, 

 if I were to go into the whole of this correspondence, that in the earlier 

 stages that it*was suggested on behalf of Great Britain, and objected 

 to by the United States. 



Senator Morgan. — But it was abandoned. 



Sir Richard Webster. — But that is my whole point, Mr. Senator. 

 You do not shut it out from the area of investigation when it has been 

 abandoned. 



Senator Morgan.— I thought it did. 



Sir Richard Webster. — Well, you shut it out from being that which 

 was to be dealt with by the parties, but it is clear that the original con- 

 ception of Sir Julian Pauncefote was that the whole question of seal 

 life should be examined into, and I must not be tempted by what you 

 have said to me but I must remind you that the Commissioners in 1891 

 put it beyond all question that Lord Salisbury did instruct the British 

 Commissioners to go into the whole matter. 



Senator Morgan. — That was before the Treaty was signed. 



Sir Richard Webster. — But it would not make any difference. Sir. 

 May I remind you. Senator Morgan, that when we were arguing some days 

 ago with regard to the question of the function of the Commissioners, 

 you then put to us that it was all in view of the treaty. Now when I 

 remind you of this power of the Commissioners, you say it was before 

 the treaty was signed. I only ask the same rule may be apidied in 

 both cases. 



I will not pursue that further. I will go at once to my point, if I can. 

 1 only say, with great respect, to every member of this Tribunal, that as 

 between the parties, what was submitted to this Tribunal was jurisdic- 

 tion over and regulations in Behring Sea, and that the United States 

 . B S, PT XIV 7 



