98 OEAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 



withdrew, properly if you like — I care not whether properly or improp- 

 erly withdrew within their rights direct jurisdiction over the islands j 

 and I say equally that Great Britain never submitted, if that is the 

 j)roper expression, jurisdiction as to regulations outside Behring Sea. 



Senator Morgan. — I did not insist upon that. I insisted that both 

 Governments had agreed that this Tribunal might take cognizance of 

 the necessary measures for the protection of fur-seals in or habitually 

 resorting to Behring Sea. 



Sir KiCHARD Webster. — If you were to take those words by them- 

 selves, they would include the islands. If the words were to be strained 

 against me in that way, it would actually include the" islands. The 

 measures which are necessary to preserve the seals — 



The President. — But there are other words. 



Sir Richard Webster. — I say if you were to take the words the 

 learned Senator puts to me by themselves, it would have included the 

 islands. 



Senator Morgan. — Not unless the Sea means islands. I do not see 

 how they could. 



Sir Richard Webster, — I must not appear to be arguing with you 

 too much, Sir; but I will call attention to the "proper protection and 

 preservation of the fur-seal in or habitually resorting to Behring Sea". 

 Now, if the words had not followed, "What concurrent regulations 

 outside the jurisdictional limits of the Governments are necessary", then 

 the words which you were good enough to call my attention, namely, 

 " regulations for the preservation of the fur-seal frequenting the islands" 

 would have included the islands as well. It is for that reason, Sir, 

 that I press upon this Tribunal that whatever may be the construction 

 they put upon Article VII, which was entirely within their own power, 

 I cannot do more than suggest the view that we contend for to them, 

 whatever construction they put upon it : viz that Great Britain in agree- 

 ing to this Treaty, was neither told, nor believed, that th'ey agreeing to 

 submitting regulations outside of the Behring Sea to Arbitrators. 



I have said all I intend to say upon the matter, because it has been 

 fully argued; and it was only delierence to the wish of my learned 

 friend, the Attorney- General, that I referred to the matter at all again. 



Senator Morgan. — I know you will pardon my desire to ascertain 

 exactly what are the powers of this Tribunal because I do not wish to 

 exceed them in any case or under any circumstances. This is all I am 

 addressing my remarks to. 



Sir Richard Webster. — Now, Mr. President, I shall not refer again 

 to the question of area ; but I will ask you to permit me to deal with 

 Behring Sea first; because whatever be the view, that which gave rise 

 to the discussion, that which called for this Treaty, that which the 

 United States sought to interfere with, was Behring Sea. And I cannot 

 help thinking that upon this question — it is not a matter which you will 

 lose sight of at all — that up to this day they have never moved hand or 

 foot to interfere with their own nationals and their own ships that were 

 sealing outside Behring Sea, almost to as great an extent as the vessels 

 of other nations. Therefore I shall not be doing wrong if I direct the 

 attention of the Tribunal as closely as I can to tlie question of Behring 

 Sea. 



Mr. President, I propose to state the propositions to which I am going 

 to address my argument. I have formulated them because, as I indicated 

 to you early this afternoon, I believe no living man, certainly no man 

 with my capacilies, could possibly hope with effect to address the Tri- 

 bunal ux)on every issue in this case. Every single matter has been 



