ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 193 



Here is the locntion and tlie opportmiity of the pelagic sealer. Here is his chance 

 to lie at anchor over the shallow bed of iiehriug Sea 50 to 100 miles distant from the 

 Priliilof <_iroup where he has the best hohliug gronud known to saihtrs, and where 

 he can ride at any weather, safely swingino- to his cable, and in no danger from a 

 lee shore if it should slip. The immediate vicinity, however, of tho Aleutian Passes 

 is dangerous in the extreme to him. There he encounters terrible tide-rij)s, swift 

 currents and Curious gales formed through the entrances, with the very worst of 

 rough, rocky holding ground. 



Therefore I do not think I have overstated tliis matter. This is in a 

 letter to Mr. Bayard by jMr. l]lliott. It describes that and there is no 

 evidence to the contrary in the whole of these pai)ers. The suggestion 

 that ])elagic sealing when the vessel must be anchored or lying to while 

 her boats go out could take x»hice in such passes will not conimeud itself 

 to those who have experience in nautical matters of that sort. 



Senator Morgan. — How is it about the approaches to tliose passes. 



Sir EiciiABD Webster. — I should have thought outside^ of the intlu- 

 ence of the currents there was no difference. It was part of the Behring 

 Sea on the one side and part of the south Pacific Ocean on the other. 

 There is no evidence about it. The whole point put to me as I under- 

 stand it was intercepting the seals en masse as they pass through the 

 Aleutian Island passes. 



Now there are two subjects which my learned friend Mr. Robinson, 

 to whose assistance I have been iuunensely indebted, 'has been good 

 enough to say he will take under his charge. The one is the allegation 

 of waste in connection with pelagic sealing itself — waste by killing and 

 by loss of those killed and wounded — by supposed missing or wounding 

 a subject on whicli I say with all submission there has been on the part 

 of the United States very great exaggeration, and also including the 

 incident of green hunters upon which my learned friend Mr. Coudert 

 was so eloquent — that we insisted that there should be green hunters 

 on board the schooners whose function was to wound and not to capture 

 in order that they might be taught this trade. As a matter of fact no 

 such rule has ever i>revailed or been in force at any time in the sealing 

 vessels coming out from British ports and the other subjects to which 

 my learned friend Mr. Robinson will if necessary direct the attention 

 of the Tiibunal is the question of the sup])osed immunity from raids 

 which is claimed by tlie United States as being incident to their man- 

 agement of the Islands. There certainly is a body of testimony in these 

 papers to show that in so far as any claim of merit is to be put forward 

 on belialf of the United States on the ground that they have been pro- 

 fecting the seal species from raids, their guard has been anything but an 

 efiicient one. Those two subjects are not the limit of the subjects my 

 learned friend JMr. Robinson will refer to of course, but he has been 

 good enough to Siiy tliat he will take those under his chaige. 



Now subject to handing in the written proi)Osed Regidations I have 

 finished the consideration of the Regulations upon the assumption that 

 the Islands are properly managed, but there remains a very im])ortant 

 ])art of this case to which again andperhai)S I hope almost for the last 

 time, I have to ask the close attention of the Members of the Tribunal 

 and that is the question of the real cause of the decrease. You will 

 remember that by the Treaty you are directed by Article VII to find 

 out what Regulations are necessary for the proper ])rotection and preser- 

 vation of the fur-seal. I have already indicated that the scope of your 

 jnrisdictiou is in our submission in Behring Sea. Now I want to direct 

 your attention to the bearing and meaning of that word "necessary" 

 because upon the evidence now before the Tribunal, atsd I ask every 

 member of the Tribunal, to be good enough to give me his judgment iu 



B s, PT XIV 13 



