ORAL ARGUMENT OF CHRISTOPHER ROBINSON, Q. C. 291 



Then that letter was submitted by Mr. Phelps, as yon will find at 

 page 181 of the Appendix to which I liave been referring, with these 

 observations, as they are reported by Lord Salisbury to Sir Lionel West: 



The United States Minister called to-day at the Foreign Office and spoke to me 

 about the question of the protection of the fur seals in Beliring's Sea. 



He said that the difficulties in regard to the seal fisheries in that sea were mainly 

 connected with the question of the close time, and that no attempt had been made 

 by the authorities of the United States to stop the fishing there of any vessels at the 

 time when it was legitimate. 



Surely that contains a plain inference that there was in Behring Sea 

 a legitimate and an illegitimate time, that is to say, other than the one 

 proposed: in other words, that there was a time when it was legitimate 

 to take seals in Behring Sea and there was a time when it was illegiti- 

 mate to take seals in Behring Sea; and I suppose that Mr. PheliJS 

 thought that those were the lacts. 



i^ow what was done upon that was that this offer, as is usual and 

 right, was referred to the Colony which had the most important inter- 

 est in the matter by the Foreign and Colonial Office in London. On 

 the 3rd March, as appears at p. 182, the Foreign Office transmitted to 

 the Colonial Ofhce a copy of Mr, Bayaid's letter. Lord Kuutsford, 

 having received that, on the 12th March says, p. 183 : 



It will be necessary to consult the Canadian Government on the proposal to estab- 

 lish a close time for seals in Behring Sea before expressing a final opinion upon it. 



Showing that neither he nor Lord Salisbury at that time had the 

 knowledge of seal life which was necessary in order to enable them to 

 see the effect of this proposal. 



Mr. Phelps. — What was the letter you referred to? 



Mr. EoBiNSON. — It is shewn it was submitted, and Lord Knutsford 

 at page 183 says it will be necessary to consult: 



Mr. Phelps. — That is Mr. Bramston's letter I believe, on behalf of 

 Lord Knutsford. 



Mr. Robinson. — Yes, he was one of the Secretaries. 



In reply, to your letter of the 3rd instant, I am directed by Lord Knutsford to 

 acquaint you for the information of the Marquis of Salisbury, that he thinks it Avill 

 be necessary to consult the Canadian Government on tlie proposal to establish a close 

 time for seals in Behring Sea before expressing a final opinion upon it. 



A copy of your letter and its inclosure has been forwarded to the Governor General. 



That was Lord Lansdowne at the time 



with a view to obtaining an expression of the views of his Ministers upon it. 



I am to add that Lord Knutsford is inclined to view the proposal of the United 

 States Government with favour, but that he presumes that it will be made quite 

 clear, should Her Majesty's Government assent to it, etc. 



The rest is not very material and does not affect the subject matter 

 of the controversy. Then, the proposal having been sent out in accord- 

 ance with that view, on the 7th July, 188S, referring to page 213 of that 

 same Appendix, the Government of Canada, having considered it, sent 

 a memorandum expressing their view ui)on it, and citing the despatch 

 or conversation referred to by Lord Salisbury. In this memorandum 

 it is said. 



This clearly implies that Lord Salisbury had been led by the United States min- 

 ister to believe that there is a fixed close and open season for the killing of seals in 

 Behring's Sea which is common to all vessels of all nationalities, and that during the 

 open season these may legitimately and without molestation pursue the business of 

 catching seals. 



The facts of the case appear to be that within the limits of the Territory of Alaska, 

 R'hich by the United States cnritcntion includes the waters of Pehring's Sea as far 

 westward as a line drawn li-om a point in Behring's Straits South-west to the merid- 



