ORAL ARGUMENT OF CHRISTOPHER ROBINSOIST, Q. C. 313 



the history of it. 1 iiave never myself been able to ascertain for what 

 reason it was that that enormous change in this original was made. It 

 was not required to meet the objection Lord Salisbury had made; but 

 goes far beyond that, and gives it, according to my learned friends' 

 contention, a totally diflerent scope and a totally different effect. I do 

 not mean to say that you cannot suggest arguments about it by reading 

 these letters. 



I think you can. I only say that I have not been able to satisfy 

 myself how it took place, but the pages I have given you will enable 

 you to trace that out, and everything I know of is to be found at those 

 references which will throw any light upon it. 



The President. — At page 315, to which you alluded, there was a 

 distinct allusion to the North Pacific, both in the despatch of Sir Julian 

 Pauncefote and of Mr. Wharton. 



Mr. Robinson. — Yes, Mr. President, quite right; there is a distinct 

 allusion to the North Pacific, but there were other arrangements going 

 on at that time for a modus, and that is where the difficulty comes in. 

 You see the investigation of the Commissioners was always intended 

 to go into the North Pacific or even all over the world, and the diffi- 

 culty and confusion have arisen from the three negotiations going on 

 together; — the negotiation for a Coinmission, which was to extend all 

 over the world; the negotiation for this Treaty, M'hich as we contend 

 was confined to Behriug Sea; and the negotiation as to a modus. 



Senator Morgan. — You say "all over the world;" but you mean, I 

 sui)i)0.se, the North Pacific? 



Mr. Robinson. — As far as the seals went. 



The Ppesident. — Do not you think there was logic in putting in the 

 same area for both investigations? 



Mr. Robinson. — I should have thought not; I should have thought 

 you required clear words to show that you extended the area for Regu- 

 lations beyond the controversy as to the right, and the best proof of 

 that is that Mr. Wharton says in his letters the area of the modus is 

 confined to the area of the controversy. He says. 



We have never had a controversy beyond Beliring Sea. 



The Commission was never intended in its origin, or till it got into 

 the Treaty in these words, to do more than to supply materials for a 

 Convention. It was only intended to be a guide for a Convention. 



The President. — But the materials were to be fetched from the 

 Pacific, and, therefore, it is to be suxjposed the Convention was to apply 

 to the Pacific. 



Mr. Robinson. — Yes; but that is another Convention, and not this. 



Senator Morgan. — It seems to have been the hope of Lord Salisbury 

 and of the American negotiators that the Convention to which you 

 referred, which was substituted, rather anticipated the necessity for 

 the Arbitration. 



j\lr. Robinson. — I think, up to a certain time, there was a great hope 

 there would be some sort of an Agreement to put an end to the neces- 

 sity for it. 



The President. — Do not you think the Arbitration is an Agreement 

 put in another form, and confided to other persons? 



Mr. Robinson. — No; I find nothing to show that the imposing of 

 comi)ulsory Regulations on either Power was intended to be a substi- 

 tute for the Commission; and the best proof of that is that the Com- 

 mission from beginning to end was directed to show what Regulations 

 were necessary not as between Great Britain and the United States, 

 but as between Great Britain, the United States and Russia. The 



