314 ORAL ARGUMENT OF CHRISTOPHER ROBINSON, Q. C. 



(Jonvention was never intended for any other purpose; it was to ascer- 

 tain what liegulations were necessary, or what Agreement was neces- 

 sary, as between Great Britain and the United States and Russia, and 

 any other Power. 



Senator Morgan. — Having first ascertained that any Regulations 

 were necessary. 



Mr. Robinson. — I assume that of course. I never doubted that that if 

 no Regulations were necessary none were to be made. It appears in the 

 correspondence that Lord Salisbury at one time wanted a distinct under- 

 standing that if Regulations were not necessary they should not be 

 made, and Mr. Blaine said it is no use putting that in because that is 

 the understanding. This Commission for the purpose of assisting in 

 framing Regulations to be imposed compulsorily on other powers was 

 never thought of till it got into the Treaty in the present form. The 

 Treaty covered the Islands, Behring sea and North Pacitic, and the 

 commission was to ascertain what arrangements were necessary, not 

 between Great Britain and the United States, but between Great Brit- 

 ain, the United States and Russia, or any other Power. 



Tlien I confess myself to liaving been always puzzled to ascertain 

 what was the meaning of Mr. Wharton's proviso, that was put in by 

 him, that the agreement for a Commission should be without prejudice 

 to the question submitted to the Arbitrators. I do not profess to know 

 why that was. It was suggested without explanation and accepted 

 without explanation. My own view is that it was probably because 

 the question as to rights was restricted while the Commissioners' 

 inquiries were not — it may have been put in for that purpose, but for 

 what purpose it was really put in we are absolutely left to conjecture. 



Tiie President. — It might mean that the conclusion come to by the 

 commissioners, even if they both agreed, would not be binding upon 

 the Arbitrators. 



Mr. Robinson. — Yes, they might be of use but not binding. 



The President. — I suppose that is what it means. 



Mr, Robinson, — Perhaps it meant that. I have tried to conjecture 

 a great many reasons for putting in a thing of which no explanation is 

 given. 



The President. — Yes it is all surmise and conjecture, and what you 

 have been explaning is nothing but conjecture — ingenious conjecture, 

 still it is nothing but conjecture. 



Mr, Robinson. — It is, and I do not pretend to say anything with con- 

 fidence about it, because when one man proposes a thing without 

 explaining it and another man accepts it without asking for an explana- 

 tion, it is only a question of surmise; and I have two or three different 

 surmises and conjectures'. One I have advanced — another you have 

 suggested. We cannot say what it was. I have pointed it out to you 

 as it strikes us in order to see what assistance can be given. 



The next thing is the purpose of these Regulations, because when we 

 get at the purpose, if we do get at it, we get a long way towards their 

 proi^er scope and general character. There is no question as to the pur- 

 pose of the Regulations; in one respect; the purpose was to prevent 

 the seal race from extermination. But the question is, against what? 

 It was to protect the seal race from extermination against something. 

 It surely was not against excessive killing on the Islands or immoder- 

 ate killing on the Islands, or wasteful killing on the Islands. That 

 would be perfectly absurd, because you must recollect we are discussing 

 this question on the assumption of equal rights. 



