30 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 



I wish to make this position as to the conditions on which they offer 

 this coiumodity to mankind pretty plain. If they disapprove — and I 

 believe they do disapprove — of pcla.uic sealing, I am going to give tliem 

 the benetit of a suggestion which will put an end to jx'lagic sealing. 

 What is it that has made pelagic sealing worth the efforts and enter- 

 prise of the men who have now made it a considerable commerce'? It 

 has been the fictitious, enhanced value that has been put upon seal- 

 skins by reason of the exaction which the United States make in resj^ect 

 of every skin brought in to their dominions — an exaction from wliich 

 the territories outside their dominions are free. What is that? For 

 this is a matter that I think is not yet in the apprehension of the 

 Tribunal. 



From 1870 to 1880 the United States were paid a yearly rental of 

 $55,000 for the tenure of these islands. In addition to that they imposed 

 a tax of -$2.02,5 per skin, which on a hundred thousand skins would 

 amount, spreading the rental over the entire number, and adding, of 

 course, the exaction per skin, to $3.15 per slvin, or thirteen shillings in 

 Englisli money. From 1800 the rent Avas $00,000 yearly rental for a 

 lease from 18'J0 for twenty years, which w^ould expire, therefore, in 1910. 



The tax was raised to $9.02.5 per skin, and the limit was 60,000 skins 

 per year; and in the same way, taking the yearly rental of $60,000, and 

 adding a proportionate part to the $9.02.5 per skin, we find that the 

 exaction in respect of each skin is $10.62, or over 42 shillings, English 

 currency. There is the secret of pelagic sealing. Those who think 

 they have the right to pursue it, United States citizens be it noted 

 amongst the rest, Caniulian settlers amongst the rest, subjects of the 

 Queen inhabiting these parts, are tempted to engage in it; and it is 

 that A-ery exaction which su])plies the motive and gives the reason for 

 pelagic sealing. I need not say that I am not questioning the right of 

 the United States in its wisdom and judgment to impose any tax it 

 pleases, under any conditions it pleases, upon those who are subject to 

 its rule. That is not the object of my argument. My argu- 

 756 ment is to show that it is this very exaction which gives to those 

 who are outside the dominion of United States law the freedom 

 from that exaction which supplies the motive without which pelagic 

 sealing would not be an existing thing to-day. I do not doubt tlie sin- 

 cerity of my friends. If those who instructed them, if those who actuate 

 the policy of the United States, desire sincerely, as trustees with no 

 selfish purpose, as trustees for the benefit of mankind, to send these 

 blessings abroad, to send them abroad on reasonable terms, and above 

 all, while they are doing that, to put an end to pelagic sealing, the 

 remedy is to be found in the direction which this suggestion of mine 

 indicates. 



Senator Morgan. — Sir Charles, do you know whether the price at 

 which the United States have taxed these skins has had the effect of 

 raising the price of the Kussiau and Jai)anese catches? 



Sir Charles Ettssell. — I am not able, sir, off hand, to say; but I 

 should say certainly it would have that effect too. 



Senator Morgan. — I have not seen any evidence of that fact in this 

 case. 



Sir Charles Russell. — 1 think some of it will be forthcoming a 

 little later. 



I am really tempted to exclaim — I mean no offence to my learned 

 friends — when the argument is put forward in this specious way, I am 

 tempted to exclaim with Dr. Johnson, our great lexicographer, " Let us 

 rid our minds of cant". Let us approach this question fairly, look it 



