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



international law at all." It is one of the many proofs tbat I am going 

 to adduce tliat tliis case wbich is now presented to tbis Tribunal 



Lord Hannen. — I understand that yon do not make it a ground of 

 complaint that they took time to ascertain the facts; but you say that 

 they did not take up the ground that they are now taking up. 



Sir Charles Russell, — Certainly; that is my point; one of the 

 many points which will go to show that as this case developed itself in 

 the diplomatic correspondence, and as it has still further developed 

 itself in the course of the printed argument, it has taken a form that 

 was not present to the mind of the Executive at the time of these 

 occurrences; as it ought to have been present if the case were as real 

 as it is now made out. 



That brings us to the 12th of November, 188G. I now refer to page 

 37 of the same book. We have got to the 8th of January, and Lord 

 Iddesleigh again writes. 



Referring to previous correspondence in regard to the case of the three Canadian 

 schooners engaged in the seal fishery in Behring Sea, I transmit to you herewith a 

 copy of a letter from the Colonial Office, with a despatch, and its enclosures, from 

 theGovernor-Geueral of Canada, explaining the views of the Dominion Government 

 in the matter. 



Nearly four months have now elapsed since my despatch of the 9th Septemher last 

 was addressed to you, in which you were directed to invite the Government of the 



United States to furnish you with any particulars I have now to instruct you 



to express to Mr Bayard. 



and so on. 



Thereupon, the next day, as appears at the bottom of the same page, 

 Sir Lionel West communicates with Mr. Bayard; and on the 12th of 

 January, at page 39, Mr. Bayard writes : 



Your note of the 9th instant was received hy me on the next day, and I regret 

 exceedingly that, although my efforts have been diligently made to procure from 



Alaska tlje authenticated " copies " I should not have been able to obtain them 



in time to have made the urgent and renewed application of the Earl of Iddesleigh 

 superiiuons. 



The jircssing nature of your note constrains me to inform you that on the 27th 

 September last, when I received my first intimation from you that any question was 

 possible as to the validity of the judicial proceedings referred to, I lost no time iu 

 requesting my colleague the Attorney-General, in whose Department the cases were, 

 to procure for me such authentic information as would enable me to make full 

 response to your application. 



Then he says he is awaiting the papers, explains that the distance of 

 the vessels from any land or the circumstances attendant ui)on their 

 seizure were unknown to him, and then treats it, and quite actcurately 

 treats it, as a matter which is of so grave importance that it is right 

 they should be in possession of accurate information. Then, on the 

 3d of February, which is on the next page, is a further letter, in which 

 he says : 



I made instant application to my colleague the Attorney General iu relation to the 

 record of the judicial proceeding. 



794 and so on. 



I am informed that the documents in question left Sitka on the 26th January and 

 may be expected to arrive at Port Townseud, and so on. 



and so on. 

 Then: 



In this connection, I take occasion to inform you that, without conclusion at this 

 time of any questions which may be found to be involved in these cases of seizure, 

 orders have been issued, by the President's direction, for the discontinuance of all 

 pending proceedings, the discharge of the vessels referred to, and the release of all 

 persons under arrest in connection therewith. 



