GQ ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. 0. M. P. 



The remoteness of tlie scene of the fur-seal fisheries, and the special peculiarities 

 of that industry, have unavoidahly delayed tlie Treasury oflicials iu framing appro- 

 priate Regulations, aud issuing orders to United States vessels to police the Alasitau 

 waters for the protection of the fur-seals from indiscriminate slaughter, aud conse- 

 quent speedy extermination. 



798 The laws of the United States in this behalf are contained in the Revised 

 Statutes relating to Alasl^a in sections 1956-1971, aud have been in force for 



upwards of seventeen years, and prior to the seizures of last sunnner but a single 

 infraction is known to have occurred, and that was promptly punished. 



That must have been some American sealer, though we have not 

 heard of it before. I do not know the history of it. Then the letter 

 continues: 



The question of instructious to Government vessels in regard to preveuting the 

 indiscriminate killing of fur-seals is now being considered, and I will inform you 

 at the earliest day possible what has been decided, so that British and other vessels 

 visiting the waters in question can govern themselves accordingly. 



I am not asking the assent of the Tribunal or any member of it to 

 any conclusion as I go on, as I have achieved my sole purpose if I have 

 satisfied myself that I am making my motive and my argument intelli- 

 gible to the Tribunal. We get here, therefore, for the first time a sug- 

 gestion — not put forward as a justification — but a suggestion, which is 

 a reference to the United States Revised Laws, sections 195G-1971; but 

 there is no suggestion in point of fact in what sense they are supposed 

 to apply. 



Now we pass on, and on the 10th of September comes a very impor- 

 tant communication, at page 88, from Lord Salisbury. I think this 

 one and one other are the only two that I shall ask to be read in 

 full; but inasmuch as this puts forward the grounds upon which Lord 

 Salisbury supi^oses it is suggested that the executive action may be 

 excused or justified, I think it desirable that they should be fully read. 



Sir KiCHARD Webster. — It is on page 88. This is from the Mar- 

 quis of Salisbury to Sir Lionel West : 



Foreign Office, September 10th, 1S87. 



Sir: By a despatch of the 30th October last the late Earl of Iddesleigh instructed 

 you to call the attention of the United States Secretary of State to the circum- 

 stances of the seizure in Behriug's Sea, by the American cruizer "Corwin" of some 

 British Canadian vessels, and his Lordship directed you to state to Mr. Secretary 

 Bayard that Her Majesty's Government felt sure that if the proceedings which were 

 reported to have taken place in the United States District Court were correctly 

 described, the United States Government would admit their illegality, and would 

 cause reasonable reparation to be made to the British subjects for the wrongs to 

 which they had been subjected and for the losses which they had sustained. 



By a previous despatch of the 9th September you had been desired to ask to be 

 furnished with any particulars which the United States Government might possess 

 relative to the seizures in question ; and on the 20th October you were instructed 

 to enter a protest on behalf of Her Majesty's Government and reserve for consid- 

 eration hereafter ail rights to compensation. 



Nearly four months having elapsed without any definite information being fur- 

 nished by the United States Government as to the grounds of the seizures my 

 predecessor instructed you, on the 8th January last, to express to Mr. Bayard the 

 concern of Her Majesty's Government at the delay, and to urge the immediate atten- 

 tion of the United States Government to the action of the American authorities in 

 their treatment of these vessels, and of their masters and crews. 



On the 3rd February Mr. Bayard iuformed you that the record of the judicial 

 proceeding Avhich he had called for was shortly expected to reach Washing- 



799 ton, aud that, without conclusion at that time of any questions which might 

 be found to be involved iu these cases of seizures, orders had been issued by 



the President's direction for the discontinuance of all pending proceedings, the dis- 

 charge of the vessels referred to, and the release of all persons under arrest in con- 

 nection therewith. 



On the 4th of April, under instructions from me, you inquired of Mr. Bayard, in 

 view of the approaching tishing season in Behriug's Sea, whether the owners of Brit- 

 ish, vessels might rely when not near land on being unmolested by the cruisers wf 



