OEAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 187 



Then be goes on to say: 



If Her Majesty's Government wonld make her efforts most effective, fhe sealing 

 in the North Pacific Ocean should be jji-ohibited, for there the slaughter of the 

 mothers heavy with young is the greatest. 



Then on the 7th March, Sir Julian Pauncefote again writes, which 

 will be found at page 355: 



Lord Salisbury's proposal of a 30 mile radius round the Pribilof Islands within 

 which no sealing should be allowed, is a judicious temporary measure of precaution 

 pending the estalilishment of permanent Regulations. for the fishery as a whole. It 

 is a somewhat larger proposal than that which you originally made'to me on the 16th 

 March 1891, and which was for a similar radius of 25 miles only. 



Then comes the most important of these letters from Mr. Wharton to 

 Sir Julian Pauncefote, of the 8th March, 1892, which is at page 356. 



The United States claims an exclusive right to take seals in a portion of Behring 

 Sea, while Her Majesty's Government claims a common right to pursue and take the 

 seals in those waters outside a three-mile limit. This serious and protracted contro- 

 versy, it has now been happily agreed, shall be submitted to the determination of a 

 Tribunal of Arbitration, and the Treaty only awaits the action of the American 

 Senate. 



We have, therefore, got to the point not merely of the Treaty 

 1)44 of Arbitration, but we have at this time readied the second 

 Modus Vivendi, and here we have Mr. Wharton's distinct intima- 

 tion of what is at that point (and Mr. Wharton M^as quite right, because 

 it was the case that was made in the previous diplomatic correspond- 

 ence), the case made as to the justification of the seizure. 



The United States claims an exclusive right to take seals in a portion of Behring 

 Sea, while Her Majesty's Government claims a common right to pursue and take the 

 seals in those waters outside a three-mile limit. 



That is exactly what I say is the issue intended to be raised by this 

 fifth question. 



I think there is one other passage that perhaps I ought to read: 



The President cannot agree, now that the terms of Arbitration have been settled, 

 that the restrictions imposed shall be less than those which both Governments 

 deemed to be appropriate when it was still uncertain whether an early adjustment 

 of the controversy was attainable. He, therefore, hopes that Her Majesty's Gov- 

 ernment will consent to renew the arrangement of last year with the promptness 

 which the exigency demands, and to agree to enforce it by refusing all clearances to 

 sealing vessels for the prohibited waters, and by re-calling from those waters all such 

 vessels as have already cleared. This Government will honourably abide the Judg- 

 ment of the High Tribunal which has been agreed upon, whether that Judgment be 

 favourable or unfavourable, and will not seek to avoid a just responsibility for any 

 of its acts which, by that Judgment, are found to be unlawful. But certainly the 

 United States cannot be expected to suspend the defence, by such means as are within 

 its power, of the property and jurisdictional rights claimed by it pending the Arbi- 

 tration and to consent to receive them from that Tribunal, if awarded, shorn of much 

 of their value by the acts of irresponsible persons. 



Senator Morgan. — Will you allow me to suggest to you this enquiry? 

 The Modus Vivendi of 1891, as I understand, is not included in the 

 Treaty of February the 29th 1892; but the Modus Vivendi of 1892 is 

 included in that Treaty? 



Sir Charles Eussell. — Quite so. 



Senator Morgan. — The Modus Vivendi of 1891 is entirely left out of 

 consideration in the Treaty of February the 29th 1892 ? 



Sir Charles Eussell. — That is so, Sir. 



Senator Morgan. — Now, the proposition you have just read is that 

 the United States claims an exclusive right to take seals in a portion 

 of Behring Sea, while Her Majesty's Government claims a common right 

 to pursue aaid take the seals outside of the 3 mile limit. I wish to caU 



