ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 191 



that 6tli question, in the form in which it appears in the Treaty first 

 appears in Mr. Wharton's letter of June 2otli 1891, page 319. 



Sir Charles Russell. — That is quite right. 



Mr. Justice Harlan. — That is where the words "habitually resort- 

 ing to" come into the 6th question? 



Sir Charles Kussell. — Yes, but with great deference they also 

 appear, not as part of the 7th question, for there was no 7th question 

 at that moment, but they also ai)[)ear in the letter of Mr. Blaine of the 

 17th December that I have mentioned. 



Lord Hannen. — Is that their earliest appearance? 



Sir Charles Russell. — As far as I know. 



Mr. Justice Harlan. — What do you say appears there? 



Sir Charles Russell. — They do not appear in the letter of Decem- 

 ber 17th — I mean not exactly. 



Mr. Justice Harlan. — I have not been able to find them in the sixth 

 question anywhere prior to June the 25th, 1891. 



Sir Charles Russell. — I think that is correct. 



Mr. Justice Harlan. — When Mr. Wharton reframes the sixth Ques- 

 tion, he submits it in the precise words of Article VII. 



Sir Charles Russell. — I think you are riglit; I think that is so. 



Senator Morgan. — A different mind had got hold of the correspond- 

 ence, and put in that additional idea. 



Sir Charles Russell. — I should like to emphasize this. If 

 949 you will turn to page 305, you will see that, at that time, the five 

 Questions had been settled; and Sir Julian Pauncefote writes. 



The undersigued has been instructed by the Marquis of Salisbury to inform the 

 United States Government that Her Majesty's Government are prepared to assent to 

 tlie tirst five questions proposed to be submitted to arbitration in the note of th,© 

 Hon. James G. Blaine to the undersigued, dated 14th of April last. 



That letter is at page 295. 



Her Majesty's Government cannot give their assent to the sixth question formu- 

 lated in that note. In lieu thereof they propose the appointment of a commission to 

 consist of four experts, and so on. "The Commission shall examine and report on 

 the Question which follows": 



For the purpose of pi'eserving the fur-seal race in Behring Sea from extermination, 

 what international arrangements, if any, are necessary between Great Britain and 

 the United States and Russia or any other power? 



As regards the question of comiiensation, Her Majesty's Government propose the 

 following article. 



It shall be competent to the Arbitrators to award such compensation, 



and so on. 



Therefore at that date, and long before the correspondence with Mr. 

 Wharton which I have been reading, the first five questions had been 

 settled, and I was using that correspondence for the light it throws 

 upon the meaning which Mr. Wharton attached to those five questions. 

 Then, after the 3rd or 4th June arises the question which is now the 

 7th Article, namely the question of Regulations. That is the way in 

 which the matter stands. 



The President. — Then you do not construe the protection spoken 

 of in question 5 of Article VI in the same way as the protection men- 

 tioned in Article VII? 



Sir (3HARLES Russell. — In one sense yes, and in another sense no. 

 I would prefer, if the Arbitrators would allow me to do so, to reserve 

 my construction of Article VII till I come to it. I think it would be 

 better that I should do so. I have a strong view about it, if the Presi- 

 dent will allow me to say so, but I do not want to mix up the question 

 of right and the question of Regulations. 



