ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 199 



iuclividual seal, should it wander in some other period into somp. other uikI far dis- 

 tant sea; that is an inquiry not essential to be gone into; but wliat is the riglit of 

 properly in the herd as a whole, 



Bat the whole is made up of parts; and if there is no property in the 

 parts how is there property in the whole ? — 



in the seas and under the circumstances in which it is thus availed of by the 

 United States Government as the foundation of an important national concern. 



Now, lastly (and I cannot deny myself the pleasure of referring to 

 this), when my friend Mr. Carter got to this very ticlclish point, some of 

 the members of the Tribunal interi)Osed questions. I am referring to 

 page 475 of the revised text of my friend Mr. Garter argument. 



Mr. Carter. — One moment, Sir Charles — there are not that number 

 of pages in the argument as revised by me. I do not know what you 

 are referring to as the " re%ased text." 



Sir Charles Eussell. — I am Tj^ferriug to the report which we have 

 been furnishing to the Tribunal. 



Mr. Carter. — I shall insist that the only report that can be referred 

 to is the one revised by me. 



Sir Charles Russell. — That would indeed be very strange. 



The President. — If there is any objection to what Sir Charles Eus- 

 sell reads, you will be able to state your objection. 



Mr. Carter. — Yes, but I object to the practice of referring to it. 

 958 Sir Charles Russell. — That would be very extraordinary. 



I have not even read my friend's argument in any other form 

 than the form with which I have been fomiliar. 



The President. — Both reports are unofficial. 



Mr. Carter. — Yes, but of two unofficial reports I submit that the 

 one which the Tribunal should use in a matter of reference should be 

 the one prepared by counsel. 



The President. — If there is any doubt about it, of course, you will 

 refer to your text. 



Sir Charles Russell. — I think my friend will see that he has no 

 reason to complain. 



Mr. Carter. — I object to the practice, tliat is all. 



Sir Charles Russell. — Then I insist on my right, Mr. Carter, if 

 you put it so. 



Mr. Carter. — And I object to it. 



Sir Charles Russell. — I was going to say that, my friend will 

 have no reason to complain, because if there be anything that he wishes 

 to disavow in what is here recorded, I will accept his disavowal at once. 



Mr. Carter. — Yes, but there is an authorized report of the argu- 

 ment. 



Lord Hannen. — There is no such thing as an authorized report of the 

 argument. 



Sir Charles Russell. — With great deference, I cannot accept the 

 statement of my learned friend. The authorized argument was the oral 

 argument. We for our convenience, and at our own sole cost, have 

 furnished the Tribunal all through with an authentic report, carefully 

 revised as far as the intelligence of those to whom that task was 

 allotted enabled them to do it — fairly and properly revised. 



Lord Hannen. — You will tell us what you believe Mr. Carter said, 

 and if any dispute arises upon it, of course we shall be very happy to 

 hear what Mr, Carter has to say about it. 



Sir Charles Russell. — I may at some future time, although I will 

 not ijromise, have the pleasure of reading my friend's revised edition 

 of his argument, but at present I have not seen it or even looked at it. 



