ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 355 



Because, you will observe that these conventions sometimes, not 

 invariably, but frequently give the right to the cruisers of one nation to 

 seize, upon the high sea, the ships of a subject of another Power, a 

 party to the convention, which has offended against the provisions of 

 the convention : 



Then it goes on : 



These principles do not advance the United States contention. The consent of 

 other nations is wanting to the exercise by the United States of the exclusive control 

 which it claims. Tlie existence of the Conventions demonstrates their necessity ; by 

 siicli Conventions alone can one nation presume to control the subjects of another 

 State upon the high seas. 



They recognize the right of the subjects of all the contracting Parties alike to fish 

 in the high sea beyond the territorial waters, but for their mutual benefit they sub- 

 ject the fishing to regulations to be observed by the subjects of all alike. The Con- 

 ventions and the legislation giving eifect to them do not profess to impose these 

 regulations 6n the subjects of other countries, not parties to the Conventions, nor to 

 prohibit them in any way from fishing in the high seas, nor could they do so. 



The next case is Kussia, which is referred to on page 1G9 of the 

 Argument of the United States; and a statement that is made here, 

 necessitates that I should go a little out of my way in this matter. 



The statement in the (Argument of the United States is this : 



By the law of Russia, the whole business of the pursuit of seals in the White Sea 

 and Caspian Sea, both as to time and manner, is regulated, and all killing of the 

 seals except in pursuance of such regulations is prohibited. 



Certain references are then made: and it proceeds: 



The firm and resolute recent action of the Russian Government in prohibiting in 

 the open sea, near the Commander Islands, the same depredations upon the seal herd 

 that are complained of by the United States in the present case, and in capturing 

 the Canadian vessels engaged in it, is well known and will be universally approved. 

 That Great Britain, strong and fearless to defend her rights in every quarter of the 

 globe, will send a fleet into those waters to mount guard over the extermination of 

 the Russian seals by the slaughter of pregnant and nursing females, is not to be 

 reasonably expected. The world will see no war between Great Britain and Russia 

 on that score. 



Well, it seems to me (although we know from the correspondence that 

 we have, that the representatives of the United States have been in 

 communication with Kussia) — that this is a mis-statement, as I hope 

 to make clear, of Eussiau action and Russian pretensions on this 

 1146 matter. First of all I wish to deal with the matter of Russian 

 legislation and of Russian action; and we have got a very relia- 

 ble means of judging of that by a correspondence entirely on the part 

 of those interested from the point of view of the Uidted States, and 1 

 am afraid. Sir, I must ask you to refer to one more book in this connec- 

 tion. It is Volume II of the Appendix to the British Case. The cor- 

 respondence begins at the bottom of page 16 of Part II. You will see 

 there, Sir, a letter from Mr. Hoffman. Mr. Hoffman was, as I under- 

 stand, the Representative at St. Petersburg, of the United States. 



General Foster. — He was the Charge d'Aftaires. 



Sir Charles Russell. — The Charge d' Affaires. 



Now, this letter is sent to him from the Department of State, on the 

 7th of March, 1882. 



Sir : I enclose copies of letters from the Treasury, and a copy of a letter from 

 Messrs. Lynde and Hough, of San Francisco, to the Secretary of the Treasury, touch- 

 ing the Pacific coast fisheries. This latter communication states that, according to 

 late news, "foreign vessels must receive an order from the Governor of Silieria., 

 besides paying duties or 10 dollars per ton on all fish caught in Russian waters", 

 which they say would be ruinous to their business. In view of the above, I liave to 

 ask that you will make imiiiedi;ite enquiry on this subject, and report the facts. If 

 a brief telegram will furnish information of value to our fishermen in this regard, 

 you can send one. 



