ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. F. 369 



No doubt the map is honestly enougli made for the purposes for 

 •which it is intended; but it is not an ofllcial niai>, and it does not sup- 

 ply data which would enable one to judge of the exact weight to be 

 attached to it. 



The Tribunal here adjourned for a short time. 



Sir Charles Russell. — Mr. President, I am glad to say that, in 

 reference to that matter of the legislation in relation to the purse seine 

 and mackerel fishery, my friends Mr. Tupper and Mr. Foster are both 

 right. Mr. Foster is right in saying that the convention entered into 

 is general. My friend Mr. Tupper is right in saying that the occasion 

 of its being entered into was in relation to the i)urse seine. It stands 

 thus: That on the 22nd of May, 1890 the Canadian Government asked 

 that the United States Government might be communicated with, with 

 a view of obtaining some international legislation, either for the pur- 

 pose of prohibition or of restriction of the use of the purse seine in the 

 mackerel fishery, in order that, for the general good, the impending 

 danger to this valuable industry might be averted. 



That was the subject for discussion; and ultimately the Convention 

 entered into resulted in an arrangement for the appointment of a com- 

 mission to consider and report concerning the regulations, practice and 

 restrictions proper to be adopted in concert, with regard to, among 

 other things : 



The limitation or prevention of exhanstive or destructive method* of taking fish 

 and shell-fish in the territorial and contiguous waters of the United States and Her 

 Majesty's possessions in North America respectively, and also in the waters of the 

 open seas outside the territorial limits of either country to which the inhabitants of 

 the respective countries may habitually resort for the purpose of such fishing. 



It was therefore made by Convention a matter which was, when it 

 came to any further head, to be given effect to by legislation by either 

 country so as to bind its own nationals. 



Senator Morgan. — That process of purse seine fishing, Sir Charles, 

 allow me to say, was the invention of the people of the United States 

 and was practised by them; and both the Government of the United 

 States and the Government of Canada thought it ought to be given up. 



Sir Charles Russell. — I presume, Sir, like many other inventions 

 of the United States it was used by others than the people of the 

 United States — that it was used by both Canadian and United States 



fishermen. 

 1163 Senator Morgan. — It was commonly used by both; yes. 



Sir Charles Russell. — Kow, sir, I left oft' at page 54 of the 

 British Argument; and the oidy one of these cases of fishery remaining 

 is the Mexican Pearl Fisheries. That was referred to in the United 

 States Case, bnt is not referred to in their Argument. I will content 

 myself therefore with reading from page 96 of the British Counter Case, 

 which states what the facts are, which are not contradicted. 



The facta stated with reference to these pearl fisheries are not verified by evi- 

 dence. The Mexican Regulations appear only to refer to " the waters of the Repub- 

 lic;" and even then foreigners are admitted to the fisheries on complying with 

 Certain IJegulations as to registration and jiayment of tonnage and lighthouse dues. 



It is worth observing that, although Mexican legislation is adduced in the United 

 States. Case as an examjile of the exercise of jurisdiction outside the 3-raile limit, 

 yet in setting out the Regulations of 1874 in the Appendix, those relating to the 

 boundaries of the fishing districts are omitted. 



As showing that Greiit Britain has not consented to the exercise of fishery juris- 

 diction by Mexico beyond the ordinary limit, reference may be made to the Treaty 

 of the 27th November, 1888, between Great Britain and that country, of which the 

 last paragraph of Article IV is as follows: 



B S, PT XIII 24: 



