ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 411 



expected to find some trace of it; and with such industry as I have 

 been able to bestow upon this case I am not aware there is any ground 

 of justification put forward which has not been touched u])on either by 

 my learned friends Mr. Carter or Mr. Coudert, or indicated in writing- 

 by my learned friend Mr. Phelps, to all of which as I have already said 

 my learned friend the Attorney General has addressed his argument. 

 Now the learned Senator has more than once directed attetition to 

 the difference between the words "question" and "point"; and I will 

 ask leave to read once more the opening' words of Article I, for I am 

 not sure that he always had them in his mind, wlien he was making 

 the observations so courteously to us. They are practically for this 

 purpose the same as the preamble, but in order to omit nothing I had 

 better read the preamble first: 



Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and 

 the United States of America, being desirous to provide for an aniicalile settlement 

 of the questions which have arisen between their respective Governments concern- 

 ing the jurisdictional rights of the United States in the waters of Beliring's Sea, 

 and concerning also the preservation of the fur-seal in or habitually resortiug to the 

 said sea, and the rights of the citizens and subjects of either country as regards the 

 taking of fur-seal in or habitually resortiug to the said wa-ters, have resolved to 

 submit to arbitration the questions involved. 



I do not think it can be denied that what is there meant to be referred 

 are the questions which have arisen between the Governments respect- 

 ing- the jurisdictional rights concerning the preservation of the fur-seal 

 and the rights of the citizens, and if I turn to Article I the words, 

 though not actually verbatim, are for all substantial purposes identical. 



The questions which have arisen between the Government of Her Britannic 

 Majesty and the Government of the United States concerning the jurisdictional 

 rights of the United States in the waters of Behriug's Sea, and concerning also the 

 preservation of the fur-seal in or habitually resorting to tiie said sea and the rights 

 of the citizens and subjects of either country as regards the tahiug of fur seal in or 

 habitually resorting to the said waters shall be submitted to a Tribunal of Arbi- 

 tration. 



The whole scheme, the whole statement, the whole sentence, is gov- 

 erned by the opening words "the Questions which have arisen". I 

 am sure the learned Senator will not think that I desire in any way to 

 narrow the rights of the United States. I admit freely that they are 

 entitled to raise in this Arbitration any justification of tlieir action 

 wliich appears either in their Case, Counter Case, or Argument, and 

 fairly within the meaning of language there used. 



Senator Morgan. — Sir Richard, will you pardon me for saying that 

 my purpose was to arrive at what the duties of the Arbitrators are 

 with respect to the rights of either party, not the rights themselves. 



Sir Richard Webster. — I quite follow; and it was for that reason 

 I wished to call your attention to this. I submit that the duty of this 

 Tribunal is to determine the questions as to jurisdiction, to determine 

 the questions as to preservation, and to determine the questions as to 

 right — 



Senator Morgan. — That are submitted. 



Sir Richard Webster.— That are submitted; and I ask that the 

 Tribunal in considering the matter will, at any rate, I am sure in fair- 

 ness to those before them, if any other idea passes through their minds, 

 indicate it to us, because when I come later on to examine the conten- 

 tions of my learned friends, Mr. Carter, Mr. Coudert and Mr. Phelps, 

 you will find that they are all within the ambit of the live points which 

 are referred to in Article Yl. 



