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



fore I submit you have not to consider the question of anything more, 

 for this purpose, than the assertion and exercise of exclusive rights in 

 Behring Sea and in the Seal fisheries in Behring Sea — (not on the 

 islands; nobody suggests we are talking about the islands in Behring 

 Sea) — by Russia prior to the cession to America in 18G7. 



Senator Morgan. — If you will allow me to call attention to it, you 

 identify this fishery with the right of navigation and whale fisheries, 

 or other fisheries if you please; and it is a matter open to argument to 

 say the least of it, whether Eussia in her Treaties of 1824 and 1825 

 intended to abandon what she had so long exercised, — the right of con- 

 trolling the taking of fur bearing animals within Behring Sea. 



Sir Richard Webster. — With great deference, Russia had never 

 controlled, or exercised any control over seal fisheries on the high seas 

 of Behring Sea at all. 



Senator Morgan. — That is assumed by the other side. 



Sir Richard Webster. — Forgive me putting it to yoa — where is the 

 evidence of if? Russia had never lifted hand nor foot with reference 

 to the seal fisheries on the high seas, and I absolutely deny for this 

 purpose, there is any dift'erence between whales and seals. There is no 

 greater crime committed by a person who shoots a seal on the high seas, 

 than by a person who harpoons, or spears a whale. Do not ask me to 

 argue the question of property at the present moment — I am not upon 

 it; but witji reference to the observation — 1 submit to you we are deal- 

 ing with rights alleged in the seal fisheries properly so called in the 

 high seas of Behring Sea, — Russia as to these had done nothing; and 

 therefore arguing on the premiss with which you were good enough to 

 start, couched in some general terms, that Russia had done everything 

 to control the seal fisheries in Behring Sea, I submit — she had done 

 nothing. 



Senator Morgan. — I am not making the assertion on my own part, I 

 am only asserting what I suppose to be insisted on by the other side. 



Sir Richard Webster. — My word is no better and no worse than 

 that of my friends Mr. Phelps and Mr. Carter — and I say their saying 

 " Russia asserted and exercised rights," does not prove it. Through the 

 whole length and breadth of the books which I have read more than 

 once — there is not a trace of Russia controlling or exercise any rights 

 in seal fishing outside territorial waters in Behring Sea — not a vestige. 

 Whenever Russia asserted rights — such as the notice to her cruisers to 

 prevent people from landing — to prevent people going in territorial 

 waters — to prevent persons from occupying places upon the land and 

 becoming members of guilds and things of that kind — this notice had 

 nothing in the world to do with the exercise of rights upon the high 

 seas. 



The President. — I think there are parts of documents which I have 

 already alluded to whilst Mr. Carter or Sir Charles Russell was arguing — 

 which implied, I will not say the assertion as Mr. Carter disclaimed the 

 word, but the affirmation of the right by Russia of controlling the 

 whole of Behring Sea— the theoretical affirmation at any rate of Russia 

 considering herself as being in a manner authorized to control the 

 whole of the Behring Sea. 



Sir Richard Webster. — Mr. President, I did not for a moment imag- 

 ine you would think I was overlooking that. If it had been necessary 

 for me to argue that Russia claimed to close the whole of this sea, 

 there is distinct proof that she did so claim. Mr. de Poletica said in 

 liis letter — I quote from memory but I do not think I am quoting inac- 

 curately — I would have you know that this sea has all the incidents of 



