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



imity to the flsbing with facilities of going and returning, in obtaining 

 food, drying fish and a variety of other things, enables the inhabitants 

 to exercise to a greater extent the privilege that all others enjoyed — 

 that, as Mr. Sumner put it with prudence and judgement — 



The possession of this coast as a commercial base must necessarily give to its 

 people peculiar advantages in this dispute. 



Then Mr. Washburn, of Wisconsin, spoke in this debate — this is the 

 evidence upon which it is supposed to be taken for granted that it was 

 mare clausum — Mr. Washburn said: 



But, Sir, there has never been a day since Vitus Behring sighted that coast until 

 the present when the people of all nations have not been allowed to fish there, and 

 to cure fish so far as they can be cui'ed in a country where they have only from 

 forty-five to sixty pleasant days in the whole year. 



Then Mr. Ferries, speaking in 18G8, said : 



That extensive fishing banks exist in these northern seas is quite certain ; but 

 what exclusive title do we get to them? They are said to be far out at sea, and 

 nowhere within 3 marine leagues of the islands or main shore. 



Then Mr. Peters refers to this and says : 



I believe that all the evidence upon the subject proves the proposition of Alaska's 

 worthlessness to be true. Of course, I would not deny that her cod fisheries, if she 

 has them, would be somewhat valuable; but it seems doubtful if fish can find sun 

 enough to be cured on her shores, and if even that is so, my friend from Wisconsin 

 (Mr. Washburn) shows pretty conclusively that in existing treaties we had that right 

 already. 



Then occurs a long reference to Mr. Williams which I do not desire to 

 read, because it is only on the same point. But perhaps I had better 

 read the first passage. It is this : 



Or is it the larger tenants of the ocean, the more gigantic game, from the whale, 

 and seal, and walrus, down to the halibut and cod, of which it is intended to o])en 

 the pursuit to the adventurous fishermen of the Atlantic coast, who are there already 

 in a domain that is free to all? 



Here, Mr. President, was the time when, if it were true that the motive 

 to be urged upon a reluctant House of Eepresentatives to vote the 

 money was the value of the fur-seal fisheries, and the closed nature of 

 the waters, we should have found the counter -reply. We have nothing 

 of the kind; and 1 leave this branch of the case with the submission to 

 this Tribunal that neither in law, nor in equity, nor in justice in the 

 higher sense of the word, have the United States people ever acquired 

 from Russia any rights which they are entitled to exercise now, to the 

 exclusion of Great Britain, France, Japan, Russia, and all other coun- 

 tries that clioose to send a ship there hunting and fishing foi seals 

 upon the high seas; and that the same law with regard to those animals 

 on the high seas, in so far as we are dealing with the first four questions, 

 applies equally in the case of whales, seals, walruses, cod, and numbers 

 of other fish, well-known to my friends, which can becanglit, and proba- 

 bly will be caught, in increasing numbers in these waters as the 

 demands of population and the increase of civilization by that cause 

 creates a market for them, and facilities increase for transit of the 

 products when they once have been taken from the deep itself. 



I ask the Tribunal now to permit me, at some little length I am afraid, 

 to deal with the contentions of my learned friends Mr. Garter and 

 Mr. Phelps, supplemented by that of Mr. Coudert, on the question of 

 property. 



Mr. Justice Harlan. — Before you go to that new point. Sir Richard, 

 let me make an enquiry about some documents. You are so familiar 



