THIRTY-FOURTH DAY, JUNE 7™, 1893. 



Sir E-iCHARD Webster. — Mr. President, I shall compress into a very 

 small compass the remaining observations that I desire to address to 

 the Tribunal. There is one matter to which I should not have made 

 further reference, except for an observation of my learned friend Mr. 

 Phelps. If you will kindly look at page 1402 of yesterday's Keport, 

 tlie statement made by Mr, Phelx)S in the middle of the discussion which 

 1 will call the "Prize Court" discussion, which was perhaps not very 

 close to my present purpose, is this : 



I coucdive that no question whatever in regard to the validity of those seizures, 

 no question whatever in respect to the right of the United States to seize any vessel 

 hereafter is submitted under this Treat^^ to the Tribunal, so far as I am concerned. 



Well, it surprised us all very much at the time, and it led me to look 

 back and sear(;h my memory and again to examine my notes with ref- 

 erence to the United States contention; and it does occur to me to say 

 to you, Sir, and to ask your consideration of the question why are we 

 here if that was the real i^ositiou taken up by the United States'? The 

 only way in which they have attempted to exercise jurisdiction in the 

 Behring Sea has been by seizing the sealers' ships and by imprisoning 

 these sealers themselves under the municipal law. But do not let it be 

 put in any words of mine; let it be taken from the Case submitted to 

 this Tribunal after most careful consideration by the United States, — 

 both in the Case and Counter Case; and I shall ask the Tribunal to be 

 good enough to refer to the pages as I read them. At page 301 the 

 United States Case occurs this passage, after dealing with property. 



[I should mention they have enumerated on pages 295 to 299 their 

 specific findings, or what they suggest should be the findings with 

 regard to the various questions. I need not go over those, because they 

 are the same points to which I have been referring.] 



The United States Government defers argument in support of the propositions 

 above announced until a later stage of these proceedings. 



In respect to the jurisdiction conferred by the Treaty, it conceives it to be within 

 the province of this high Tribunal to sanction by its decision any course of execu- 

 tive conduct in respect to the subject in dispute, which either nation, in the judg- 

 ment of this Tribunal, he deemed justified in adopting, under the circumstances of 

 the case. 



And at the bottom of the page: 



In conclusion, the United States invoke the judgment of this High Tribunal to 

 the effect. 



First, as to the exercise of right by Eussia. Second, that Great 

 Britain had not objected. Third, that the body of water now known as 

 Behring Sea was not included in the phrase " Pacific Ocean." Fourth, 

 that all the rights of Eussia i)assed to the United States. 



Then I read the actual words. 



That the United States have such a property and interest in the Alaskan seal herd 

 as to justify the employment by that nation, upon the high seas, of such means as 

 are reasonably necessary to prevent the destruction of such herd, and to secure the 

 possession and benefit of the same to the United States; and that all the acts and 

 proceedings of the United States done and h.id for the purpose of protecting such 

 property and interest were justifiable and stand justified. 



560 



