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



because wo have been twitted both in the written Counter Case of the 

 United States and orally in argument with having misunderstood those 

 points, and that is the enunciation of the law made on behalf of the 

 United States in the year 1832, when the question of the "Harriet" 

 arose in the Falkland Islands. It is referred to and set out at length 

 in the British Case, and in order to quote nothing as to which there is 

 any dispute, I refer entirely to the documents set out at pages 185 to 

 191 of the United States Counter Case. Possibly, the Tribunal will be 

 kind enough to take that volume before them. I have also examined 

 the original documents and find nothing conflicting with the position 

 I am now about to submit. 



The criticism that is made by the United States when we used the 

 language of the United States in regard to their rights is: At that time 

 there was no question of deep sea fishing involved, and therefore it is 

 not pertinent to the question in respect of which you, the British Gov- 

 ernment, cite the authority. Well, if it were true in fact it would not 

 be anj^ answer to the argument inasmuch as the United States have 

 enunciated the law in most general terms, but it is not the fact. Buenos 

 Ayres was threatening to interfere not only with the seal fishery but 

 the whale fishery, and it is pointed out in these papers that whales 

 were caught outside the 3 mile limit, and it is in connection with a claim 

 by Buenos Ayres to stop and interfere with vessels doing two things, 

 whaling and sealing; and the seals undoubtedly were caught on the 

 uninhabited shores of certain islands as to which there was a dispute 

 with regard to territory. 



I will show from these original documents it is not an answer to the 

 British argument, founded on the enunciation of the law by the United 

 States themselves, to say that the only question there raised was as to 

 killing seals on land, and that no question had arisen as to killing them 

 on the high seas. Will you Mr. President look at page 186. 



The undersigned would also call the attention of His Excellency, the Minister of 

 Foreign Affairs, to certain declarations of Don Luis Vernet, important as coming 

 from a high functionary of this Government, the military and civic governor of an 

 extensive region, and if these declarations are to be considered as indicative of the 

 sentiments and views of this Government there would be just cause for apprehend- 

 ing that a project was in contemplation involving the destruction of one of the most 

 important and valuable national interests of the United States, the whale fishery. 



You will observe that that is italicised. 



For he declared to Captain Davison that it was his determination to capture all 

 American vessels, including ivhalhu/ ships as well as those engaged in catching seals, 

 upon the arrival of an armed schooner, for which he had contracted, which was to 

 carry six guns and a complement of lifty men. 



The italics are not ours. I should gather from the way in which it is 

 printed those italicised words occur in the original j at any rate I only 

 read from the United States document. 



Then on page 187 : 



But had the Governor, in the exercise of his authority, confined himself merely to 

 the capture of American vessels, and to the institution of processes before the regu- 

 lar tritjunals which administer the laws in this country Avith the sole view of ascer- 

 taining whether trausgivssious against the laws and sovereignty of this Republic had 

 or had not been committed, and had he so done in strict ijursuance of his delegated 

 authority, yet in view of the Government of the United States even an exercise of 

 authority thus limited, would have been an essential violation of their maritime 

 rights; and the undersigned is instructed and authorized to say that they utterly 

 deny the existence of any right in this Republic to interrupt, molest, detain, or 

 capture any vessels belonging to citizens of the United States of America or any per- 

 sons being citizens of those States, engaged in taking seals, or whales, or any species 

 of tish or marine animals in any of tiie waters, or on any of the shores or lands, of 

 any or either of the Falkland islauds, Terra del Fuego, Cape Horn, or any of tho 

 adjacent islauds in the Atlantic Ocean. 



