620 ORAL ARGUMENT OF CHRISTOPHER ROBINSON, Q. C. 



correspondence complete, and, all efforts to trace tliera in the arcliives of the Foreign 

 OflQce having failed, a telegram was sent by Lord Salisbury to Mr. Howard, the 

 British charge d'affaires at St-Petersbnrgh dated June 20tli 1892, No. 23 [that was 

 when we were preparing the case] of which the following extract is the only portion 

 bearing on the point in question. — "We should be glad to have copy of the Despatch 

 from Count Nesselrode to Count Lieven inclosed in Mr. Canning's despatch to Mr. S. 

 Canning, n" 1 of December 8th 1824, and of the new draft of Convention also enclosed 

 in that despatch". Mr. Howard replied by a telegram dated St. Petersburg]! June 

 22nd, 1892, n" 40, of which the following is the only material extract, — "None of Mr. 

 Canning's despatches to Mr. S. Canning can be found in archives". All efforts there- 

 fore failed, both at Loudon and St-Petersburgh, to trace the missing documents. 



I am quite satisfied that the explaiiatiou will be satisfactory to the 

 Tribunal. I may merely mention from my own knowledge that I know 

 of the efforts made to find the document; but I also discovered from 

 perusing these documents most carefullj^ when the Case was framed, 

 that this document that we should have liked to have had could not 

 affect the question, because it was stated, in the letter, to be a document 

 ■which simply embodied the alterations in the projet as they would stand 

 according to the observation of the despatch. 



The President. — The fourth document is the English draft. 



Sir Richard Webster. — That is the one I am referring to. 



The President. — Mr. Justice Harlan asked for the Russian. 



Sir Richard Webster. — No, Mr. Justice Harlan avsked for this par- 

 ticular document Mr. President — the English draft which Mr. George 

 Canning sent to Mr. Stratford Canning, as it would stand according to 

 the observation of this despatch. 



The President. — The substance of it is in the despatch itself. 



Sir Richard Webster. — Yes. 



Mr. Justice Harlan. — Mr. Stratford Canning in his letter to Mr. 

 George Canning, stating the signing of the Treaty, indicates that there 

 was some alteration although he says it is in strict conformity with the 

 spirit and substance of the contre-projet to Count Lieven, a,lthough 

 there was a slight alteration which miglit have been made. 



Sir Richard Webster. — It is Perfectly true that Mr. Stratford 

 Canning ou referring to the Treaty speaks of the Treaty as being in 

 accordance with that of this draft although there was a slight alteration 

 in some particular i>assage. 



Mr. Foster. — I have here a paper which I propose to lay before the 

 Tribunal : 



The Government of the United States, in the event that the determination of the 

 High Tribunal of certain questions described in the seventh article of the Treaty as 

 the foregoing questions as to the exclusive .inrif<dictiou of the United States should, 

 as, mentioned in said seventh article, "leave the subject in such a condition that 

 the concurrence of Great Britain is necessary to the establishment of Regulations 

 for the proper protection and preservation of the fur-seal in, or habitually resorting 

 to, Behring Sea", submits that the following Regulations are necessary and that the 

 same should extend over the waters hereinafter in that behalf mentioned: 



First. No citizen or subject of the United States or Great Britain shall in any 

 manner kill, capture or pursue anywhere upon the seas within tlic limits an<l bounda- 

 ries next hereinafter prescribed for the operation of this rcgulatiou, any of the ani- 

 mals commonly called fur-seals. 



Second. The foregoing regulation shall applj' to and extend over all those waters, 

 outside the jurisdictional limits of the above-mentioned nations, of the North Pacific 

 Ocean or Behring Sea which are north of the thirty-fifth parallel of North latitude, 

 and east of the one-hundred and eightieth meridian of longitude West from Green- 

 wich. Provided, however, that it shall not apply to such pursuit and capture of said 

 seals as may be carried on by Indians dwelling on the coasts of the territory either 

 of Great Britain or the United States for their own personal use with spears in open 

 canoes or boats not transported by or used in connection with, other vessels, and 

 propelled wholly by paddles, and manned by not more than two men each, in the 

 way anciently practiced by such Indians. 



