ORAL ARGUMENT OF CHRISTOPHER ROBINSON, Q. C. 621 



Third. Any ship, vessel, boat or other craft (other than the canoes or boats men- 

 tioned and described in the last foreiioing paragraph) belonging to the citizens or 

 subjects of either of the nations aibresaid which may be found actually engaged in 

 the killing, pursuit or capture of said seals, or prosecuting a voyage for that purpose, 

 within the waters above bounded and described, may, with her tackle, apparel, fur- 

 niture, provisions and any sealskins on board, be captured and made prize of by any 

 public armed vessel of either of the nations aforesaid; and in case of any such cap- 

 ture may be taken into any port of the nation to which the capturing vessel belongs 

 and be condemned by proceedings in any court of competent jurisdiction, which 

 proceedings shall be conducted so far as may be, in accordance with the course and 

 practice of courts of admiralty when sitting as prize courts. 



June 8th, 1893. 



I hand this to the Secretary, and furnish the gentlemen on the other 

 side with a copy. 



The President. — Those are the regulations you propose? 



Mr. Foster. — That is the form of regulations proposed by the United 

 States. 



The President. — That is to be taken as an addition to the conclu- 

 sions the American counsel had come to before? 



Mr. Carter. — It is putting them in form. 



Mr. Foster. — I now desire to submit the substitute proposed by the 

 Government of the United States for the findings of fact submitted by 

 the Government of Great Britain. 



Sir Charles Russell. — It is a great pity you did not discuss both 

 these questions with us. We had no notice of this at all. 



Mr. Phelps. — We will not discuss them now. These are only pre- 

 sented for your information. 



Mr. Foster. — We are pursuing the same course aa that adopted by 

 counsel for the British Government in this matter. 



Sir Charles Eussell. — Oh no. 



Mr. Phelps. — Mr. President. . . 



Sir Charles Russell. — I am not interposing, Mr. Phelps, except 

 to say that it would have been more convenient to talk about these 

 thitigs outside. 



The President. — Has the British counsel any objection to the Court 

 receiving these documents? 



Sir Charles Russell. — No, Sir. 



Mr. Foster. — (Reading). 



"Substitute proposed by the Government of the United States for 

 findings of facts submitted by the Government of Great Britain:" 



Sir Richard Webster. — Is this a copy of our document? 



Mr. Foster. — We propose it as a substitute for yours. 



Sir RiCHAiM) VVerster. — These are the substituted ones; are they? 



Mr. Carter.— So far as they diifer. 



Mr. Foster. — They are as follows: 



1. That the several searches and seizures, whether of ships or goods, and the sev- 

 eral arrests of masters and crews, respectively mentioned in the said Schedule, were 

 made by the authority of the United States Government. Which and how many of 

 the vessels mentioned in said schedule were in whole or in part the actual property of 

 British subjects, and which and how many were in whole or in part the actual prop- 

 erty of American subjects, is a fact not passed upon by this Tribunal. Nor is the 

 value of said vessels or contents, or of either of them, determined. 



2. That the seizures aforesaid were made upon the sea more than ten miles from 

 any shore. 



3. That the said several searches and seizures of vessels were made by public 

 armed vessels of the United States, the coninianders of which had, at the several 

 times when they were made, from the Executive I)e]iartment of the Government of 

 the United States instructions, a copy of one of which is annexed hereto, marked 

 "A," and that the others were, in all substantial res])ects, the same; that in all the 

 instances in which proceedings were had in the District Courts of the United States 



