ARGUMENT OF GREAT BRITAm. 



Ko seizure was effected in 1888, though pelagic sealing 

 by British vessels was pursued in that year in Behring Sea, 



In 1880 five British ships were seized in Behring Sea, 

 and three others were peremptorily ordered out of the Sea. 



In 1890 no seizures were made, though pelagic seahng 

 was still carried on in Behring Sea. 



The (xoverninent of the Queen remonstrated against the 

 high-handed action of the United States as without war- 

 rant of law, and as an unjustifiable invasion of the rights 

 of British subjects. But the correspondence has been car- 

 ried on by them with an earnest desire to avoid reconrse to 

 measures of force in retaliation for those adopted by the 

 United States, and in the confident belief that their rights 

 would be surely and effectively vindicated by j)acific 

 methods, and just redress obtained for the wrongs com- 

 mitted. 



As the result of prolonged negotiation and discussion 

 the Treaty of Arbitration, from which this Tribunal derives 

 its authority, was entered into, and on the 1 8th April, 1892, 

 the Convention or modus vivendi (intended to cover the 

 period which might elapse before the award of the Arbi- 

 trators) was concluded. 



Hence it is that now, and for the seventh time in the course 

 of the present century, the (Tovernments of Great Britain 

 and of the United States ai)pear before an International 

 Tribunal of Arbitration. To-day they submit existing dif- 

 ferences to a distinguished body of jurists, with the full 

 confidence that, in so far as the adjustment of those differ- 

 ences depends upon the ascertainment of legal rights, this 

 august Tribunal will act upon recognized principles of law, 

 and ujion such jmnciples alone; and with equal confidence 

 that, in so far as that adjustment may properly have 

 3 regard to other than legal rights, the decision of this 



Tribunal will be just and equitable, having regard to 

 all the circumstances of the case, and to all the important 

 interests involved. This Tribunal will seek neither to 

 diminish nor to add to the powers with which it is invested, 

 and it cannot be doubted that each of the Governments 

 will loyally accept its authoritative judgment. 



Before proceeding with the Argument, which is now pre- 

 sented in accordance with the procedure prescribed by the 

 Treaty, and which recapitulates the facts and discusses in 

 some detail the principles applicable to them, the Govern- 

 ment of the Queen deem it ex])edient to j^ut before the 

 Arbitrators a general view of the claims advanced by the 

 United States, and of the contentions which arise in rela- 

 tion to them. 



Those claims are divisible into two heads. Under the 

 first head the United States claim, in various modes, exclu- 

 sive rights in and over the greater extent of that part of 

 the Pacific Ocean called Behring Sea, and in the fur-seals 

 frequenting that sea, rights which they contend justify them 

 in excluding the ships of every other nation from the pur- 

 suit of pelagic sealing therein, and in searching, seizing, 

 and condemning such ships as engage in that pursuit. 



This iSj indeed, hardly a full statement of the pretensions 



