AEGUMENTS ON PRELIMINAKY MOTIONS. 63 



Senator Morgan. — The ratifications of both were exchanged at the 

 same lime — i)robably at the same moment. 



Sir Charles Kussell. — I have no doubt, Sir, that you are right. 



The President. — It is part of our law — I mean the law which insti- 

 tutes this Tribunal. 



Sir Charles Kussell. — Quite. It is immaterial except to point 

 out that the Treaty of Arbitration is dated 29th February, 1892, and 

 the Modus vivendi or convention is the 18th of April, 1892. I am not 

 challenj^ing the correctness, of course, of what you say on the matter. 

 Tlie point 1 am u})on is different. 



The President. — Both were ratified together. 



Sir Charles Kussell. — So, Sir, it has just been stated. 



The President. — The ratifications were exchanged together. 



Sir Charles Kussell. — I point out that under Article IV, in order 

 to facilitate proper enquiries on the part of Her Majesty's Government 

 with a view to the presentation of the case and arguments of that Gov- 

 ernment before the Arbitrators, it is agreed that suitable persons will 

 be permitted at any time, upon application, to visit or remain upon the 

 seal islands during the sealing season for that jiurpose. That is April 

 of 1.S92. 



The President.— The 18th of April, 1892, is the date of the Treaty. 



Sir Charles Kussell. — That I have stated. Sir, — the 18th of April, 

 1892. What I want to point out, Sir, is that all the complaint of my 

 friend here is that we were bound to set out in our original Case all that 

 we had to say — all that we had to say both on the questions of right, 

 and upon the questions of Kegulations. You recollect that. That is 

 my friend's argument. Very well; but here in April of 1892 is a pro- 

 vision that in order to enable the Government to present its case, facili- 

 ties are to be given to visit the islands. That is April 1892. I need 

 not remind you — You know enough of the history of the case to know — 

 that the period as to which it is important, and the only important 

 l)eriod in order to judge of the characteristics, so far as they are material, 

 of seal life in the islands is the breeding season, June, July, August 

 and September, and that those are the four months within which are 

 embraced the fullest, the best, and the most complete opportunities for 

 the inspection of seal life. And yet, my friend's contention is that even 

 upon the question of regulations we were to be bound to deliver a Case 

 by the 3rd of September of 1892. When you recollect the remoteness 

 of Alaska to begin with, and the remoteness of Pribilof Islands from 

 Alaska, it is obvious that it was contemplated by these y)arties that 

 there should be a much extended opportunity, so far certainly as ques- 

 tions of regulation were concerned, of affording such information, and 

 such assistance to this Tribunal on the question of regulations as a 

 prolonged enquiry might give them. 



Senator jM(jrgan. — But did not the 60 days which you had a right to 

 claim amply provide for that? 



Sir Charles Kussell. — No, I do not know that that would neces- 

 sarily provide for it all. Sir, supposing they had extended it 30 days 

 more, which is the period. 



Mr. Carter. — 00 days. 



Sir Charles Russell. — To begin with. Sir, the period which is con- 

 templated for extension is 30 days additional, not 60. 



Senator Morgan. — Not exceeding 60 days. 



Sir Charles Kussell. — I say, Sir, that is an additional 30 days, 

 not 60 (lays whi(;h is contemplated, but tiiat does not refer to the ques- 

 tion of tue orig'iiuil Case at all but to the Counter Case ouly. My 



