ARGUMENTS ON PRELIMINARY MOTIONS. 107 



Senator Morgan.— Altlionoli it may alter tlie Treaty? 



Mr. Carter. — I do not think it does alter the Treaty in substance. 

 It is in reference to the mode of procedure, and that is a subject as to 

 which some margin of liberty must be allowed to the respective Gov- 

 ernments, and, in the opinion which we have entertained, it is effective 

 for the end. 1 hope it will be allowed to prove effective, and that no 

 question will be made to the contrary. Of course, I cannot determine 

 for any member of this Tribunal his views in lelation to his duties. 



jSTow, this Keport with its appendices was, either at the time of the 

 sending of this letter, oi^ very soon after, submitted to the Agent of the 

 United Stat<^s. 



Sir liiciiARD Werster. — With the letter. 



Mr. Garter. — With the letter. 



General Foster. — It accompanied tlie letter. 



Mr. Garter. — It accompanied the letter; and Mr. Herbert, Avho had 

 charge of the diplomatic interests of Great Ihitain in Washington at 

 that time makes a report which is printed in the Appendix to the 

 British Gase, which concerns his doings in the nmtter. On the 9th of 

 November, 1892, he addresses this letter to the Earl of Kosebery: — 

 "My Lord, With reference to my telegrams of today, I called at the 

 Department of State this morning at the request of Mr. Foster when 

 he handed me a note containing the reply of the United States Gov- 

 ernment to your Lordships despatch of the 13th ultimo in regard to 

 the Behring Sea Arbitration. After brietly recapitulating the i)riuci- 

 pal points of this communication, coi)y of which I have the honour to 

 inclose herewith, he stated that I might consider the difiiculty which 

 had arisen between the two Governments as settled, but he wished at 

 the same time to make it clear to me that the United States Govern- 

 ment had accepted the Beport of the British Behring sea Commis- 

 sioners as part of the original British Gase, under the assumption that 

 it contained all the evidence on which Her Majesty's Government 

 intend to rely in regard to pelagic sealing and the habits of the fur- 

 seal, and that no fresh matter relating to tliese subjects would be 

 introduced into the British Counter Case except in reply to the questions 

 raised in the United States Gase." 



Sir Charles Russell. — That has been observed. 



Mr. Carter. — What has been observed, Sir Charles'? 



Sir Charles Eussell. — Excejit in so far as matters are stated in 

 reply, the Report of the British Commissioners contains all the matters 

 upon which we rely in regard to pelagic sealing and the habits of the 

 far- seal. 



Mr. Garter. — That is your view? 



Sir Charles Russell. — Yes. 



Mr. Carter. — Allow me to say that we entertain a very different 

 view on the subject, and that the action of Her Majesty's Government 

 is as far as possible from an observance of that understanding-. Mr. 

 Herbert continues: — "Should they, however, have been mistaken in 

 this assumption, they intend to insist on their interpretation of the 

 Treaty before the Tribunal of Arbitration, and to o])pose the snbmis- 

 sion to the Arbitrators of any matters which might be inserted in the 

 British Counter Case which, in the opinion of the United States, 

 should not be justified as relevant by way of reply to their Gase. 

 1 expressed my gratitication at the settlement of the question, and 

 asked him whether the United States required an extension of time 

 offered by your Lordship for the prei)aration of their Counter Case." 

 To that statement by Mr. Secretary Foster Mr. Herbert made no 



