118 ARGUMENTS ON PRELIMINARY MOTIONS. 



itself in tlie course of our discussious, I do not despair of arriving at a, 

 solution wliicli will be satisfactory to all the Governments concerned". 

 He then <;oes on to say that this scheme he has i)repared and submits 

 in an iiu-losnre, and that inclosnre is to be found on pa<;e 457. It is 

 entitled: — ''Draft Convention between Great Britain, Itussia and the 

 United States of America, in relation to the fur-seal Fishery in the 

 Behring's Sea, the sea of Ochotsk, and the adjoining waters ". "Article 



1. The High Contracting Parties agree to appoint a mixed Commission 

 of Experts." — here is the first occasion of the suggestion of this Com- 

 mission of Experts — "who shall inquire fully into the subject, and 

 report to the High Contracting Parties within two years from the date 

 of this Convention the result of their investigations, together with their 

 opinions and recommendations on the following questions: — 1. Whether 

 Eegulations properly enforced upon the breeding islands (Robin island 

 in the sea of Ochotsk, and the Commander islands and the Pribilott" 

 islands, in the Behring's Sea) and in the territorial waters surrounding 

 those islands, are sufticient ibr the preservation of the fur-seal species. 



2. If not, how far from the islands is it necessary that such Regulations 

 should be enforced in order to jireserve the species'? 3. In either of 

 the above cases, what should such Regulations provide*? 4. If a close 

 season is required on the breeding islands as well, what extent of 

 waters and what i)eriod or periods should it enibracef 



The Commissioners were to be appointed to report for the informa- 

 tion of the Governments on those points, and the}' were to be experts. 

 "Article II. On receipt of the Report of the Commission, and of any 

 separate Reports which maybe made byindividual Commissioners, the 

 High Contracting Parties will proceetl "forthwith to determine what 

 International Regulations, if any, are necessary for the purpose afore- 

 said, and any Regulations .so agreed upon shall be embodied in a further 

 Convention, to wliich the accession of the other Powers shall be invited." 

 Now the next stage was to endeavour to come to an agreement upon 

 the basis of such Report. "Article III. In case the High Contracting 

 Parties should be unable to agree upon the Regulations to be adopted, 

 the questions in difi'erence shall be referred to the arbitration of an 

 imi)artial Government, who shall duly consider the Rej^orts herein before 

 mentioned, and whose award shall be final, and shall determine the 

 conditions of the further Convention." As the original suggestion of 

 the whole scheme thus finally came to the form and shape in which it 

 now stands, what did it contemplate! 



T'he President. — May I ask the gentlemen of the United States 

 whether Russia, which was supposed to be a party in this intended 

 Convention, took part in those negotiations'? 



Mr. Carter. — Russia was to a certain extent consulted; and it will 

 appear on the face of this suggested scheme that the contemplation was 

 that Russia should be brought in. I could not say now, because I can- 

 not state with accuracy, how far Russia was at that time an actual par- 

 ticipating party, or only whether at this time it was contemplated that 

 she should be made a ])articipating party. 



The President. — Mr. Foster might be perhaps aware, and could tell 

 us whether the draft of the Convention was communicated in fact to 

 Russia, or whether it was a draft that remained between the United 

 States and England, because then, of course, it would have much less 

 authority, I might say. 



Mr. Foster. — I am not j^repared at this moment to give an explicit 

 answer. I was not at that time Secretary of State, and I could only, 

 therefore, make a reply from my knowledge of the correspondence. I 



