144 ARGUMENTS ON PRELIMINARY MOTIONS. 



statement, that British legislation would be necessary to enable Her 

 Majesty's Government to exclude British vessels from any j)ortion of 

 the high seas, 'even for an hour,' you informed me, by desire of the 

 President, that the United States Government would be satisfied if 

 Lord Salisbury would, by public Proclamation, simply request that 

 vessels sailing under the British flag should abstain from entering the 

 Behring Sea during the present season". That leads up to the procla- 

 mation to which I have already referred. You will observe that passage 

 is given in inverted commas. "I have now the honour to inform you 

 that I have been instructed by Lord Salisbury to state to you, in reply, 

 that the President's request presents constitutional difiiculties, which 

 would preclude Her Majesty's Government from acceding to it, except 

 as part of a general scheme for the settlement of the Behring Sea 

 controversy, and on certain conditions which would justify the assump- 

 tion by Her Majesty's Government of the grave responsibility involved 

 in the jjroposal. Those conditions are: — 1. That the two Governments 

 agree forthwith to refer to arbitration the question of the legality of 

 the action of the United States Government in seizing or otherwise 

 interfering with British vessels engaged in the Behring Sea, outside of 

 territorial waters, during the years 1886, 1887, and 1889." 



Mr. Phelps.— What is the date? 



Sir Charles Eussell. — The 27th June 1890, two months after the 

 Convention. 



Sir EicHARD Webster. — It is page 223 of your Appendix. 



Mr. Phelps. — Yes, 1 merely wanted the date. 



Sir Charles Russell. — "2. That, pending theaward,allinterference 

 with British sealing vessels shall absolutely cease. 3. That the United 

 States Government, if the award should be adverse to them on the 

 question of legal right, will compensate British subjects for the losses 

 which they may sustain by reason of their compliance with the British 

 Proclamation. Such are the three conditions on which it is indispen- 

 sable, in the view of Her Majesty's Government, that the issue of the 

 proposed Proclamation should be based. As regards the compensation 

 claimed by Her Majesty's Government for the losses and injuries sus- 

 tained by British subjects by reason of the action of the United States 

 Government against British sealing vessels in the Behring Sea during 

 the years 188G, 1887 and 1889, 1 have already informed Lord Salisbury of 

 your assurance that the United States Government would not let that 

 claim stand in the way of an amicable adjustment of the controversy, 

 and I trust that the reply which, by direction of Lord Salisbury, I have 

 now the honour to return to the President's enquiry, may facilitate the 

 attainment of that object, for which we have so earnestly laboured". 

 The Tribunal, therefore, sees that in the forefront of these points was 

 the reference to Arbitration of the question of the legality of the action 

 of the United States in seizing or otherwise interfering with British 

 vessels, and next that the United States Government, should compensate 

 British subjects even before any act of seizure was done, if they abstained, 

 in compliance with the request of the United States, from pursuing seal- 

 ing in the year which is dealt with here. 



And, lastly, I must ask you. Sir, to turn over to the next numbering 

 at page 55. It is very clumsily arranged, I am sorry to say. 



Sir Richard Webster. — It begins on page 37. 



Sir Charles Russell. — It is a very long despatch of Mr. Blaine 

 of the 17th December, 1890. It begins at page 37, but the passage that 

 I read is on page 55. 



I begin at the second break from the top of page 55. — " In his Annual 

 Message, sent to Congress on the 1st of the present month the Presi- 



