146 ARGUMENTS ON PRELIMINARY MOTIONS. 



Senator Morgan. — Will you allow me to ask you when it was the 

 words ''resorting to Beliring's sea" first find their place in this corre- 

 spondence or in any programme or draft of the Treaty 1 



Sir Charles Eussell.— Well, Sir, I will not undertake to say off- 

 hand. 



Sir Richard Webster, — It was in that letter. 



Mr, Justice Harlan, — No, not in that letter, is it? 



Sir Richard Webster. — Yes, question 5. 



Senator Morgan. — I merely want to know when they got into this 

 Treaty. 



The President. — It is a very important topic. 



Sir Charles Russell. — The words occur, as my learned friend 

 points out in this Article V, but when it first occurs, I cannot say. 



Mr. Phelps. — A reference to two letters between these parties in 

 1890 will show conclusively all that we undertake to assert on this 

 point, and that is, that if these nations could have got together on the 

 question of regulations, this small matter of compensation would not 

 have stood in the way of a settlement nor given occasion for an Arbi- 

 tration. On the 28th January, 1890. — I read from the third volume of 

 the Appendix to the Case of Her Majesty's (Toverninent, page 399, is a 

 letter from the Marquis of Salisbury to Sir Julian Pauncefote, which is 

 the re-opening of the negotiations which I have referred to that had ter- 

 minated in 1888. 



"I have received your telegram of the 2ord instant, giving the sub- 

 stance of a note you had received from Mr. Blaine, in reply to the pro 

 posals made to the Government of the United States for the re-opening 

 of negotiations on the Behring sea question. Her Majesty's Govern- 

 ment will be prepared, when the text of the note readies them, to give 

 it their careful consideration, and to return a formal reply," Then 

 lower down. — ''The following are the terms which Her Majesty's Gov- 

 ernment would be prepared to authorise you to propose to Mr. Blaine. 



(a) That the tripartite negotiation for securing a close time in Beliring's 

 sea for the protection of the fur-seals should be resumed at Washington. 



(b) That all well-founded claims for compensation on the ])art of British 

 subjects for seizures in the past of their vessels by authorities of the 

 United States should be dealt with by a separate negotiation as s)>eedily 

 as possible, but that it should be understood that Her Majesty's Gov- 

 ernment must be satisfied on this point before they can come to any set- 

 tlement in regard to a close season, (c) Lastly, that an assurance 

 should be obtained from the Government of the United States that 

 there shall be no further seizures", and so on. The answer to that is 

 from Sir Julian Pauncefote to the Marquis of Salisbury by telegraph 

 two days later. — "My Lord, I have the honour to inform your Lordship 

 that I think it is important that I should know the total amount' of 

 compensation which is claimed for the seizures of British vessels in 

 Beliring's sea up to date before making the proposals indicated in your 

 Lordship's telegram of the 2Sth instant. 



" I have told Mr. Blaine that Her Majesty's Government must liave 

 satisfaction on this point before they can agree to anj^ settlement on the 

 other question. Arguing from his standpoint, he denies any right of 

 compensation, but he is willing, for the sake of settling so grave a dis- 

 jmte, to consult the President of the United States as to a gratuitous 

 offer of a lump sum in full siitisfaction, in order that discussions on 

 items involving principles on which the views of the two Governments 

 appear irreconcilable may be avoided. He has, therefore, asked me to 

 obtain the above information as soon as possible. If this ditticulty be 



