ARGUMENTS ON PRELIMINARY MOTIONS. 1-49 



Sir Charles Eussell. — Might I give tbis other date, in the hirge 

 Voliinie that Mr. Justice Ilarhm has before hiin, very near tlie end of 

 tlie Volume, at page 101, tlie letters that have been referred to show 

 the views that had been discua.sed before the Treaty. This is a letter 

 afier the Treaty has iieen concluded, showing what jNIr. Wharton's view 

 was, who was then the Acting ^Secretary for the United States. 



If Mr. Justice Harlan would be good enough to turn to ])age 162. 



General Foster. — Will you give us the date of the letter? 



Sir Charles Eussell. — The date of the letter is the 8tli of ]March 

 1892. "In your note of February 29, you state that Her Majesty's 

 Government has been informed by the British Commissioners that so 

 far as pelagic sealing is concerned, there is no danger of serious 

 diminution of the fur seal species as a consequence of this year's hunt- 

 ing, and upon this ground Lord Salisbury i>laces his refusal, to renew 

 the modus of last year. His Lordship seems to assume a determination of 

 the Arbitration against the United States and in favour of Great Britain, 

 and that it is already only a question of so regulating a common right 

 to take seals as to preserve the species. By what right does he do 

 this ? Upon what princi])le does he assume tliat if our claims are estab- 

 lished", and so on, — it will not be an injury to our property, 



Mr. Phelps. — I beg to remind the Tribunal of another motion that 

 has been filed by the Agent of the United States, to strike out from 

 the Case certain claims for damages and certain evidence. We await, 

 of course, the pleasure of the Tribunal as to the time when it should 

 be heard. The hour for adjournment has nearly come. I wish only to 

 say that at some time, at the convenience of the Tribunal, and before 

 the argument on the merits commences, we desire to have an oi)por- 

 tunity to present this motion, so that we may know at the beginning 

 of the argument what claims and what evidence are regarded by the 

 Tribunal as in the Case, and subject to consideration. 



Sir BiCHARD Webster. — My learned friend the Attorn ey-(Teneral, 

 has asked me to deal with these matters. They are so small that I am 

 perfectly willing they should be discussed at any time the Tribunal 

 think convenient. We did understand the Tribunal to say the other 

 day that — and I read the words — " they consider that this other motion 

 must be reserved to a later stage of the proceedings". 



Mr. Justice Harlan. — I ought to say that I simply understood, and I 

 believe I made the suggestion to tlie President, that we would take up 

 the argument on the question of the supplemental report first. 



Sir BiCHARD Webster. — But may I say first with reference to this 

 matter, that I am perfectly willing, as I believe it is a very short matter 

 and will require very little explanation, to take it up now. It can only 

 occupy a very few minutes. 



The President, — The Tribunal would rather take the matter up at 

 its next session; and I will ask Mr, Phelps at that moment to bring his 

 motion before us, and we will decide whether we will take it into con- 

 sideration or not. 



The Tribunal proi^oses to meet privately on Tuesday next, having no 

 public sitting on that day. So our adjournment today will be until 

 Wednesday, at half past 11 o'clock. 



The Tribunal accordingly adjourned until Wednesday, Ax)ril 12, 1893, 

 at half past 11 o'clock. 



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