ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 21 



It is well known that tlio nnrojjnlatpd and indipcrimiuate killin<:jof seals in many 

 parts of the world has Uriv<!n them from ])lace to place, and, by breaking up their 

 habitnal resorts, has greatly reduced their number. 



Under these circumstances, and in view of the common interest of all nations in 

 preventing the indiscriminate destruction and consequent extermination of an 

 animal which contributes so importantly to the commercial Avealth and general use 

 of mankind, you are hereby instructed to draw the attention of the Government to 

 which you are accredited to the subject, and to invite it to enter into such an 

 arrangement with the (Government of the United States as will prevent tlie citizens 

 of either country from killing seal in Behring Sea at such times and places, and by 

 such methods as at present are pursued, and which threaten the speedy extermina- 

 tion of those animals a-nd consequent serious loss to mankind. 



The ministers of the United States to Germany, Sweden and Norway, Russia, 

 Japan, and Great Britain have been each similarly addressed on the subject referred 

 to in this instruction. 



I am, etc., T. F. Bayard. 



That was the attitude first taken by Mr. Bayard towards other 

 nations. He refers, in the first plaee, to tlie peculiar character of the 

 property in question; and in referring to the peculiar character of the 

 l)roperty he means that it is an animal that passes part of its life on the 

 land and part In tlie sea. He refers, next, to the exceptional marine 

 jurisdiction whicli the United States inight claim to exercise for the 

 purpose of protecting a i)iece of ])roperty so peculiar in its character. 

 He expresses a desire to avoid discussion of those subjects, and he 

 makes his appeal generally to those who are in charge of the interests 

 of mankind to come to some international agreement by which an 

 animal so important in its benefits as the seal is may be effectually pre- 

 served. That was the attitud<i taken by Mr. Bayard, characteristic of 

 the man, conciliatory, and, as it seems to me, the one which an enlight- 

 ened statesman should have taken under the circumstances. 



The nations, other than Great Britain, who were thus addressed 

 answered this note, I believe I am correct in saying, in rather a formal 

 Avay, to the effect that they were not specially interested in the subject- 

 matter of the controversy, but would take the suggestions into serious 

 consideration and await such discussion as might be had. So far as 

 Great Britain is concerned, I think I may say that the suggestions 

 thus made by Mr. Bayard were communicated to Lord Salisbury by 

 the American representative in England at that time, my associate Mr. 

 Phelps, and were at once accepted by him in the spirit in which they 

 were offered. 



Senator Morgan. Mr. Carter, if you will allow me, I think that the 

 diplomatic correspondence shows that Japan and Russia coincided with 

 the proposition of the United States, and Norway and Sweden expressed 

 their concurrence in the ideas presented in the note of Mr, Bayard, but 

 said that that Government was not at present interested in the ques- 

 tion, and suggested that the convention should be so framed as to admit 

 other i^owers to join subsequently, if they saw proper. 



Mr. Carter. I should have observed that Japan and Eussia made 

 a favorable response to these suggestions; but other nations not par- 

 ticularly interested answered, I think, in the way I suggested. 



But what I had particularly in mind to impress ni)on the Tribunal 

 was what I think will prove to be true; namely, that when these con- 

 ciliatory suggestions were nmde to Lord Salisbury they were accepted 

 by him in the spirit in which they were tendered. The first note which 

 1 shall read upon that point is that of Mr. Phelps to Mr. Bayard, which 

 was dated in London, 12th November 1887; the letter of Mr. Bayard 

 having- been dated 19th of August. Mr. Phelps says: 



