22 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



(N". 018.) I^IOGATIOX OF THE X^NITKl) S TATKS, 



London, Norcmhcr 13, 1SS7. (Received Noveiiiltcr 22.) 



Sir: ReibrriiiEC to your inKtrnctious imnibered 68r), of August 19, 1887, I huve now 

 to say that owing to tlie aliseiice from London of Lord Salisbury, secretary of state 

 for loreign afi'airs, it has not bcsou in my power to obtain liis attention to tlie subject 

 until yesterday. 



I had thou ini intervicvi' Avitli him, in which I proposed on the part of the Tlovern- 

 nient of the United States that I)y mutual agreement of the two (Jovernmcnts a code 

 of regulations shouhl be a(lo])tcd for the jn ('S(Mvation of the seals in ]^(^hiing Sea 

 from destruction at improj)er times and by ini[)roper means l>y the citizens of either 

 country; such agreement to be entirely irrt^sjx'ctive of any ([ucstioiis of contlicting 

 jurisdiction in tjiose waters. 



His lordshi]) promptly acquiesced in this proposal on the part of Great Britain 

 jind suggestiMl that I should obtain from my Government and submit to him a sketch 

 of a systian of regulations which wonhl be ade(iuate for the puri)ose. 



I liave therefore to reiinest that I may bo fnrnislied as early as possible with a 

 draft of such a code ;is in your judgmi'nt should l)e adopt(!d. 



I would suggest also that copies of it be furnished at the same time to the minis- 

 ters of the llnited States in Germany, Sweden and Norway, Russia, France, and 

 Japan, in order that it may be under consid(^ration 1)y the Governments of those 

 countries. A mutual agreement between all the Governments interested may thus 

 be reached at an early day. 



I have, etc., ' E. J. Phelps. 



I assumo from this that Mr. Pliolps conimunicatod the instructions 

 lie had received from Mr. Ilayard, and that in that way the note of Mr. 

 Bayard was coinnmnicated to the Groverninent of Great Britain. 



Sir (-HAIJLES IlusSELL. That is corre<'t, substantially. 



Mr. Oartek. And the learned arl)itiators will perceive from this 

 that in carrying' out the instructions which he had received from Mr. 

 Bayard, Mr. IMielps i)ro})osed to Lord Salisl>ury tlie establishment of a 

 code of regulations for the restriction of pelagic sealing liy citizens of 

 either country during certain times. The idea, was a code of regula- 

 tions establishing what was called a "close time"; and to that sugges- 

 tion, which was designed to carry out Mr. Bayard's object of preservin^g 

 the seals by international agreement, a jirompt assent was given by 

 Lord Salisbury. What was awaited, therefore, was the framing by the 

 United States of a code of regulations sutticient to carry out the object 

 in view. Mr. Phelps upon receiving that communication, presumably 

 at least, — ])erhaps his letter may be somewhere printed, but I do not 

 know that it is — informed Mr. Bayard of this fact, and then Mr. Bayard 

 addresses a further communication to him. Tliis is found on page 175. 



The President. Mv. Carter, I would suggest that before w^e begin 

 this new question we might rest a while. 



The Tribunal thereupon took a recess for a short time. 



After re- assembling. 



The President, said: Mr. Carter, will you proceed? 



Mr, Carter. Mr. President, when the Tribunal rose for its recess, I 

 was calling the attention of tlie learned Arbitrators to the course of 

 the corresiiondence which arose in reference to the seizures of British 

 vessels. 1 had stated the conciliatory action which Mr. Bayard, the 

 American Secretary of State had chosen to take, the sending of com- 

 munications by him to the American Ministers to the various maritime 

 nations, and tlie resjionse which had been received to the communica- 

 tion thus made from Lord Salisbury, the British Minister of Foreign 

 Affairs. 1 had read, as showing that resijonse, the note of Mr. Phelps 

 to Mr. Bayard of November Hi, 1887. 



