ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 27 



111 reoard to the trinl of ofl'ciulors for violation of the proposed rcgnlntioiis, pro- 

 vision miglit lie made for sncli trial by handing over the alleged oll'ender to the 

 courts of liis own country. 



A precedent for snch pvorednro is foniid in the treaty signed at the Hague on May 

 6, 1882, for regulating the police of the North Sea fisheries, a copy of which is 

 inclosed. 



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



The Arbitrators will soe that, so far, the diplomatio correspondence 

 has resulted in this; that the first pro}»osal to (4reat Britain of concur- 

 rent regnlations was acceded to by Lord Salisbury, and a draft of i)ro- 

 posed rej^ulations was requested by JNIr. Phelps from Mr. JJayard, in 

 order that lie mioht more distinctly state the terms of the proi)osal to 

 Lord Salisbury. Having- obtained a draft of the ])roposed regulations, 

 which provided for a ch)se season over an area, which I have already 

 described, that was submitted to Lord Salisbury and met with his 

 prompt assent. That, it wdl be perceived, made a "close i^eriod" 

 between April 15 and JS^ovember 1st. 



It was shortly after this, and if I am correct in my recollection, on 

 or about the 5tli of April, 1888, that Mr. Phelps left London and went 

 to the United States for a while, and the aftairs of the mission in Lon- 

 don were left in charge of Mr. White. There are some letters from 

 Mr. White to Mr. Bayard which show the further progress of the 

 negotiations. Mr. White, on the 7th of April, 1888, addresses Mr. 

 r>ayi(rd. This is a telegram. Mr. White stated that on the following* 

 Thursday he was to nteet Lord Salisbury and M. de Staal, etc: 



Mr. White to Mr. Bayard. 

 [Tolegraiu.] 



Lkgation of thk United States, 

 London, April 7, ISSS. (Ki^ci'ived April 7.) 

 Mr. White stated that on the following Thursday he was to meet Lord Salisbury 

 and M. de Staal to discuss the question of the protection of the seals. On April 7 

 he had had an interview on the subject with M. do Staal, from whom he learned 

 that the Russian (Government wished to include ia the proposed arraiUgemout that 

 part of Behriug Sea in which the Commander Islands are situated, and also the sea 

 of Okhotsk. Mr. White supposed that the United States would not object to this. 



On the same day he addresses this letter to Mr, Bayard : 



Mr. White to Mr. Bayard. 



No. 720.] Legation of the United States, 



London, April 7, ISSS. (Received April 17.) 



Sir: Referring to your instructions numbered 782 of February 7 and 810 of March 

 2, resi)ecting the protection of seals in Behring Sea, I have the honor to acquaint 

 you that I received a private note from the Marquis of Salisbury this morning 

 stating that at the request of the Russian euibassador he had appointed a meeting 

 at the foreign office next Wednesday, 11th instant, "to discuss the riuestion of a 

 close time for the seal fishery in Behriug Sea," and expressing a hope that I would 

 make it convenient to be present, and I have replied that I shall be happy to attend. 



Subsequently I saw M. de Staal, the Russian embassador, at his request. He 

 referred to the interviews which Mr. Phelps had had with him, of which I was, of 

 course, cognizant, and stated that his full instructions on the subject would not 

 reach London until to-night or to-morrow, and that he was about to lea\e town 

 until next Wednesday, but meanwhile he could say that his Government would like 

 to have the regulations which might be agreed upon for Behring Sea extended lo 

 that portion of the latter in which the Conunauder Islands are situated, and also to 

 the Sea of Okhotsk (in which Robben IsLttuI is situated). 



As both these ])Iaces are outside the limit laid down in your instruction numbered 

 782 (170'^ of longitude east I'roni Greenwich). I have thought it best to send you the 

 telegram, of which I inclose a copy herewith. 



I am, etc., Henry White. 



