30 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



slaughter of the seals dm'iiig the time of hreeding; ami at my request, M. de Staal 

 had obtained iusti'uctions from his Government on that question. 



At this preliminary discussion it was deeided provisionally, in order to furnish a 

 basis for negotiation, and witliout delinitively pledging our Governments, that the 

 space to be covered by the proposed Convention should be the sea between America 

 and Russia nortli of the 47th ilegree of latitude; that the close time shouUl extend 

 from the 15th April to the 1st November; that during that time the slaughter of all 

 seals should be forbidden; and vessels engaged in it should be liable to seizure by 

 the cruizers of any of the three powers, and should be taken to the port of their 

 own nationality for condemnation; that the tra.ffic in arins, alcohol, and powder 

 should be prohibited in all the islands of those seas; and that, as soon as the three 

 I'owers had concluded a Convention, they shouhl join in submitting it for the assent 

 of the other Maratime Powers of the northern seas. 



The United States Chargd d'Affaires was exceedingly earnest in ])ressing on us the 

 importance of dispatcli on account of tlie inconceivable slaughter that had been and 

 Avas still going on in these seas. He stated that, in addition to the vast quantity' 

 brought to nuirket. it was a common practice for tliose engaged in the trade to shoot 

 all seals they might meet in the open sea, and that of these a great number sank, so 

 that tlieir skins could not be recovered. 



I am, etc., Salisbury. 



The loarueil Arbitrators will now see the manner in which the negoti- 

 ations i)en(linj4' between the two Governments was notified to the 

 Canadian Government. 



Sir Charles Kussell. That was to Sir Kobert Morier. That was 

 to Ivnssia, not to ('anada. 



The PRESIDENT. Sir Robert Morier Avas in St. retersburji,-. 



Mv. I'o.STER. A copy of the same note was sent to Sir Lionel Sack- 

 ville West. 



Mr. Carter. What Sir Charles IJussell says may be true; but a copy 

 of the same note was sent to Sir Lionel Sackville West at Washington. 



Sir Charles IIltssell. Yes; it was sent to W^ashington, not to 

 Canada. 



The President. Tliat is not a commnnication made to Canada. 

 You spoke of a communication to tlie Canadian Government. Sir 

 Lionel Sackville W^est was in Wasliinton. 



Mr. Carter. Yes; he was in Wasliington; but the evidence that 

 the communication was sent to Canada is not derived from tiiis note of 

 Salisbury to Morier, and which was also sent to Sir Lionel Sackville 

 West. I am in error in stating, if I did state, that that was the form 

 in wliich Canada was api»rised of the state of negotiations; but tliat 

 ac this time Canada was so apprised is stated in tlie connuunications 

 Avliich 1 have read. 



Mr. Justice IIarlan. You will find on page 1!M) of the British Case, 

 Appendix, Vol. Ill, the letter from the Colonial Oflice to the Foreign 

 Office, in which Lord Knutsford acknowiedges tlie receipt of the letter 

 of the I'Otli, transmitting a copy of a dispatch addressed to Her Majes- 

 ty's Ambassador at St. Petersburg. 



The ['RESIDENT. That is the same dispatch that was sent to the 

 Canadian Government. 



Mr. Justice HAiiLAN. Tlie answer of the Canadian Government is 

 on page 212 of that volume. 



Mr. Carter. On page 190 of the third volume of the Appendix to 

 the Lritish Case, is found the following communication from the British 

 Colonial Oflice to the Poreigu Office: 



Colonial Office to Foreign Office. 



No. 128.] Downing Stkekt, April ;?.5, ISSS. (Received April 26.) 



SiH, I am directed by Lord Knutsford to acknowledge the receipt of your letter 

 of the -!Oth instant, transmitting a (•o])y of a disjiatch addressed to Her Majesty's 

 Ambassador at St. Petersburg respecting ihe proposed establishment of a close time 

 lor seals in Behriug's Sea. 



