ORAL ARGUMENT OP JAMES 0. CARTER, ESQ. 37 



arrest of British sealers again, and that action was followed by renewed 

 protests on the part of the British Government. I call the attention 

 of the Tribunal to the letter of Mr. Edwardes to Mr. Blaine. Mr. 

 Edwardes was then in charge of the British mission at Washington. 

 He was actually at Bar Harbor. The letter is on page 195, in the tirst 

 volume of the Appendix of the American Case. 



Mr. Edwardes to Mr. Blaine. 



Bar Harror, August S4, 1SS9. 



Sir: In accordance with instructions wbicli I Lave received from Her Majesty's 

 Principal Secretary of State for Foreigu Affairs, I liave tlie liouor to state to you 

 tliat repeated rumors have of Lite readied Her Majesty's Government that United 

 States cruisers have stopped, searched, and even seized British vessels in Behring" 

 Sea outside of the three-mile limit from the nearest land. Although no ofticial con- 

 firmation of these rumors has reached Her Majesty's Government, there appears to 

 he no reason to doubt their authenticity. 



I am desired by the Marquis of Salisbury to inquire whether the United States 

 Government are in possession of similar information, and further, to aslc tliat 

 stringent instructions may be sent by the United States Government, at the earliest 

 moment, to their officers, with the view to prevent the possibility of such occur- 

 rences taking place. 



In continuation of my instruction I have the honor to remind you that Her 

 Majesty's Government received very clear assurances last year from Mr. Bayard, at 

 that time Secretary of State, that pending the discussion of the general questions at 

 issue no further interference should take place with British vessels in Behring Sea. 



In conclusion, the Marquis of Salisbury desires me to say that Sir Julian Paunce- 

 fote. Her Majesty's Minister, will be prepared on his return to Washington in the 

 autumn to discuss the whole question, and Her Majesty's Government wish to point 

 out to the United States Government that a settlement can not but be hindered by 

 any measures of force which may be resorted to by the United States. 

 I have, etc., 



H. G. Edwardes. 



The learned Arbitrators will see what the situation was at this par- 

 ticular time. The vessels which had been seized in 1887, with the 

 exception of one, the "Sayward", which I have mentioned, had been 

 released. The negotiations were pending and during 1888 no new 

 seizures had been made. What that was in consequence of, it is not 

 important to state. It may have been that such a course was thought 

 on the part of the American Government to be likely to cause irrita- 

 tion which Avould tend to prevent the adjustment which they sought of 

 the question. At all events, none were made in 1888. 



Mr. Cleveland and Mr. Bayard, his iSecretary of State, under whose 

 auspices that policy of conciliation had been adopte;'. and ])ursued, 

 were now out of office. They were succeeded by President Harrison 

 and Mr. Blaine as Secretary of State, of course under the obligation to 

 enforce the laws and policy of the United States. The negotiation for 

 a settlement appeared to be in a state of sus})ended animation, and 

 with no particular prospect of being renewed; and, therefore, the 

 course of the United States under tliese circumstances was to re-adopt 

 the policy of enforcing the prohibition of pelagic sealing. That brought 

 the subject again to the attention of the British Government and led 

 to protests on its part. Those protests included the suggestion that 

 assurances had formerly been given by Mr. Bayard that no further 

 seizures would be made pending the discussion. It is not important to 

 my purpose here, but I must remark that it is denied that such assur- 

 ances were given, and I do not think there is any evidence of them. 

 Lord Salisbury doubtless tliought so. 



In the next place the request of the British Government was that 

 instructions should be given to prevent any recurrence of those seizures. 

 This suggestion could not very well be made in the then existing state 



