42 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



explode dynamite ov giant powder in such manner as to kill vast qnantities of fish, 

 and at tlie same time destroy oonutless numbers of eggs. Stringent laws have heea 

 ueocssary to prevent the taking of fish by the use of dynamite in many of the rivers 

 and lakes of the United States. The same mode of fishing could readily be adopted 

 with effect on the more shallow parts of the banks, but tlie destruction of fish in 

 proportion to the catch, says a high authority, might be as great as ten thousand to 

 one. Would Her Majesty's Government think that so wicked an act could not be 

 prevented and its perpetrators punished simply because it had been committed out- 

 side of the 3 mile line? 



Why are not the two cases parallel? The Canadian vessels are engaged in the 

 taking of fur seal in a manner that destroys the power of rei)roduction and insures 

 the extermination of the species. In exterminating the species an article useful to 

 mankind is totally destroyed in order that temporary and immoral gain may be 

 acquired by a few persons. By the employment of dynamite on the banks it is not 

 pi'obable that the total destruction of fish could be accomplished, but a serious 

 diminution of a valuable food for man might assuredly result. Does Her Majesty's 

 Government seriously maintain that the law of nations is powerless to prevent such 

 violation of the common rights of man? Are the supporters of justice in all nations 

 to be declared incompetent to prevent wrongs so odious and so destructive? 



In the judgment of this (ioverument the law of the sea is not lawlessness. Nor 

 can the law of the sea and the liberty which it coufers and which it protects be per- 

 verted to justify acts which are immoral in themselves, which inevitably tend to 

 results against the interests and against the welfare of mankind. One step beyond 

 that which Her Majesty's Government has taken in this contimtion, and piracy finds 

 its justification. The President does not conceive it possible that Her Majesty's 

 Government could in fact be less indifferent to these evil results than is the Govern- 

 ment of the United States. But he hopes that Her Majesty's Government will, after 

 this frank expression of views, more readily comprehend the position of the Govern- 

 ment of the United States touching this serious question. This Government has 

 been ready to concede much in order to adjust all ditterences of view, and has, in the 

 judgment of the President, ah-eady proposed a solution not only equitable but gen- 

 erous. Thus far Her Majesty's Government has declined to accept the proposal of 

 the United States. The President now awaits with deep interest, not unmixed with 

 solicitude, any proposition for reasonable adjustment which Her Majesty's Govern- 

 ment may submit. The forcible resistance to which this Government is constrained 

 in the Behring Sea is. in the President's judgment, demanded not only by the 

 necessity of defending the traditional and long-established rights of the United 

 States, but also the rights of good government and of good morals the world over. 



In this contention the Government of the United States has no occasion and no 

 desire to withdraw or modify the positions which it has at any time maintained 

 against the claims of the Imi)erial Government of Russia. The United States will 

 not withhold from any nation the privileges which it demanded for itself when 

 Alaska was part of the Russian Empire. Nor is the Government of the United States 

 disposed to exercise in tliose possessions any less power or authority than it was 

 willing to concede to the Imperial Government of Russia when its sovereignty- 

 extended over them. The President is persuaded that all friendly nations will con- 

 cede to the United States the same rights and privileges on the lands and in the 

 waters of Alaska which the same friendly nations always conceded to the Empire of 

 Russia. 



I have, etc., James G. Blaine. 



The President. If you please, Mr. Carter, you may coutiuue your 

 argiiuient to-morrow. 

 Tribuual adjourned until Thursday, April 13th at 11.30 a. m. 



EIGHTH DAY, APRIL 13^", 1893. 



Tlie Tribunal met pursuant to adjourumeut. 



The President. Mr. Carter, wlien you are ready to continue your 

 aroument, we will hear you with pleasure. 



Mr. Carter. Mr. President, when the Tribunal adjourned yesterday 

 I was eno-aged in explaining the leading features of what I called the 

 second stage of the controversy; which commenced with the beginning 

 of the administration of President Harrison. I had in substance 

 brought out, or endeavored to bring out, these features: that for a 

 considerable period of time prior to the accession of President Harri- 



