50 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



impose the penalties for the same. The witnesses and proofs necessary to establish 

 the offence shall also be sent with them and the court adjudicating upon the case 

 may order such portion of the fines imposed or of tlie proceeds of the condemned 

 vessel to be applied in payment of the expenses occasioned thereby. 



Article XI. 



RATIFICATION. COMMENCEMENT AND DURATION OP CONVENTION. 



This convention shall be ratified and the ratifications shall be exchanged at 



in six months from the date thereof or sooner if possible. It shall take effect on 

 such day as shall be agreed upon by the High Contracting Parties, and shall remain 

 in force'nntil the expiration of sis mouths after the date of the report of the Com- 

 mission of experts to be appointed under Article I ; but its duration may be extended 

 by consent. 



Article XII. 



ACCESSION OF OTHER POWERS. 



The High Contracting Parties agree to iuvite the accession of the other powers to 

 the ijresent convention. 



To put it briefly, Sir Julian's sclieme was to obtain this report of a 

 mixed connnission of exi)erts, which, in his view, would, presumably, 

 make it x^ossible for the two Governments to enter into a final conven- 

 tion upon the subject which would accomplish the desired object: that 

 if they should not be able to come to an agreement upon receiving that 

 report, then the points of difference should be referred to the arbitra- 

 tion of an impartial Government. The scheme had, therefore, two 

 aspects. First, to settle the differences by treaty; failing that, by a 

 reference to arbitration. That is what Sir Julian Pauucefote expresses 

 in one part of his letter: 



The draft, of course, contemplates the conclusion of a further Convention, after 

 full examination of the Report of the Mixed Commission. It also makes provision 

 for the ultimate settlement by arbitration of any difference which the Report of the 

 Commission may still fail to adjust, whereby the important element of finality is 

 secured; and in order to give to the projiosed arrangement the widest iuternational 

 basis, the draft provided that the other Powers shall be invited to accede to it. 



Th.ere is one feature of the proposal of Sir Julian to which I should 

 call attention ; and that is the measure of interim protection. I read 

 again from his letter: 



1. That pelagic sealing should be prohibited in the Behring Sea, the Sea of Okhotsk, 

 and the adjoining waters, during the months of May and June, and during the 

 mouths of October, November, and December, which may be termed the "migration 

 periods'' of the fur-seal. 



2. That all sealing vessels should be prohibited from approaching the breeding 

 islands within a radius of 10 miles. 



It suggested a protective zone of that width. 



While these negotiations were going on, including these suggestions 

 by Sir Julian of a renewal of the interrupted negotiations on the basis 

 proposed by him, Lord Salisbury had under consideration the note of 

 Mr. Blaiiie to Sir Julian which I read at the close of yesterday's session 

 and which made a full statement of the position of the United States. 

 On the 2L'nd of May, 1.S90, Lord Salisbury sends to Sir Julian his answer, 

 a copy of which was left with Mr. J31aiue. That will be found on page 

 207 of the first volume of the Appendix of the American Case. 



The Marquis of Salisbury to.Sir Julian Pauncefoie. 

 [Left at the Department of State on June 5 by Sir Julian Pauncefote.] 

 No. 106.] Foreign Office, May S2d,lS90. 



Sir: I received in due course your dispatch No. 9, of the 23d January, inclosing 

 cox>y of Mr. Blnine's note of the 22d of that month, in answer to the protest made on 

 behalf of Her Majesty's Government on the 12th October last, against the seizure of 

 Canadian vessels by the United States revenue-cutter Bush in Behring Sea. 



