ORAL AEGUMENT OP JAMES C. CARTER, ESQ. 53 



the seals do not reacli the Pribilof Islands till Jnue, leaving again by the time the 

 closing of the ice compels the whalers to retnrn. 



The statement that it is "a fact now held beyond denial or doubt that the taking 

 of seals in the ojien sea rapidly leads to Their extinction" would admit of reply, and 

 abundant evidence could be adduced on the other side. But as it is proposed that 

 this part of the question should be examined by a committee to be appointed by the 

 two Governments, it is not necessary that I should deal with it here. 



Her Majesty's Government do not deny that if all sealing were stopped in Behring 

 Sea excejit on the islands in possession of the lessees of the United States, the seal 

 may increase and multiply at an even more extraordinary rate than at presiMit, and 

 the seal fishery on the island may become a monopoly of increasing value; but they 

 can not admit that this is sufficient ground to justify the United States in forcibly 

 dejiriving other nations of anj^ share in this industry in waters which, by the recog- 

 nized law of nations, are now free to all the world. 



It is from no disrespect that I refrain from replying specifically to the subsidiary 

 questions and arguments put forward by Mr. Blaine. Till the views of the two 

 Governments as to the obligations attaching, on grounds either of morality or neces- 

 sity, to the United States Government in this matter, have been brought into closer 

 harmony, such a course would appear needlessly to extend a controversy which Her 

 Majesty's Government are anxious to keep within reasonable limits. 



The negotiations now being carried on at Washington prove the readiness of Her 

 Majesty's Government to consider whether any special international agreement is 

 necessary for the protection of the fur-sealing industry. In its absence they are 

 unable to admit that the case put forward on behalf of the United States affords any 

 sufficient justification for the forcible action already taken by them against peace- 

 able subjects of Her Majesty engaged in lawful operations on the high seas. 



"The President," says Mr. Blaine, "is persuaded that all friendly nations will 

 concede 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." 



Her Majesty's Government have no difficulty in making such a concession. In 

 strict accord with the views which, previous to the present controversy, were con- 

 sistently and successfully maintained by the United States, they have, whenever 

 occasion arose, opposed all claims to exclusive privileges in the non-territorial waters 

 of Behring Sea. The rights they have demanded have been those of free navigation 

 and fishing in waters which, previous to their own acquisition of Alaska, the United 

 States declared to be free and open to all foreign vessels. 



That is the extent of their present contention and they trust that, on considera- 

 tion of the arguments now presented to them, the United States will recognize its 

 justice and moderation. 



I have to request that you will read this dispatch to Mr. Blaine and leave a copy of 

 it with him should he desire it. 



I am, etc., Saxisbury. 



[Inclosure.] 



In 1870 Collector Phelps reported "the barque Cyawfl has arrived at this port (San 

 Francisco) from Alaska, having on board. 47 seal skins." (See Ex. Doc. No. 83, Forty- 

 fourth Congress, first session.) 



In 1872 he reported expeditions fitting out in Australia and Victoria for the purpose 

 of taking seals in Behring Sea, and was informed that it was not expedient to inter- 

 fere with them. 



In 1874, Acting Secretary Sawyer, writing to Mr. Elliott, special agent, said : 



" It having been officially reported to this Department by the collector of customs 

 at Port Townsend, from Neah Bay, that British vessels from Victoria cross over into 

 American waters and engage in taking fur-seals (which he represents are annually 

 becoming more numerous on our immediate coast) to the great injury of our sealers, 

 both white and Indian, you will give such proper attention to the examination of 

 the subject as its importance may seem to you, after careful inquiry, to demand, and 

 with a view to a report to the Department of all facts ascertained." (Ditto, Mav 4, 

 No. 117, p. 114.) 



In 1875, Mr. Mclntyre, Treasury agent, described how " before proceeding to harsh 

 measures" he had warned the cajitain of the Cygnet, who was shooting seals in 

 Zapadnee Bay, and stated that the captain appeared astonished that he was breaking 

 the law. (Ditto, March 15, 1875, No. 130, p. 124.) 



In 1880, the fur-seal trade of the British Columbia coast was of great importance. 

 Seven vessels were then engaged in the fishery, of which the greater number were, 

 in 1886 and 1887, seized by the United States Government in Behring Sea. 



In 1884 Daniel and Alexander McLean, both British subjects, took the American 

 schooner San Diego to Behring Sea, and were so successful that they returned there 

 in 1885, from Victoria, with the Mary Ellen and the Favourite, 



