ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 57 



stopped in Behring Sea except on the islands in possession of the 

 lessees of the United States, the seal may increase and ninltiply at an 

 even more extraordinary rate than at present, and the seal fishery on 

 the island may become a monopoly of increasing valne; bnt they can 

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

 forcibly depriving other nations of any share in this indnstry in waters 

 which, by the recognized law of nations, are now free to all the world," 



That is another imi)lied assertion that where the waters of the sea 

 are free to the world — that is, the high seas anywhere — all nations, and 

 the citizens of all nations, are free to act upon them as they please: a 

 proposition which seems to me to stand refuted npon its mere assertion, 

 but which I shall have occasion hereafter to deal with more particularly. 



What I have now said describes the position taken by Great Britain 

 in answer to the note of Mr. Blaine which fully set fortli upon its merits 

 the attitude of the United States in reference to pelagic sealiug: and 

 my general observation is that while the note is drawn up with exceed- 

 ing ingennity and ability, it rather avoids than answers the argument 

 to which it was addressed. 



In the course of this correspondence Mr. Blaine already had before 

 him tlie proposition of Sir Julian Pauncefote for a mixed Commission, 

 which also (carried with it a proposal for an interim i)eriod of protec- 

 tion, protecting seals during the months of May and June, October, 

 November and December. 



Senator Morgan. Mr. Carter, are yon referring now to the draft con- 

 vention which you have jnst been reading from? 



Mr. Carter. That is what I refer to: the draft convention. He still 

 had that before him, and had not answered it. While he had it before 

 him he receives further protest from Sir Julian Pauncefote in reference, 

 to seizures. This is found ou page 212 of the Appendix to our Case. 



Sir Julian Pauncefote to Mr. Blaine. 



Washington, 1/ai/ £3, 1890^ 

 Sir: I have the honor to inform you that a statement having appeared in the 

 news])ay)er8 to tlie effect that the United States revenue cruisers have received 

 orders to proceed to l^ehring Sea for the purpose of preventing the exercise of the 

 seal fishery by foreign vessels in non-territorial waters, and that statement having 

 been confirmed yesterday by you, I am instructed by the Marquis of Salisbury to 

 state to you that a formal protest by Her Majestj^'s Government against any such 

 interference with British vessels will be forwarded to you without delay. 

 I have, etc., 



Julian Pauncefote. 



Now, then, the situation which confronted Mr. Blaine was this: Pres- 

 ident Harrison had felt obliged to take methods for suppressing pelagic 

 sealing in the Bering Sea, the negotiations having failed. Those meas- 

 ures for its suppression caused seizures and the seizures caused pro- 

 tests. There were suggestions contained in the correspondence which 

 I have read of renewed efforts for an accommodation; but nothing had 

 been determined upon. The only proposition which was up for consid- 

 eration was that which accompanied the note of Sir Julian Pauncefote 

 to Mr. Blaine which I have already mentioned. The question was what 

 should be done with that. The situation before Mr. Blaine was this. 

 Two years, and more than two years, had elapsed since the negotiations 

 were originally entered ni)on which at first promised to be so speedily 

 successful. The failure of those negotiations was a disappointment, a 

 great disappointment, to the Government of the United States. It had 

 felt obliged to proceed with tlie enforcement of measures designed to 

 suppress pelagic sealing, and now another proposition for negotiation 



