74 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



went over to the sealing islands of Russia on tlie Asiatic sliore, and 

 they examined the business of pelagic sealing, its nature, its tendencies, 

 etc. The two sets of Comuiissioners came together; they attempted to 

 agree; but they found themselves unable to agree, except upon one or 

 two limited conclusions. They were agreed in this, that the numbers 

 of the herd of seals which made its homo upon the Pribilof Islands 

 were in the course of diminution ; that such diminution was cumulative, 

 that is, it was increasing, and that it was in consequence of the hand 

 of man. There they stopped, and were unable to go any further. 

 What the causes were which prevented them from being able to go any 

 further in harmony are to my mind very plain, but this is not the 

 moment at which 1 should state that. It is enough for the present pur- 

 pose to say that upon all other matters they disagreed, aud therefore 

 the hopes of tlie two Governments of being able to unite in a conven- 

 tion in respect to regulations based upon an agreeing joint report of 

 these commissioners, were disappointed, and it became necessary that 

 the Arbitrators should be called together. This disappointment of hopes 

 occurred a considerable period before the time when any step was 

 requisite in reference to the arbitration by either party. But this fail- 

 ure having occurred the arbitratois were appointed. The parties pro- 

 ceeded to frame their Cases and their Counter Cases and to exchange 

 them, and to prepare their arguments for submission to the Tribunal; 

 and here we are. 



That, gentlemen, is, as well as I can state it, a concise account, although 

 it has been a rather long one, of the various stages of this controversy, 

 and I hope it will have tended in some degree to enable you to view 

 the controversy in the lights in which, from time to time, the parties 

 themselves have viewed it; and, therefore, to understand the precise 

 questions which arise, the precise ditliculties which are presented, better 

 than you otherwise would. 



I shall, therefore, proceed with the next step in the argument of the 

 Case. 



Senator Morgan. Mr. Carter, before you proceed, will you allow me 

 to call your attention to some dates about which, possibly, there is some 

 misunderstanding. I understand that these commissioners were in fact 

 appointed before any convention was signed. 



Mr. Carter. Yes. 



Senator Morgan. They entered upon their work and completed it 

 so far as the investigation was concerned, before any convention was 

 signed ; and wdien they made their report a convention had been signed, 

 but it had not been ratified by either Government, and ratifications had 

 not been exchanged. 



Mr. Carter. I am not able now to say what the fact was in that 

 l)articular as to dates. 



Senator Morgan. I desire to present that, because it is in my judg- 

 ment an important fact. I know it is a fact because the record shows it. 



Mr. Foster. They adjourned on the 4th of March, and the conven- 

 tion was ratitied by the Senate on the 2!)th of March. 



Senator Morgan. The Commissioners completed their labors making 

 their joint report and a separate re[tort t(^ each Government before the 

 Senate of the United States acted upon that convention, and before 

 ratifications were exchanged. 



Mr. Carter. I believe that to be so, but I have not the dates. 



