182 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



meuts, and as to all qualities wliicli serve to recommend the opinions of 

 men. They were to be a commission of experts. 



My learned friend, Sir Charles, made the observation while he was 

 spealiiiig upon the motion referred to that it did not appear to him 

 that there was any particular sanctify connected with the reports of 

 these Joint Commissioners. I beg leave to difter with him upon that 

 point. There was a great deal of sanctity — using that word in the 

 sense of imjjortance — attached to them. It was snpposed that these 

 Joint Commissioners would furnish these two Governments with the 

 absolute truth upon the questions which they were appointed to exam- 

 ine and that they would so furnish them with the truth that there 

 would be no dilliculty in reaching an adjustment of the controversy by 

 the establishment of regulations designed to preserve the seals. 



That M^as the view upon which these Joint Commissioners were 

 ai^pointed; and we have their reports here. These gentlemen were 

 all of them men of the highest character. They were all of high 

 attainments and perfectly competent to make a thorough investigation 

 of the questions submitted to them and to ascertain the truth and 

 make that truth apparent in their reports. The Commissioners on the 

 part of the United States adopted that view of their functions. They 

 conceived that they had nothing to do with differences between the 

 two Governments; that the question whether the United States had a 

 superior claim or riglit to that of citizens of other nations to tlie seals 

 was something with v^hich they had no concern; that the question 

 whether the citizens of other nations had the right to pursue the seals 

 on the high seas was a question with which tliey had no concern; that 

 the only point which they were to investigate was what methods must 

 be pursued in order that the race of fur seals might be preserved from 

 extinction. In other words, they looked ui)on the question, not from 

 the point of view that here are different nations botli of them capable 

 of reaching the seals, the United States capable of reaching them on 

 laud, and other nations capable of reaching them on the sea, and that 

 there was no common authority to control those rights — not from that 

 point of view; they looked upon it as if the whole world were one 

 country, and as if all mankind had the same interest in the question 

 and the only thing to be ascertained was what measures were neces- 

 sary in order to preserve the seals, leaving the question as to whether 

 those measures might be agreeable to the views of different countries 

 to be settled by diplomatic agencies which had power over such 

 questions. 



This is what the Commissioners of the United States say as to what 

 they conceive to be their functions, (page 315 Case of the United 

 States) : 



Desiring to remove every obstacle in the way of the immediate consideration of 

 this subject, the question' of the formality of* the Conference was waived on our 

 side and the formal meetings of the Commissioners in Joint Conference began on the 

 afternoon of Feliruary 11, at the Department of State. 



Mr. Josei)h Stanley-Brown was selected as the secretary of the Joint Commission 

 on the part of the United States, and Mr. Ashley Froude on the part of Great Britain. 

 In determining the nature of the Conference it was agreed that in order to allow of 

 the freest possible discussion and presentation of views, no formal record of the pro- 

 ceedings should be kept and that none but the four members of the Commission 

 should be present during its deliberations. In further attempt to remove all restric- 

 tions upon the fullest expression of opinions during the Conference, it was agreed 

 that in our several reports no reference to persons, as related to views or opinions 

 expressed bv members of the Commission during the Conference, should be made. 



Meetings "of the Joint Commission were held almost daily from the 11th of Feb- 

 ruary until the 4th of March, on wliich day tlio joint report was signed and the 

 Conference adjourned sine die. 



