262 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



gained to tliein ; and the parties engage to take all measures within 

 their power to gain that assent. 



I say therefore, that not only is it not expressed in the treaty, that 

 the regulations shall be thus coiulitional, but that we cannot imply it; 

 and that the contrary is indeed suggested, if not absolutely required, 

 by the terms of the article itself. 



Senator Morgan. Mr. Carter, if the award of this Tribunal is to be 

 merely tentative and not binding upon the parties that have submitted 

 this case to the decision of these Arbitrators, why arc we sitting here? 

 We are not di])lomatists; we are not advising counsel or the particular 

 friends of either Government. 



Mr. Carter. That is one view, and a very j)roper and important 

 one, having the same tendency as the view that I am now submitting 

 to the Tribunal. 



Senator Morgan. I do not hesitate to say on my part that if this 

 award is to be accepted by the respective governments, or rejected, at 

 their pleasure, and is not to be an award in full force from the time it 

 is recorded and delivered here, I will withdraw from this Tribunal. 



Mr. Carter. I do not understand tliat there is any suggestion from 

 any quarter that the award of this Tribunal is to be accepted or 

 rejected at the pleasure of the parties; but it may be argued that this 

 Tribunal may make the regulations which it suggests conditional for 

 their operation upon the assent of other powers. It is that supposed 

 position I am speaking to. I am sure the ground is not taken that the 

 award of this Tribunal may be accepted or rejected at the pleasure of 

 the parties. The contrary I have reason to know is conceded upon 

 both sides and maintained on both sides. 



The President. Of course, Mr. Carter, when you speak of other 

 powers, you mean other i^owers than Great Britain and the United 

 States? 



Mr. Carter. Yes. There is further evidence derived from the cor- 

 respondence which preceded the Treaty that it is subject to no such 

 interpretation as that. After the Treaty had been reduced substan- 

 tially to the Ibrm in which it now stands, but before it was signed by 

 the i>arties, although its phraseology was understood to be complete, a 

 suggestion came from Lord Salisbury that tlie award of the Tribunal 

 upon the subject of regulations should be made conditional upon the 

 consent of otlier ])owers. That suggestion will be found at page 339 

 of volume 1 of the Appendix to the Case of the United States in a 

 note from Sir Julian Pauncefote to Mr. Blaine. He says: 



Bunisii Legation, Washiufjton, Novemher 23, 1891. 



Sir: I iiifornu'd the Ma-r([nis of Salisbury of onr proposal to sign tlie text of the 

 seven articles to he inserted in the Rehrinjj; Sea Arbitration agreement and of the 

 Joint Coniiiiission article, as settled in the diploinatic corres])on(leiice, in order to 

 record the progitiss made np to the present time in the negotiation. 



Lord Salisbury entirely approves of that proposal, bnt he has instrncted me, before 

 signing, to address a note to yon for the pnrpose of obviating any donbts which 

 might liereaiter arise as to the meaning and effect of article 6, which is as follows: 



(The Arbitrators will remember that the j)resent article 7 stood orig- 

 inally as article G.) 



If the determination of the foregoing questions as to the exclusive jurisdiction of 

 the United States shall leave the subject in such position that the concurrence of 

 Great Rritain is necessary to the establishment of regulations for the proper ]>rotec- 

 tion and the ])reservatiou of the fur-seal iu or habitually resorting to the Behiing 

 Sea, the Arbitrators shall then determine what concurrent regulations outside the 

 jurisdictional limits of the respective governments are necessary, and over what 

 waters such regulations should extend; and, to aid them in that determination, the 

 report of the joint commission to be appointed by the resjiective governments shall 



