268 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



There ag'ain tlie Government of Great Britain is pressing tlie Gov- 

 ernment of the United States to assent to its idea of the constitution 

 of a commission for the purpose of makin.!;' in(juiries as to what pro- 

 tective regfuhxtions shall be necessary to preserve the race of seals in 

 the i>rorth Pacific Ocean, no matter where tliey belong. 



Mr. Wharton's answer to this was written the same day: 



Department of State, Washington, June 11, 1891. 



Sir: I have the lioiior to acknowledge the receipt ot your note of today's date, 

 and in reply I am directed by the President to say that the Government of the United 

 States, recognizing the fact that full and ade(inate measnres for the protection of 

 seal life should euibrace the wliole of Behring ^^l3a and portions of the North Pacific 

 Ocean, will have no h(>.sitancy in agreeing, in connection with Her Majesty's Govern- 

 ment, to the apjioiTitment of a joint commission to ascertain what permanent meas- 

 nres are necessary for the preservation of the seal sjiecies in the waters referred to, 

 such an agreement to he signed simultaneously with the convention for arbitration, 

 and to be without jirejndice to the questions to be submitted to the arbitrators. 



There is the tirst direct and explicit assent of the United States given 

 to the project of the constitution of a joint commission for the purpose 

 of ascertaining what regulations are necessary; and that assent con- 

 tains the ex]^licit statement that the measures were supposed to be 

 necessary not only in Jeering Sea, but in the North Paciftc. 



On the 15tli of January, 1892, which was after the articles of the 

 Treaty had been drawn up and signed — I am now reading from the 

 Keport of the British Commissioners, page 7. It was signed by the 

 parties in December. 



The President. I think not. "Eatihcation advised by Senate 

 March 29th: ratified by the President April 22nd: and ratifications 

 exchanged May 7th." 



Mr, Justice Harlan. Mr. Carter means that the former articles which 

 went into the Treaty, and the articles about the Commission were 

 signed the 18th of December. 



Mr. Carter. The two agreements signed by the diplomatic repre- 

 sentatives of the parties, namely, the agreement for the arbitration, 

 and the agreement for the appointment of tlie joint Commission, were 

 signed December 18th, and you will remember that the C(^mmissioners 

 were actually ai)pointed before the Treaty was finally ratified. Lord 

 Salisbury on the ir)tli of January, 1892, addresses a letter of instruc- 

 tions to the British Commissioners. " I read from about the middle of 

 that letter. It is the second enclosure referred to in the preliminary 

 part of the report : 



You will observe that it is intended that the Report of the Joint Commissioners 

 shall embrace recommendations as to all measures that should be adopted for the 

 preservation of seal life. For this purpose, it will bo necessary to consider what 

 Regulations may seem advisa-blc, wljether within the jurisdictional limits of the 

 United States and Canada, or outside those limits. The Regulations which the Com- 

 missioners may recommend for adoption within the respective jurisdictions of the 

 two countries will, of course, be matter for the consideration of the respective 

 Governments, while the Regulations aft'ecting w^aters outside the territorial limits 

 will have to be considered under clause 6 of the Arbitration Agreeuient in the event 

 of a decision being given by the Arbitrators against the claim of exclusive jurisdic- 

 tion put forward on behalf of the United States. 



The Report is to be presented in the lirst instance to the two Governments for 

 their consideration, and is subsequently to be laid by those Governments before the 

 Ai'bitrators to assist them in determining the more restricted question as to what, 

 if any, Regulations are esscuitial for the protection of the fur-bearing seals outside 

 the territorial jurisdiction of the two countries. 



Senator Morgan. Mr. Carter, have you that clause 6 before you? 



Mr. Carter. Of the Treaty? 



Senator Morgan. No; it does not say the Treaty, as I understand. 

 It is one of those agreements. I wanted to know whether clause 

 mentioned in that letter was identical with clause 7 of the Treaty? 



