270 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



rinjt' Sea, or that there miglit be a necessity for an extension outside of 

 that Sea, the form of this Article was changed; and on page 310 of the 

 same vohmie will be found the statement of it in its changed form in 

 the Note from Mr. Wharton to Sir Julian Pauncefote (quoting): 



(6) If the determination of the foregoing questions as to the exchisive jurisdiction 

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

 Great Britain is necessary to the establishment of regulations for the proper protec- 

 tion and the preservation of the fur seal in, or habitually resorting to, the Behring 

 Sea, the arbitrators shall then determine, etc., etc. 



The words, "or habitually resorting to," are now introduced indicat- 

 ing that the protection was to be extended to the seals resorting to 

 Bering Sea, wherever such protection might be necessary; and that 

 was the form in which it was adopted. 



Now, in order to show that the Eegulations ought not to be limited 

 to Bering Sea, but that they should be extended to the North Pacific, 

 I point to the lleport of the British Commissioners. They think they 

 should be operative on the Pacific Ocean and not confined to Bering 

 Sea. The suggestion upon pelagic sealing which they themselves pre- 

 sent in their iieport and which is made part of the British Case is that 

 it is necessary that the prohibitions shall apply not only to Bering- 

 Sea, but to the waters of the Pacific itself. 



And, touching that necessity, I may farther allude to a letter 

 addressed by a Mr. 0. Hawkins to the Marquis of Salisbury on the 

 19th of April, 1891 — volume 3, Appendix to the British Case, United 

 States, No. 3 (18912), page 5. Mr. Hawkins says: 



In consequence of the negotiations being carried on between the United States 

 Government and our own to bring about a satisfactory settlement of the Behriug's 

 Sea Seal Fishery question, I beg to offer you the following facts, trusting they may 

 he useful to you as emanating from one with a practical knowledge extending over 

 a period of eighteen years. 



I also inclose herewith a cutting from the "Daily Chronicle" of the above date, 

 which induces me to take this liberty, supposing the statement therein detailed to 

 be correct. 



Since about the year 1885 we have received in this country Large numbers of seal- 

 skins known in the trade as north-west coast skins, the same having been taken in 

 the open sea, and, from appearances that are unmistakable to the initiated, are 

 exclusively the skins of fenuile seals pregnant; these are all shot, and I have been 

 informed that for every skin recovered tive or six are lost through sinking when 

 struck by the shot; this wholesale slaughter of the females will, in a short time, 

 bring about the extermination of the seal in that district if not arrested. 



That letter was referred by Lord Salisbury to the Canadian Govern- 

 ment, and a Peport was made to the Privy Council of that Government, 

 which is found on page 75 of the same part of the British Appendix 

 (reading) : 



Report of a Committee of the HonouraUe the Privy Council, approved by his Excellency 

 the Governor-General in Council on the 27th June, 1891. 



The Committee of the Privy Council have had under consideration certain papers 

 from the Colonial Oftice on the subject of the seal fishery in Behring's Sea. 



The Minister of Marine and Fisheries, to whom the matter was referred, observes 

 that Mr. Hawkins states "since about the year 18S5 we have received in this country 

 (Kugland) large numbers of seal-skins, known in the trade as the north-west coast 

 skins, the same bavin <j: been taken in the open sea, and, from appearances that are 

 nnmistakable to the initiated, are exclusively the skins of female seals pregnant; 

 these are all shot, and I have been informed that for every skin recovered five or six 

 are lost through sinking when struck by the shot. . ." 



Two paragraphs further down the Eeport proceeds (reading again): 



The ^Minister sub.-Bits that the testimony produced by Mr. Hawkins in this connec- 

 tion is quite in accord with the information hitherto obtained, and is most valuable 

 in support of the contention of Canada. It has been previously pointed out that 



