290 APPENDIX TO COUNTER-CASE OF GREAT BRITAIN. 



seas, the further consideration of this claim must of necessity be post- 

 poned." (British Case, p. 140.) And in reference to the subject of con- 

 current Eegulations, it is said: "The further consideration of the sub- 

 ject of any proposed Eegulations, and of the evidence proper to be 

 considered by the Tribunal in connection therewith, must of necessity 

 be for the present postponed." (British Case, p. 157.) 



It "would seem from the foregoing extracts tliat it is the view of the 

 Agent of the British Government that he still has an opportunity of 

 laying before -the Tribunal any matter which he may choose to intro- 

 duce by way of proofs or evidence bearing upon the question of 

 2 property, or interest in the nature of property, in the Alaskan 



fur-seals, or upon the question of concurrent Eegulations for the 

 protection and preservation of the same; and, inasmuch as the Treaty 

 provides for the submission of evidence only through the Cases and 

 Counter-Cases therein mentioned, such view of the British Agent must 

 be that he may incorporate such proof and evidence in the Counter- 

 Case to be prepared by him, leaving the United States without any 

 means of contradicting, limiting, or qualifying them, however open 

 they may be to contradiction, limitation, or qualification. 



It must be evident to the Government of Her Britannic Majesty that 

 by the provisions of the Treaty the question whether the United States 

 have any property interest in the seals referred to, and the question 

 "what concurrent Eegulations in the specified contingency may be neces- 

 sary, are directly submitted to the Tribunal; that the Treaty assumes 

 that each party will or may have allegations to make and evidence to 

 produce upon both questions; that the plain contemplation of the 

 Treaty is that each party shall state in his Case what his propositions 

 of law are, and the evidence which will be relied upon in support of 

 them, to the end that the other i^arty may have a fair opportunity of 

 showing in his Counter-Case that such evidence is untrue, or erroneous, 

 or partial, or subject to qualification or explanation, for which purpose 

 alone the provision for a Counter-Case was framed. 



The British Agent and Counsel must well know that the decision of 

 the two questions above referred to must depend upon the evidence 

 produced concerning the nature and habits of the fur-seal, and the 

 methods of capture and killing which are consistent with the preserva- 

 tion of the species; and that it is mainly upon these points that colli- 

 sion and contradiction upon matters of fact and differences in respect 

 to matters of opinion are exhibited by the statements of persons likely 

 to be made witnesses ; that such witnesses are, in many instances, under 

 the influence of prejudice and bias, and in some open to the suspicion 

 of insincerity and untruthfulness; and that the only way by which 

 either party may protect itself against the consequences of falsehood 

 or error is by having an opportunity to detect and expose it. 



The President cannot conceal his astonishment that it should be 

 assumed that the British Government is at liberty to introduce a whole 

 body of testimony of this character for the first time in its Counter- 

 Case, and thus shut out the United States from an opportunity of 

 detecting and exposing any errors which may be contained in it. The 

 Government of the United States cannot fail to be aware, from the 

 correspondence that has hitherto taken place on this subject between 

 the two Governments, as well as from full information derived from the 

 Eepresentatives and Agents of her Majesty's Government and the 

 Canadian Government in the course of the proceedings and discussions 

 that have already occurred, not only that it is claimed on the part of 

 those Governments that material evidence exists to contradict the facts 



