Savannah morning news. [volume] (Savannah) 1868-1887, 1886-12-09
ROsEBERY'S DODGING,

and Canada. and OF removing all sources of
irritation between the two countries.
RosEBERY's DoDGING,
Under date of Sept. IL MIR. Phelps
writes to Lord Iddesleigh acknowledging
the receipt of certain communications
relating To Canadian fisheries, and con-
tinuing the presentation of the American
side at the point where the correspondence
with Lord Rosebery lett it, he says:
No answer is attem pied in Lord Rosebery's
reply. He declines to discuss the Questions
involved on the ground that they are now oc-
cupylng the attention of the courts OF law in
the Dnminlnn, sDd may pos IDLY he the sub
Ject of an appeal 10 heJudic!al, C Committee of
her ms jesty's Privy Council in England.
Quoting Lord Iddesleigh's statement
upon this point that sit is clearly right,
according to practice and precedent, that
such diplomatic action should be sus-
pended pending the completion OF judi
eial inquiry" he says:
This is a proposition to which the United
states government is unable to accede. The
seizures complained of are not acts of ind-
vlduals claiming private rights which could
be deals with Oniy by judicial determination.
or which depend on facts which need to be
ascertained by judicial inquiry They are
acts OF the authorities of Canada which pro.
fess to be acting ard in legal effect are acting
under authority of Her Majesty's govern
ment. The report OF the Canadian Minister
OF Marine ana Fisheries says: The ground on
which the seizures complained of a. , prn-
clpally justified is in the aliega-
lion that the vessels in question
were violating the etipulations of the treaty
between the United States and Great Britain.
Ihis is denied by the United States govern
ment, The facts of the transaction are not
In dispute, and If they were could be easily
ascertained by both governments without the
aid of the judicial tribunals of either. The
question to be determined is as to the inter-
probation Of the treaty as understood and to
be administered between the high con tracing
parties. Tho position of her mAjestv's gov
ernment amoonts IT, this: That before the
United States can obtain consideration of this
complaint that the Canadian authorities,
without Jurisdiction, have seized and
are preparing TO conUScate American vessels,
Ihe result of the proceeding in the Canadian
courts, Instituted by the captors as a means
OF jusuiylng the seizures, must be awaited,
ana the decision OF this tribunal on an inter-
national question involved be taken. the in
depreciation OF IL treaty, when it b. comes the
subject of discussion between two govern
ments, Is not to be settled by the juiic al tri-
bunalS OF either. That would be placing it's
construction in the hands of one of the parties
70 1t.
The United States government must, there
fore, insist that irrespective of the
future result of the Canadian legal proceed
lngs, the authority and pr priety of which is
the subject Of dispute, and without awaiting
thelr conclusion, I is to Her Majesty's gov
ernment 1t must look for redress and salts
faction for the transactions in question and
for such Instructions to the colonial authori-
Tics as Will prevent their repetition.
CANADA EMBoLDENED.
Referring to the cases of the other
seizures named Mr.. Phelps proceeds to
say that preparation for the losses sus tain
ed by each OF the owners of the vessels
will be claimed by the United States gov
ernment on their behalf as soon as the
amount can be accurately ascertained.
1t will be observed that interference with
American shipping vessels by the Cana
dian authorities is becoming more aud
more frequent and more and more flagrant
in its disregard of treaty obliga-
tions and OF the principles of comfy and
friendly intercourse. The forbs arance
and moderation of the United States Gov
ernment in respect to them appears to
have been misunderstood, and TO have
been taken advantage of by the provin-
oIal government. The course of the United
States has been dictated not only by an
anxious desire to preserve friendly rela-
tions, but by full confidence that the in
terpositi0n OF her msjesty's gov
put stop to the transactions
complained OF, and to afford reparatiOn
for what has already taken place. The
subject has become one of grave import
ance, and earnestly solicit the immedi-
ate attention of your lordship to the Ques-
tions it involves and to the views pre-
sented in my former note and In those of
the Secretary OF State"
In conclusion Mr.. Phelps suggests, as a
means OF preventing further collisions be-
tween American fishermen aud the Cana
dian officials, that an ad interim con-
struction OF the terms of the existing
treaty be reached by mutual consent, 10
be carried out informally until more
permanent understanding can be reached.