Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-07-24
prevent such violations Of the common rights

| zone step beyond that which her majesty
| government has taken in this contention" he
says, land piracy finds its Justification" Z"
| He said that the President of the United States
\ had proposed a solution of the trouble. which
was not only equitable but generous. but that
| her majesty's government had thus far re-
! fused to accept the proposals of the United
| States. THE President now awaits" he says
| with deep Interest, not unmixed with solicit
! tude, any proposition for reasonable adjust
ment. which her majesty's government may
| submit"
- '.In this contention" he continued.
| ''the government of the United States has no
| occasion and no desire to withdraw or modify
! the positions which 1t has at any time main
| tanned against the claims of the imperial gov
| eminent of Russia. The United States will not
withhold from any nation the privileges which
| 1t demanded for itself when Alaska was part OF
| the Russian empire.
| Nor is the government of the United States
! disposed to exercise in those possessions any
! less power or authority than it was willing to
| concede to the imperial government Of Russia
when its sovereignty extended over them. The
President is persuaded that all friendly nations
| will concede to the United States the same
| rights and privileges on the lands and in the
/ waters of Alaska which the same friendly ma
tons always conceded to the empire OF Russia. +"
PROPOSED REGULATION.
The correspondence then turned upon the
diminishing, Mr.. Blaine contending for the af-
frmative and Sir Julian arguing in the mega
tive, and both sides presenting evidence to
support their positions. Finally, to quiet all
apprehension of determination, the British
minister proposed the following regulations:
first. mat pelaglc scaling should be pro-
hlbIted IN the Behring sea, the sea OF Ochotsk
and the adjoining waters during the months of
May and June and during the months Of Octo-
Der, November and December-which may be
termed the migration periods OF the fur seal
Second. That all sealing vessels should be
prohibited from approaching the breeding
Islands within radius of 10 miles.
THE BRITISH SIDE OF IT.
The Marquis of Salisbury under date of May
% last. in letter to the British minister, un-
dertakes to reply to Mr.. Blaine's arguments.
! Relative to the statement that the seizures
were justified by the fact that they were en-
gagged In pursuit that is in itself contra bonos
mores-a pursuit which of necessity involves a
serious and permanent injury to the rights of
the government and people of the United
States-the marquis says it is obvious that
two questions are involved; first whether the
pursuit and killing of fur seals in certain parts
OF the open sea is, from the point of Wow of
international morality, an offense contra bonos
mores, and, secondly, whether If such be the
case, this fact justities the seizure on the high
seas and subsequent contiscation in time of
peace of the private vessels of friendly ma
ton. He says further:
1t is an axiom of international maritime law
that such action is only admissible in the case
OF piracy or Ill the pursuance of special inter-
national agreement. This principal has been
universally admitted by jurists and was very
distinctly laid down by President Tyler. in his
special message to Congress, dated 27th of Feb
ruary, 1913, when after acknowledging the
right to detaln and search a vessel on suspicion
OF piracy. he goes on to say: With this single
exception no nation has. III time of peace any
authority to detain the ships of another upon
the high seas. on any pretext whatever, outside
the territorial jurisdiction.
Now the pursuit of seals in the open sea-
under whatever circumstances. has never
hitherto been considered as piracy by any civil
lzed state. Nor, even if the United States had
gone so far as to make the killing of fur seals
piracy by their municipal law. would this have
JustIhed them IN Furnishing offenses against
such law committed By persons other than
their own citizens outside the territorial iuris-
diction of the United States
lie contends that the pursuit of the seal in
the high seas cannot IN itself be regarded as
contros bonOs mores. unless and until for
special reasons, 1t has been agreed by in
ternatlonal arrangement to forbid it,
1t requires. he says, something more than a
mere declaration that the government or cit
liens OF the United States, or even other coun-
tries interested in the seal trade. are losers by
a certain course OF proceeding, to render that
course (of the Canadian sealers) an immoral
one
lie says that her majestys government cannot
depart from the principles on which free COM
merce on the high seas depends
Says the marquis in conclusion:
The negotiations now being carried on at
Washington prove the readiness of her majes-
tvs government to consider whether any spe-
cial international agreement is necessary for
the protection of the fur-seal industry In its
absence they are unable to admit that the case
put forward on behalf of the United States
affords any sufficient Justification for the for
chile action already taken by them against
peaceful subjects of her majesty engaged In
lawful operations OF the high seas"
PROTESTS FROM BOTH SIDES.
The next letter in the series is from the
British minister to Mr.. Blaine under date of
May 70 and III 1t the minister says that as the
Secretary has confirmed the newspaper state
ments that revenue cutters have been ordered
TO Behrlng sea to seize foreign sealers he il
instructed to say that formal protest against
such interference with British vessels will be
forwarded without delay.
Secretary Blaine's response three DAYS later
is even more brief. being "A simple acknowl-
edgment OF the receipt of the letter. Later
however ION the 29th), he wrote Sir Julian that
III turn be Is instructed by the President to
protest against the course by the British gov
eminent IN authorizing, encouraging and pro-
tectlng vessels which are not only Interfering
with American rights III the Behring sea but
which are doing violence as well to the rights
OF the civilized world. The President, he saws
Is surprised that such protest should be au-
thorlZed by Lord Salisbury. especially because
the previous declarations OF his lordship would
seem to render it impossible
REVIEW OF The SITUATION
The Secretary then rapidly sketches the his
tory OF the negotiations under the previous ad-
mlnistration, beginning November IL, 1887,
when Lord Salisbury in an official interview
with United States Minister Phelps agreed that
regulations should be adopted for the preser-
vatIon OF the seals and invited him to procure
from his government such a system of regula-
hons. his was done and Lord Salisbury
promised to cause an act of parliament to be
introduced TO give the regulations effect and to
JON the United States III preventive measures
by orders to naval vessels. The Russian gov
ernmcnt desired to have this arrangement ex-
tended to their waters on the OKhotsh sea- and
Lord Salisbury suggested that, besides the
whole of Behring sea, those portions of the Sea
of Ok otsh and of the Paci1ic ocean north of
north latitude Az should be included. Saws
the Secretary:
You will observe. then that from the 18th of
November. 1887, to the 23d OF April, 1883. Lord
Salisbury had in every form OF speech assented
to the necessity OF close season for the Drotec-
ton OF the seals These assurances
were gwen TO the American minister to the
American charge. to the Russian ambassador
and on more than one occasion to two of them
together. The United States had no reason
therefore. to doubt that the whole dispute
touching the seal fisheries was practically set
tied"
WAITING FOR CANADA.
Continuing, Secretary Blaine says that five