Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-07-24
THEY CAN'T AGREE.
Circular Diplomacy on the Seal.
ing Controversy.
BLAINE AND SALISBURY DIFFER

BLAINE AND SALISBURY DIFFER.
A Years Correspondence Finds Them mt
the End Back Where They Began-The
Secretary HauIs the Premier Over the
Goals and Wants to Know What
He Is Going to DO, Which Seems Dill
cult to Find Out--A Garbied Quotation
from John Quincy Adams
WASHINGTON CITY, July A.-The cor
respondence between the American and
British governments relative to the vexed
Behring sea question was laid before con-
gress yesterday. and includes the period
from Aug. 81, 1889, to July TO- 1890 The
beginning of the correspondence is com
plant from Lord Salisbury that United
States cruisers have stopped, searched,
and seized British vessels on ''the high
seas" outside the three-mile limit in Beh-
ring sea, and an announcement that Sir
Julian Paunceforte would be prepared on
his return to Washington City to discuss
the whole subject Both governments ex-
pressed the hope and belief that the diff
Guilty could be promptly and easily set
tied
Instructions to Revenue Cutters.
Sept. II, 1889, the British charge DAT
fairs, Mr. Edwsrdes, wrote to Secretary
Blaine urging that stringent instructions
be sent United States cruisers in Ben
rings sea to refrain from seizlng British
vessels in the sen outside the three mile
limit. Secretary Blaine promptly re-
piled that he hoped the matter would rest
until the whole subject was taken up by
Sir Julian Pauncefote and himself, and
that any instructions sent to our vessels
at the date of the request would have
been too late, as they had already sailed
for the sea Oct .. another note was re-
ceived from the British government stat
ing that the British representative would
have full instructions regarding the mat
ter.
The Briton FILES a Protest.
In another note of the same date from
| Salisbury to Mr.. Edwardes. and commune
| Gated TO Secretary Blaine. the marquis OF
| Salisbury, referring to the seizure of the
| Black Diamond and the Triumph, main
| tains that from affidavits and reports fur
| nished by the governor general OF Canada,
| these vessels were seized at distance
/ from land far in excess of the limit o.
maritime jurisdiction which any nation
| could claim by international law In the
summer of 1897 Secretary Bayard had
communicated unofficially an assurance
that no further seizures of this charac tel
should take place pending the discussion
| of the questions involved In view
OF the unexpected renewal of the seizures
| of which her majesty's government ha.
| previously complained, it is my duty tC
| protest against them, and to state that, il
1 the opinion of her maiesty's government
they are wholly unjustifed by interna
| tional law
Blafne's Reply to the Protest
The next letter in the correspondence
and the first one from Mr.. Blaine to ST
Julian Pauncefote on the subject, Is date
January - 1899. In this letter the secre
tary defends the acts complained of b!
the British government on the following
grounds: That the Canadian vessel
| arrested and detained in the Behring's sci
| were engaged in apursuit in itself contr'
bonos, mores-a pursuit which of neces
| sity involves q serious and permanent in
| jury to the rights of the government ano
people of the United States. That TIT
| fisheries had been in the undisturbec
possession and under the exclusive contro
! of Russia, from their discovery until tn
cession of Alaska to the United States il
1887 and that from this date onward
| until 1855 they had also remained in the un
disturbed possession of the United State
government. He claims from friendl!
4 - - H. -
| conceded to Russia
| The Law of the High Seas
Salisbury replied to the above i'll a iette
dated May %, 1890, and questions whethe
the taking OF seals as complained of
contra bonos mores, and, even IL SC
| whether il justifies the seizures made b
the United States He says: at is Al
axiom of international maritime law tina
such action is only admissible in the cas-
of piracy or in pursuance of special inter
national agreement. This principle ha
been universally admitted by jurists, an,
was very distinctly laid down by Presiden
| Tyler in his special message TO congress
dated Feb. %, 1913, when, after acknowl
ing the right TO detsin and search a YES
sci on suspicion of piracy, he goes on I
say: With this single exception, no ma
| ton has, in time of peace, the authoTit
| 10 dstain the ships of another upon tn
high seas, on any pretext whatever. out
side the territorial jurisdiction AM
he adds that, even in the case of the slay
| trade the right of seizure of vessels on th'
| high seas was only exercised by the con
| sent of the nations involved.
| Jurisdiction in BehrIng Sea.
| Replying to the alleged exclusive me
| nopoly of Russia in the seal fisheries, ad
/ vanced as Blaine's second argument
| Salisbury says: After Russia, at the in
stance of the Russian American Fur com
pany, claimed in 1s21 the pursuits of com
| merce, whaling and fishing from Behrin
straits to the 5lst degree of north lat
| itude, and not only prohibited all for
eign vessels from landing on the coasts
| and islands of the above waters. but ais
| prevented them from approaching within
100 miles thereof, Mr.. Quincy Adam
| wrote as follows to the United States min
istsr in Russia: The United States cal
| admit no part of these claims. Thei
| right of navigation and fishing is perfect
| and has been in constant exercise from tn
earliest times throughout the whole ez
| tent of the Southern ocean, subject onl
to the ordinary exceptions and exclusion
| of the territorial jurisdiction The maj
| quis then quotes a case to prove that tn
| right of fishing included the right of sea-
| ing
Not a "Mare Clausum."
From the speech of Mr.. Sumner. wheI
| introducing the question of the purchas
of Alaska to congress, it is equally clea
| that the United States goyernme mt di
not regard themselves as purchasing
| monopoly. Having dealt with fur-bea
ing animals, he went on to treat of fisher
les, and, after abiding to the presence O
different species of whales in the vicinit
| of the Aleutians said: No sea is mar
clausum; all of these may be pursued by
ship under any flag, except directly on til
coast or within its territorial limit" IA
plying to Secretary Blaine's Statement
| that from 1867 to 1886 the possession c