Omaha daily bee., 1890-07-24

Continuing, Secretary Blaine says that FIVE
days after that assurance Lord Salisbury
said that neither an act OF parliament nor an
order in council could be drafted ''until
Canada Is heard from.n
MIR. Phelps In his dispatch Of September
12 reported that "his lOrdship stated that the
Canadian government objected TO any such
restrictions and until It's consent could be OBJ
tanned her majesty's government was not
willing TO enter into the convention
Says the secretary: This government can
not but feel that Lord Salisbury would have
acted more fran kly If in the beginning he had
so informed Minister Phelps.
The British government would assuredly
and rightfuly complain II the agreement
between her representative and the represen-
tative Of the United States should without
notice be broken off by the United States on
the ground that the state Of California was
not willing II should be completed.
In conclusion he proposes in behalf OF the
president that her majesty's government
agree not TO permit vessels to enter Behr1ng
sea this season in order that time may be Sc
cured for negotiations that shall not be dis
turbed by uutoward events or unduly IN
fluenced by popular agitation.
June2 the secretary writes Sir Julian that
the president believes that arbitration cannot
be concluded in time for this season and sug-
gests that Lord Salisbury make for a single
season the regulation which in 1888 he Of
fcred to make permanent as step which
would certainly lead to a friendly agreement.
further examination of the question has salts
fled his lordship that such an extreme meas
ure as that proposed in 1883 goes far beyond
the requirements of the case. There would
be no legal power TO enforce the observance
of such an agreement on British vessels.
Secretary Blaine, replying June 4, says:
The ''extreme measuren proposed came from
Lord Salisbury himself and concludes: ''The
president does not conceal his disappointment
that even for the sake of securing
an itupirfnl arbitration her fnuipstViS
government is not willing to suspend for
"A single season the practice which Lord Sails
bury described in 1858 as ''Thc wanton de-
structiOn of valuable industry, and which
this government has uniformly regarded as
an unprovokcd invasion of its established
rights
June Sir Julian Pauncefote presents a
copy of telegram from Lord Salisbury in
which he regrets the president should think
him wanting in cOnciliation, but that 1t is be-
yond the power of his government to exclude
British or Canadian ships from any portion
of the high seas even for an hour without a
Legislative enactment.
In his reply of the llth Secretary Blaine
says this government would be satisfied if
Lord Salisbury would by proclamation,
simply request British vessels to abstain
from entering the Behring sea for the present
season in order to give full time for the im-
partial negotiation
Sir Julian on the 11th writes Mr.. Blaine he
has informed Lord Sails bury that Secretary
Blaine could not give assurance that British
sealing vessels would not be interfered with
during the negotiations aud expresses a hope
that the decision is not final and that while
there is time the commanders of United
States revenue cruisers will be instructed to
abstain.
On June "A. however, the minister with re-
grct, falling to receive favOrab BILE reply, pre-
sents formal protest of the British govern
! ment. In the protest he says in part, the
British government cannot admit the right of
the United States of their own sole motion to
restrict the freedom of navigation of Behring
sea nor to enforce legislation against British
vessels i'll the high seas. Her Britannia
-najeSty's governments Is therefore unable to
)ass over without notice the public announce
nent OF the intention on the part of the
! United States to renew acts of interference
With British vessels navigating outside the
erritorial waters OF the United Safes,
tpf which they had previously to
complain. The minister is, in con-
sequence, instructed to formally protest
against such an interference and declare that
her Britannia majesty's government must
hold the government OF the United States re-
sponsiblc for any consequences that may en-
sue from acts which are contrary - the prin-
cipleS Of International law.
The minister, next, on June 81, replies to
Secretary Blaines proposition looking to the
proclamation by her majesty's government
that British vessels shall rot enter Behring
sea during the coming season. The min ister
quest and presents the constitutional diff
culties which would preclude her majesty s
government from acceding to it except as part
of the general scheme for settlement of the
controversy and ON certain conditions, which
are:
That the governments agree forthwith to
refer TO arbitration thequestion of the legality
of the action Of the United States in seizing
or otherwise interfering with British vessels
engaged in the Behring sea outside territorial
waters lulsinp 1874 1871 and 1854.
That pending the award all interference
with British sailing vessels shall absolutely
cease;
That the United States if the award should
be adverse TO them, will compensate British
subjects for the losses which they may sus-
tain by reason of their compliance with the
British proclamation.
In the first communication dated July /,
Lord Sails bury referring to Blaines criticism
on the abrupt close of the London negotia-
tions quotes from statement made to him by
United States Minister Phelps as follows
"Under the peculiarpolitlcal circumstances
OF America at this moment" said Phelps,
with general election pending, it would be
be of little use and indeed hardly practicable
to conduct any negotiation to an issue before
the election had taken place"
On the last of June Secretary Blaine ad-
dressed to the British minister q very long
letter in answer to Lord Salisbury's COM
munication in which the latter stated that
Secretary John Quincy Adams protested
against Russla's claim to exclusive jurisdic-
tion over Behring sea. Secretary Blaine
says:
"The quotation which Lord Salisbury
makes is unfortunately Il most detective,
erroneous and misleading one. The concu-
sion is separated fronlthe premise, comma
is turned into a period, an important qualifi-
cation US To time is entirely erased, without
even suggestion that it had ever formed
part OF the text and out of eighty -four words,
logically and iusepanbly connected, thirty
five are dropped from Mr.. Adams paragraph
In Lord Salisburys quotation.
The secretary says further; "Nelther by
the treaty with Russia of 1925, nor by its re-
newal OF lSi3 nor by its second renewal in
1859 did Great Britain gain any right to take
seals in the Behrng straits. In fact those
treaties Were prohibition upon her which
she steadily respected so long as Alaska was
Russian province. 1t is for Great Britain
now to show by what law she gained
a right to do in 1866 that which
they had refrained from doing for nearly
ninety years Upon what grounds did her
maiesty's government defend in 1885 course
of conduct in Behring sea which had been
carefully avoided ever since the discovery OF
that seat By what reasoning did her
maiesty's government conclude that an act
may be committed with impunity against the
rights Of the United States which had never
been attempted against the same rights when
held by the Russian omDiIch