The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-07-24

only by special international agreement, !
and no one government has been allowed |
that general control of morals in this re-
spect which Secretary Blaine claims on |
behalf of the United States in regard to
seal hunting. But her inajesty's govern |
ment must question whether this pursuit
can be cregarded Gas contra bonos ntoies
unless and until for special
reasons, it has been agreed by inter
national arrangement to forbid 1T.
Fur seals are indisputably ami
mails fCrC nature, and have universally
been regarded by jurists as res iulltus,
until caught. No person, therefore, can
have a property in them until he has
actually reduced them into possession by
capture. 1t requires something more than
Il mere declaration that the government or
citizens CT the United States or even other
countries interested in the seal trade are
losers by a certain course of proceeding to
render that course immoral. Her maesty's
government would deeply regret that the
pursuit OF fur seals on the high seas by
British vessels should involve even
the lighteSt injury TO the people
of the United States. If case
be proved, they will be ready to
consider what measures can be properly
taken for the remedy of such Injury, but
they would be unable on that ground to de-
part from the principle ON which free com
merce on the high seas depends
Respecting Blaines statement of the ex-
elusive monopoly enjoyed by Russia, the
marquis quotes from John Quincy Adams,
United States minister in Russia, (Which
nation in 1921 prohibited all foreign
vessels from approaching within three
miles of Behriug straits to the 5lst
| degree north lattude) to the effect
that the United States could admit no
part of these claims. He also cites the
case of the United States brig Lariat to
show that the right of fishing thus asserted
included the right to kill fur bearing ami
mails The brig was forced by an armed
Russian naval vessel to leave the waters.
He also argues from speech of Sumner
when introducing the question of the pur-
chase of Alaska to Congress, that it is
equally clear the United States govern
ment did not regard themselves as purchas-
| ing monopoly Having dealt with the
fur beBriDg animals he went on to treat of
the fisheries, and after abiding to the pres
ence of different species of whales in the
vicinity of the Aleutinians, said mo sea
! Is now mare clauSum. All OF these may
be pursued by ship under any flag
except directly on the coast CIR within
its territorial limit" The marquis
also says Blaine must have been
misinformed respecting the uninterrupted
possession of the United States from 1867
TO 1885, and submits extracts from reports
VI OulGeu oldJSS OluCeIS W SHOW
that time British vessels engaged at inter
walls in the fur seal fisheries with the cog
nizance of the United States government
He further states that Whalers have not
heretofore engaged in sealing because of
lack of time, and finds it unnecessary to
deal with the question of the extinction of
seals through pelagic sealing, as it is pro
posed to examine the subject by commit
tee appointed by the two governments. He
admits that if all such sealing were stopped
the seals would multiply at even more
extraordinary rate than at present, but
cannot admit that this is sufficient ground
to justify the United States in forcibly
depriving other nations of any share in this
industry in waters which by the recog-
niZed law of nations are now free to all the
world.
q The next letter in the series is from the
British minister to Blaine, dated May %.
The minister says as the secretary has
confirmed the newspaper statements that
revenue cutters had been ordered to Beh.
ring sea to seize foreign sealers he is in
structed to say formal protest against
such interference with British vessels will
be forwarded without delay
Blaine's response three days later is even
more brief, being simple acknowledge
ment of receipt of the letter Later how
ever, ION the 25th) he wrote Sir Julian
that in turn he is instructed by the Presi-
dent TO protest against the course of the
British government in authorizing, en-
J couraging and protecting vessels which are
not only interfering with American rights
in Behring sea but which are doing violence
as well to the rights of the civilized world
The President, he says, is surprised that
such a protest should be authorized by
Lord Salisbury, especially because the
previous declarations of his lordship would
seem to render it impossible.
d, hnp, c1-a alo H.
2 history of the negotiations under the pre-
vious administration and says: you will
observe that from the 11th of November
D 1887, to the 23rd of April, 1888, Lord Sails
bury had in every form of speech assenteC
TO the necessity of a close season for the
: protection of the seals These assurance:
were given to the American minister anC
to the Russian ambassador, and on more
than one occasion to two of them together
The United States had no reason, there
r fore, to doubt that the whole dispute touch
f ing the seal fisheries was practically set
5 tled.'
4 Continuing, Secretary Blaine says tina
D live days alter that assurance Lord Sails
4 bury said that neither an act of parliamen
: nor an order in council could be drafte,
until Canada is heard from.n Mr. Phelps
d in his dispatch of September II, reporte,
4 that his lordhip stated that the CANADIAN
government objected to any such restric
| tons, and until its consent could be oh
= tanned her maiesty's government was no
e willing to enter into d convention, Say
n the secretary 't1his government canno
1 but feel that Lord Salisbury would hav
It dealt more fraukyif in the beginning h
had 50 informed Minister Phelps. III
British government would assuredly an
: rlghtfully complain if an agreement be
k tween her representative and the repre-
f sentative of the United States should
! without notice. be broken off by the Unite
n States on the ground that that the state @
California was not willing it should com
d be completed" In conclusion, he pro
S poses on behalf of the President, that he
majesty's government agree not TO permi
# vessels to enter l}ehring sea this season i
o order that time may be secured for nego
tiations that should not be disturbed b
f untoward events or unduly influenced b
:, popular agitation.
n June ,, the secretary writes Sir Julia
n that the President believes arbtratio
y cannot be conducted in time for this seaso
= and suggests that Lord Salisbury max
/ for single season the regulation which i
IS 1855 ne offered to make permanent as
e step which would certainly lead to
a friendly agreement.
d To this the minister replies June 3 tha
is further examination of the question ha
IF satisfied his lordship that such an extrem
is measure as that proposed in 1888 goes ia
IL beyond the requirements of the case. Their
S, would be no legal power to enforce the oil
le servance of such an agreementas to BIRTHS
e vessels.
/ Secretary Blaine replying. June 4, says
IS "The extreme measure was proposed I
n the same time by Lord Salisbury himself,
h and concludes: 1.-THE President does M
y conceal his disappointment that even fc
al the sake of securing impartial arbitratio
i her majesty's government is not willing I
Y suspend for Il single season practic
n which Lord Salisbury described in 1857 6
q the Ivnnfon lpcrrnatiOn of uo1lialNia n