The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-07-24

England, certain canadian vessels In 1856
asserted their right to enter and by a ruth
less course destroy the fisheries, and with
them destroy also the resulting industries,
valuable to this Government. The United
States at once proceeded to check this
movement, which unchecked is sure to do
great and irreparable harm. 1t was the
cause OF unfeigned surprise to the United
States that her Maiesty's Government
should Immediately interfere to defend
and encourage-surelyt to encourage by de-
Tending the course of the Canadians-in
disturbing an industry which has been
carefully developed for more than ninety
years under the flags of Russia and the
United States, and developed in such a
manner as not to interfere with the public
rights or private industries of any people
or any other person.
SLAUGHTER.
$50 great has been tine injury to the fish,
cries from irregular and destructive slaugh-
ter of seals in the open waters of Behring
Sea by Canadian vessels, that whereas the
Government had allowed 100000 to be
taken annually for series of years, it is
now compelled to reduce the number to
$4,000. II four years of this violation OF
national law and neighbor's rights has re-
duced the annual slaughter of the seal by
4O per cent, it is easy TO see how short a
period will be. required to work the total
destruction Of the fisheries. Tho ground
the Canadian vessels rests upon the fact
that they are commit ting their acts of
destruction on the high seas.
ENGLAND's INCONSISTENCY.
1T is doubtful whether her Majesty's
Government would abide by this rule if the
attempt was made to interfere with the
pearl fisheries of CeylOn, Which extend
more than tW enty miles from the shore line
and have been enjoyed by England without
III moleStatiOn ever since their acquisition. So
well recognized is the British ownership OF
those fisheries, regardless of the limit of
the three-mile line, that her Majesty's Gov
ernmAit feels authorized to sell the pearl
fisheries right from year to year to the high
est bidder. Nor is it credible that the modes
of fishing on the Grand Banks, although
practicable, but highly destructive, would
be justified or even permitted by Great
Britain on the plea of vicious acts COM
mitted more than three miles from Shore"
AN APPROACH To PIRACY.
He mentions dynamite as one of these
destructive methods. and adds: "D0es
her Majesty's Government seriously main
tain that the law OF nations is powerless to
prevent such a violation of the common
rights Of manP Are the supporters of
justice in all nations to be declared iucom-
petent to prevent wrongs so odious and
so destructive? In the judgment of this
Government the law of the sea is not law
lessness: One step beyond that which her
contention and piracy finds its jurisdiction.
This Government has been ready to con-
cede much in order to adjust all the differ
ences in view, and has, in the judgment of
the President, already proposed solution
not only equitable but generous. The
President now awaits with deep interest,
not unmiXed with SOlicitude, any PROPOSE
ton for reasonable adjustment which
her Majesty's Government may submit.
The forcible resistance to which this Gov
t. ,,a1 aI,, 81.
in the Presidents judgment, demanded
not only by the necessity Of defending the
traditional and long-established rights of
the United States, but also the rights of
good government and good morals the
world over.
THE GOVERNMENTS POSITION DEFINED.
In this connection the Government of
the United States had no occasion and no
desire to Withdraw or modify any positions
which it has at any time maintained against
the claims of the Imperial Government of
Russia. The United States will not with
hold from any nation the privileges which
it demanded for itself when Alaska wds
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."
CoNCILIAToRY oVERTUREs.
April 31th Pauneefote wrote to Blaine. in
answer TO his invitation for a counter-pr3-
posal for settlement, that as the sole OBJ
lect OF the negotiations was the preserva-
ton of the fur-seal species, regardless of
advantage to any particular nation or pri-
vate interest, it would be strange if there
should be a failure to devise means of SOlv-
ing the difficulties which had risen. In view
OF the divergent views held, no solution
would satisfy public opinion in Canada or
ItVtf wit ffall inc Ira
mixed commission of experts. Meanwhile
he was prepared to recommend to his Gov
ernment certain provisional and precau-
tIonary measures to remove the apprehen-
sion OF the depletion Of the fur-Seal species
pending the report of the commission. He
then cites authorities to show the vast num-
Der of seals on the increase.
THE AGREEMENT SUBMITTED.
The Minister says: But in order to
quiet all apprehension on that score would
propose the following provisional regula-
tions: That pelagic sealing should be pro-
hibited in Behring Sea, the sea OF Okhotsk
and adjoining waters during the months of
May, June, October, November and Decem-
ber, which may be termed the migration
periods of the fur seal.
"SecOnd-That all sealing vessels be pro-
hibited from approaching the breeding
islands within n radius of ten miles" The
Minister then embodies the draft OF an
agreement for mixed commission to cover
these and other points and report.
sALIsBURY's ARGUMENT.
The Marquis of Salisbury, under date of
May 22d, in letter to the British Minister,
after saying that the negotiations between
Blaine and the Minister afford strong
reason for the hope that the question is in ii
fair way toward satisfactory adjustment,
undertakes to reply to Blaine's arguments.
Relative to the statement that the seizures
were justified by the fact that they engaged
,,, u,,ito Mr.
quis says: 1T is obvious that two ques-
tons are involved: First, whether the
pursuit and killing of fur seals i'll certain
parts of the open sea is, from the point of
view of international morality, an offense
contra bonos mores. Secondly, whether if
such be the case, this fact justifies the
seizure on the high seas and subsequent
confiscation in time of peace of private
vessels of a friendly nation"
INTERNATIONAL MARITIME LAW.
He says further: "It is an axiom of
international maritime law that such
action is only admissible in case of piracy,
or in pursuance of special International
agreement. This principle has been uni
| versally admitted by jurists, aud was very
distinctly laid down by President Tyler In
a special message to Congress, dated the
| 9th of February, 1915, when after acknowl-
edging the right to dctain and search q
vessel on suspicion of piracy, goes on to say,
with this single exception, no nation has,
in time of peace. any authority to detain
the ships OF another upon the high seas on
any pretext whatever outside OF territorial
| jurisdiction Now the pursuit of seals in
| the open sea, under whatever circum-
| stances, never has been considered piracy
by civilized Stale. Nor, even if the
United States had gone so far as to make
the killing of fur seals piracy by their mu-
nicipal law, would this have justified them
in Furnishing offeuses against such law
committed by any persons other than their
own citizens outside the territorial jurisdic-
| ton of the United States.
THE SLAVE TRADE.
"ln the case of the slave trade, practice
which the civilized world agreed to look
upon with adherence, the right of arrest
| ing the vessels of another country was ex-
ercised only by special international agree
ment, and no one Government has been
allowed that general control of morals in
this respect which Blaine claims on behalf
of the United States in regard to seal hunt
ing, but have universally been re,
garded by jurists as res nulleus until
caught. No persons, therefore, can have
property in them until he actually has re-