Los Angeles herald., 1890-07-24

hension on that score | would propose
the following provisional regulations
l.. That pelagic sealing should be pro-
hibited in Bering sea, the sea of Ochotsk
and the adjoining waters during the
months OF May, June, October, Novem-
Der and December, which may be termed
the migration periods of the fur seal.
2. That all sealing vessels be prohibited
| from approaching the breeding islands
within radius of ten miles"
The minister then embodies a draft Of
an agreement for "a mixed commission to
cover these and other points and report.
sALIsBURY's THEORY.
He Undertakes to Refute Mr.. Blaine's
Argument.
The Marquis of Salisbury, under date
of May 22d, in letter to the British
minister, after saying that the negotia-
tions between Blaine and the minister
afford strong reason to hope that the
question is in fair way towards salts
factory adjustment, undertakes to reply
to Blaine's argument. Relative to the
statement that seizures are justified by
the fact they are engaged in a pursuit
contra bonos mores, 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 view
of international morality, an offence
contra bonos mOres;; secondly, whether, if
such be the case, this fact
justifies the seizure on the high
seas, and the subsequent confiscation,
in time of peace, of private vessels-of a
friendly nation"
He says further: "It is an axiom OF
international maritime law that such
action is only admissible. in case of a
piracy, or in pursuance of Especial inter
national agreement. This principle has
been universally admitted by jurists,
and was very distinctly laid down by
congress, dated the 9th of February
1s4S, when. after acknowledging the
right to detain and search a vessel on
suspicion of piracy, he goes on to says
with this single exception no nation
has, in time of peace, any authority to
detain the ships of another upon the
high seas upon of any pretence what
ever outside of its territorial jursdic-
tion.'
Now the pursuit of seals in the open
sea, under whatever circumstances, has
never hitherto been considered piracy
by civilized state. Nor even if the
United States had gone so far az to make
the killing of fur seals piracy by their
municipal laws, would this have iusti-
fed them in Furnishing offences against
such law committed by any persons
other than their own citizens outside of
the territorial jurisdiction of the United
| States. In the case of the slave trade,
practice which the civilized world
agreed to look upon with adherence,
the right of arresting vessels of another
country, was exercised only by spe-
cial international agreement, and no one
government has been allowed that gen.
eral control of morals in this respect
which Mr.. Blaine claims on behalf of
the United States, in regard to seal
hunting. But her majesty's government
must question whether this pursuit can
of itself be regarded as contra bonos
mores, unless, and until, for special
reasons, it has been agreed by interna-
tional arrangements to forbid it.
eur seals are indisputably animals
ferae natorae and have univer-
sally been regarded by jurists
jurists as res nullius until caught. No
persons, therefore, can have property in
them until he has actually reduced
them into possession by capture 1t re-
quires something more than mere
declaration that the government or citi-
zens of the United States, or any other
countries interested in the seal trade,
are losers by certain course of proceed
ing, to render that course an immoral
one.
"Her majesty's government would
deeply regret that the pursuit of fur
seals on the high seas by British vessels
should involve even the slightest injury
to the people of the United States. Ii
the 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 depart from the principle on
which free commerce on the high seas
depends"
Respecting Blaine's statement of the
exclusive monopoly enjoyed by Russia,
the marquis quotes from John Quincy
Adamss letter to the United States min
lister in Russia (Which nation in 1921
prohibited all foreign vessels from APP
preaching within 100 miles from the
coast of the Bering sea, from the straits
to the 57th degree of north latitude), 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 Of kill
ing fur-bearing animals. The brig was
forced by an armed Russian naval vessel
to leave the waters.
He also argues from speech of Sum-
ner when introducing the question of
the purchase of Alaska to congress, that
it is equally clear that the United States
government did not regard themselves
as purchasing monopoly. Having
dealt with fur-bearing animals, he went
on to treat of the fisheries, and after
alluding to the presence of different
species of whales in the vicinity of the
Aleutian islands, said: "No sea is now a
mare clousun,. All of these may be pur-
sued by ships under any flag, except
directly on the coast or within territorial
limits.''
The marquis also says Blame must be
misinformed respecting the uninter-