St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-24
OPEN TO THE WORLD.
Such Is the Contention Of
Great Britain Regarding
Behring Sea.
Correspondence Between the
Two Governments on This
Subject.
Uncle Sam Is Anxious to
Reach a Satisfactory I'm
depstanding.
He Asks England to Adhere
Only to the Agreement
Of 1888.

WASHINGTON, July 23.-The presi-
dent to-day sent to the house, in an
swer to the resolution introduced by
Representative Hit, the official CORE
spondence between the government OF
the United States and the government
OF Great Britain touching the seal fish
cries of the Behring sea. The cor
respondence includes thirty separate
papers, beginning with letter from
Mr.. Edwardes. first secretary of lega-
ton and charge d'atfairs after Minister
Vests recall. In the first letter, dated
Aug. "a, 1889, Mr.. Edw ardes refers to
the reported search and seizure of Brit
ish vessels in Behring sea and under in
Btructions of the Marquis of Salisbury,
that stringent instructions be sent by
the United States at the earliest mo-
ment to their officers to prevent recur-
renee of such events. The letter also
refers to the fact that Mr.. Bayard, when
secretary of state, had assured Great
Britain that pending the settlement no
further interference to British vessels
should take place. Mr.. Blaine replied
that it was the earnest desire of the
president to come to a satisfactory I'M
derstanding, and expressed the belief
that
All Points at Issue
were capable of prompt adjustment.
The correspondence between Secretary
Blaine and Mr.. Edwards was continued
at some length, and it appears that Mr..
Blaine inquired what authority there
was for the above stated assurance of
of Mr., Bayard. Mr.. Edwards says that
it was all assurance communicated un-
officially by the United States minister
in London. and also by MIR. Bayard to
Minister West, in April, 1888. The cor
respondence between Secretary Blaine
and the new British minister began
Jan. %, of this year, with very long
letter from the secretary to Sir Julian
Pauncefote. In this letter Mr.. Blaine
goes over the whole question and says
1t is the opinion of the president that
the vessels arrested were engaged in a
pursuit that was in itself contra bonos
moreS. Mr.. Blaine contended that ever
since this government acquired rights
in Behring sea she maintained undiS
turbed possession until 1856, and that
these rights she and Russia had estab-
liShed and enjoyed for nearly CEN
tury. In 1886, certain Canadian vessels
asserted their right to enter and by
their ruthless course to destroy the fish
cries. The government of the United
States at once proceeded to check this
movement, which, unchecked, was sure
to do
Great and Irreparable Harm.''
Regarding England's claim that the
seizures were made OH the high seas,
Mr.. Blaine says it is doubtful whether
her majesty's government would abide
by this rule if the attempt were made
to interfere with the pearl fisheries of
Cevlon, which extend more than twenty
miles from the shore line, and have
been enjoyed by England without mo
lestation ever since their acquisition.
Feb. 10 the British minister wrote that
his government was willing to adopt
the suggestion made in the course of
their interviews that the tripartite ne
gotiations suspended in London in 1888
be resumed in Washington. and recon-
mended to his government certain pro-
visional measures to remove ap-
prehension of depletion of the
seal. Lord Salisbury, under date
of the 22d of last May, replies
to Mr.. Blaine's arguments: Relative to
the statement that the seizures were
justified by the fact that they were ZEN
gagged in pursuit that is in itself contra
mOreS-a pursuit which of necessity in
wolves serious and permanent injury
to the rights of the government and
people of the United States" tie mar
quis says: 1T is obvious that two ques-
lions are involved; first, whether the
pursuit and killing of fur seals in GER
&oir, ot.tc Aff l,O &c !,
point of view of international morality,
an offense contra bonos mores; and sec
ondly, whether if such be the case, this
fact justifieS the
Seizure on the High Seas
and subsequent confiscation in time of
peace of the private vessel of a friendly
nation" He says, further; 1t is an
axiom of maritime law that such action
is only admissible in case of piracy, or
in pursuance of special international
universally admitted by jurists, and
was very distinctly laid down by Presi-
dent Tyler, in his special message to
congress, dated 9th February, 1913,
when after acknowledging the right to
detain and search a vessel Oh suspicion
of piracy, he 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. OIL any pretext whatever,
outside the territorial jurisdiction %
The pursuit of seals in the open sea.
under whatever circumstances, has
never hitherto been considered as
piracy by the civilized states. Nor,
even if the United States bad gone so
far as to make the killing of fur seals
piracy by their municipal law, would
this have justified them in Furnishing
offenses against such law committed by
any persons other than their own citi-
zens, outside the territorial Jurisdiction
of the United States. In the case Of
slave trade, a practice which the civ
iliZed world has agreed to look upon
with adherence, the right of arrestlng
the vessels of another country is eXer-
cised only by special international
agreement, and no one government
has been allowed that general 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 .ques-
ton whether this pursuit can itself be
regarded as contra bonos mores, unless
and until, for special reasons, it has
been agreed by international ar
rangement to forbid it. Fur
Seals Are Indfsputably Animals
ferare naturae, and they have been uni
versally regarded by jurists as res nullius
until they are caught; no person, there
fore, can have property in them until
he has actually reduced them into poses
sion by capture. 1t requires something
more than mere declaration that the
government or citizens of the United
States, or even other countries
Interested in the seal trade, are
losers by certain course Ofproceed-
Ing, to render that course an immoral
one. Her majesty's government would
deeply regret that the pursuit of full
seals on the high seas by British vessels
should involve even the slightest In
jury to the people of the United States.
If the case be proved, they will be ready
to consider what measures can be prop
erly taken for the remedy of such in.
jury, but they would be unable on that
ground to depart from principle on
which free commerce on the high seas
depends. Respecting Mr.. Blaine's
statement of the exclusive monopoly
enioyed by Russia, the marquis