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

1T had also been d recognition of
the fac.now held beyond denial or doubt
that me taking of seals in the open sea rap
idly leads to their extinction.
/"This, ia brief, was The condition Of the
Alaska fur seal fisheries down to the year
1856. ,Precedents, customs and rights had
been established and enjoyed either by
Russia or the United STATES for nearly
CENTURY These two nations were the only
powers that owned foot OF land on the
that bordered on the islands in
cluded within Behring waters where seals
resort to breed.
an this peaceful and secluded field of
shared by the native Aleuts of Prlby-
joff island. b.y the United States
and by England, certain Cana
dian vessels in 1856 asserted their
right to enter and by their ruthless course
destroy the fisheries and with them destroy
also the resulting valuable industries. The
government of the United States at once
proceeded to check this movement, which
unchecked was sure to do great and irrep
arabic harm. 1t was z cause of unfeigned
surprise to the United States that her
majesty's government should Immediately
interfere to defend and encourge surely to
encourage by dc fending) the course of the
Canadians in disturbing an industry which
had been carefully developed for more than
ninety years under the flags of Russia and
the United States. developed in such a
manner as not to interfere with the public
rights or private industries of any people
or any other person.
$50 great has been the injury TO the fish
cries from the irregular and destructive
slaughter of seals in the open waters of
Behring sea by Canadian vessels that
whereas this government had allowed 100,
600 to be taken annually for a series of
years, it is now compelled to reduce the
number to co. 900. If four years of this viola
ton of natural law and neighbours rights
has reduced the annual slaughter of seals
by 40 per cent, it is easy to see how short
period would be required to work total
destruction of the fisheries. The ground
upon which her maiesty's government JUS
titles, or at least defends, the course of
Canadian vessels rests upon the fact that
they are committing their acts of destruc-
ton on the high seas. 1t is doubtful
whether her majesty's government would
abide by this rule if an attempt were
made 10 interfere with the pearl fisheries
of Ceylon, which extend more than twenty
miles from the shore line, and have been
enjoyed by England without moLestation
ever since their acquisition. So well recog-
nized is the British ownership of those
fisheries, regardless of the limit of the
three mile line, that her majesty's govern
ment feels authorized to sell the pearl fish
cries right from year to year to the highest
bidder. Nor is it credible that modes OF
fishing on the grand banks altogether prac
ticable but highly destructive, would be
justified or even permitted by Great
Britain on the plea that the vicious acts
committed were more than three miles
from shore.n
He mentions dynamite as one of these
destructive methods. docs her majesty:
government seriously maintain that the
law of nations is powerlesS to prevent suct
violation of the common rights of man
Are supporters of justice in all nations tC
be declared incompetent to prevent wrong:
so odious and so destructive! In the judge
ment of this government the law of the
sea is not lawlessneSs. One step beyond
that which her maiesty's government ha:
taken in this contention and piracy finds it:
Jurisdiction. This government has beer
ready to concede much in order to adjus
all differences of views, and has in tht
Judgement of the President already pro
posed solution not only equitable bu
generous. The President now awaits witt
deep interest, not unmiXed with soTicitude
any proposition fer any reasonable adjust
ment which her majesty's government ma.
submit.
1.-THE forcible resistance to which th
government is constrained in Behring sea
| is, in the Presidents judgement, demanded
net only by the necessity of defending the
traditional and long established rights O
the United States but also the rights o
| good government and good morals thu
world over
ain this contention the government 9
the United States has no occasion and n
desire to withdraw or modify the position
which it has at any time maintained agains
| the claims of the imperial government o
| Russia. The United states will not with
hold from any nation the privileges whic
it demanded for itself when Alaska was
part of the Russian empire. Nor is tn
| government of the United States dispose
to exercise in those possessions any les
power or authority than it was willing t
! conced to the imperial government of Rus
STA when its sovereignty extended there.
April 30, Pauncefote wrote Blaine in ar
swer to his invitation for counter pro
posal for settlement; that as the sole OBJ
ject of the negotiations was the preserva
| ton of the fur seal species, regardless o
the advantage TO any particular nation o
private interest, it would be strange
there should be failure to devise mean
of solving. the difficulties which had arise
in view of the divergent views held, and n
solution would satisfy public opinion
Canada or Great Britain without full in
quiry by d mixed commission of experts
| Meanwhile, he was prepared to recommen
to his government certain provisional an
precautionary measures to remove appre
hension of the depletion of the fur sea
species pending the report OF the commits
sion. He then sites authorities to show til
vast number of seals and that they are o
the increase. The minister says: ''But i
order to quiet all apprehension on thu
score, would propose the following pre-
visioBal regulations:
"1-That pelagic sealing should be pre-
hibited IN Behring sea, the sea of Echots
and adjoining waters during the months c
May, June, October November and Deceu
Der, which may be called the migrate
periods of the fur seal.
''2-That all sealing vessels be prohibite
from approaching the breeding island
within d radius of ten miles,
The minister then embodies the draft
an argument for a mixed commission.
cover these and other points and report.
The Marquis OF Salisbury, under date {
May -, in a letter to the British minister
after saying that the negotiations betwee
: Blaine and the minister afford strong reasC
and hopes that the question is in fair wa
! towards satisfactory adjustment, unde
takes TO reply to l5laine's arguments rel;
tive to the statement that the seizure
were justified by the fact that they WEI
, engaged in the pursuit of ii business cont
obvious that two questions are involve
bonosn,ores. The marquis says: 1T
B first, whether the pursuant and killing
: fur seals in certain parts of the open sea
! from the point OF view of information
morality an offense contra bOnOs morc
Secondly, whether, if such be Il
case, this justifies seizures on Ii
A high seas and subsequent confsc:
5 ton in 1tme of peace of private vesse
} of a friendly nation. He says further,it is q
axiom of international maritime law, sue
action Is only admissible in case OF pirac
t or in pursuance of special information
agreement. This principle has been un
versally admitted by iurists and was yer
distinctly laid down by President Tyler
a sOPcial rDpSsaurp ~ (,onurpsS dated II