, 1890-07-24

HifeSIf ht ktEr tftt 10 SLY WIN AIls
single exception. no nation has. In time
Of peace, any authority 10 detain the
ships OF another upon the high sens, on
any pretense Whatever, outside OF its
territorial jurisdiction.
NOW" continues the marquis, 'rhe
pursuit OF seals In the open sea, under
whatever circumstances, has never
hitherto been considered piracy By civ
liized states; nor even IL the United
states has gone so far as 10 make the
killing Of fur seals piracy by their ma
tionai law, would this have justi-
tied them In punishing offenses 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. a
practice which the civilized world
learned TO look upon with adherence, the
right OF arresting the vessels of another
country was exercised only by special
International agreement, and no one
go1ernment was ever allowed that gen.
eral control Of morals in this respect
which Mr.. Blaine claims in behalf the
| United States as regards seal hunting.
But her msjesty's government must
question whether this pursuit can of
itself be regarded as contra bonos
mores. unless and until, for special
tionai arrangement to forbid It.
Fur seals are indisputably
animals fern nature, and have
universally been regarded by
jurists as res pullius until caught. No
person, therefore, can have property in
them until he has actually reduced them
to possession by capture. IL requires
something more than the mere dsclara-
tion that the government or citizens Of
the United States, or even other coun-
tries interested in the seal trade, are
losers by certain course Of proceeding
70 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 in
voive even the slightest injury to the
people Of the United States. 1.-THE case
be proved they will be ready to consider
what measures can be properly taken for
a remedy. Of such injury, but they would
be unable on that ground to depart
rom the principle on which free com
Respecting Mr.. Blaine's statement OF
the exclusive monopoly enjoyed by
Russia, the marquis quotes from John
Quincy Adams letter 10 the United
states minister in Russia, which nation,
In 1921, prohibited all foreign vessels
from approaching within three miles
from the coast of Behring straits, 51st
degree 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 iil-
cluded the right OF killing fur-bearing
animals. The brig was forced by an
armed Russian naval vessel to leave the
waters. He also argues from the speech
OF Mr.. Sumner, when introducing the
question oil the purchase of Alaska to
congress. Ii was equally clear that the
United States government did not regard
themselves as purchasing monopoly.
Having dealt with fur r-bearing animals,
he went on to treat Of the fisheries, and,
after aliuding ~ the presence Of different
species of whales In the vicinity of the
Aleutians, said: mo sea Is now u mare
clausum. All of the sens may be navi-
gated by ships under any flag, except
directly on the coast or within another
nations territorial limits"
The marquis also says that Mr.. Blaine
must have been misinfornied respecting
the uninterrupted possession of the
United States from 1867 to 1886, and
submits extracts from the reports OF
United States officers to show that dur
ing that time British vessels engaged at
intervals in the fur seal fisheries, with
the compliance Of the United States gov
ernment. lie iurther states that
the whalers have not heretofore
engaged in sealing, because of
lack OF time, and finds 1t unnecessary
10 deal with the question Of the extinc-
tion OF the seal through pelsgic sealing,
as II was proposed 70 examine the sub
ject by q commission approved by the
Two governments. He admits that If
all such sealing were stopped, the seals
would multiply at an even more ex-
traordinary rate than al present, but
can not 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
are recognized by the law of nations to
be free to all the world.
PROTESTS FROM BOTH NATIONS.
The next letter In the series from the
British minister to Mr.. Blaine is dated
May %. The minister says that as the
secretary has confirmed the newspaper
statements that revenue cutters have
been sent to Behring sea to seize foreign
sealers, he is instructed TO say that q
formal protest against such interference
with British vessels will be forwarded
without delay.
Mr.. Blaiue's response three days later
was more brief, being q simple acknowl-
edgment of the receipt of the letter.
However on the Goth he wrote Sir Julian
that in turn he was instructed by the
president to protest against the course
vi thC 6atnOtiLluk,
encouraging 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 protest should be authorized
by Lord Salisbury, especially because
the previous declarations of his lordship
would seem to render it impossible
The secretary then rapidly sketched the
history OF the negotiations under the
previous administration. and says;
"You will observe that from the 11th Of
November, 1887, to the 23d Of April,
1888, Lord Salisbury had in every form
/ OF speech asserted to the necessity of
close season for the protection OF the
seals. These assurances were given to
the American minister, to the American
charge d sflaires, to the Russian am bas-
sador, and on more than ono occasion
to two of them together. The United
States had no occasion, therefore, to
doubt that the whole dispute touching
the seal fisheries was practically
settled"
Continuing. Secretary Blaine says:
AFTER that assurance ofLord SalisbuTy's
that neither an act OF parliamenQ nor
an order in council could be drafted
until Canada was heard from, this gov
ernment can not but feel that Lord Sails
bury would have dealt more frankly II
IN the beginning he had 80 informed
Minister Phelps. The British govern
ment would assuredly and rightfully
complain ii the agreement between her
representative and the representatives of
the United States should, without notice,
be broken off by the United Staten on
the ground that the state Of California
was not willing that it should be COM
pieted."