New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-11
THE SAYWARD CASE.
SeMCIToRGENERAL TAFT'S ADMISSION.
rHE SUPREME COURT LEARNS OF THE DEHmNG

SEA ARBITRATION.
Washington Nov. 1o.-The hearing in the behrihg
Sea seal case in the Supreme Court was resumed tis
morning Soicitor-General Taft continuing his argu
ment He said II had been declared that the princpe
that the President could seize vessels the high seas
would enable him to involve the country In great dea
Of trouble Bat the powers were conferred upon MN
by the Constitution and laws Of the United States, ana
must therefore, be respected. lie then reviewed Gil
the facts connected with the seal seizures ID support
Of his contention that the Government had taken p
ton the question Of this countIys rights IN behns
Sea and that Congress had sustained tiat postum
The controversy was in the way OF being decoea pS
arbitration Now this court was asked by the other
side to say in advance Of arbitration that the position
OF the United states wrong
Justice GRAY asked II arbitration had been agreed
upon The Solicitor General replied that he did not
know that he ought to make that statement ~ was
ror the Attorney General TO say
Attorney General Miller then said: mot only tha''
Init II has been agreed upon. 1t was so announced III
the public prints this morning" Said Mr.. Choate
Newspapers not before the court"
The SohcitorGenerai remarked that lne ohois'
announcement would probably be made before the case
was ended and the court ooud and he supposed ~oud
inquire of the State Department on the sublec'.
In conclusion, Mr. Taft contended tnat 'hcrc was
onestion involved much important than seal
ssberes valuable as they were, and that was whether
A. sboud be left TO foreign Government, II only III
could hurry into the courts the question OF private
right. growing out of diplomatic controversy, to
reverse the decision OF the Executive.
Attorney General Miller then addressed the court
In behalf of the United States, and said that about all
he would do would be to emphasize the Solicitor-Gen
erals statements. Mr.. Miller made long argument
in support of his contention that the court cond ho
make boundaries that that duty belonged TO the po
uacaI branches OF the Government, and In conclusion
said This matter is approaching determination; an
Agreement has been arrived at 10 terms for arbrs
on and 1t Is proposed that this court shall oecoe
this matter against this Government. lie was con-
6dent the court Would leave 1t to the pohucai ue
partment Of the Government
Joseph II. Choate, of NewYork, in beginning the
closing argument for Great Britain, said That ne oio ho
understand that the justice Of the claim of this ship
owner was at all disputed. The whole attempt on me
part OF the United States had been to prevent conSd
Grafton of The merits of the lie then urged that
II ought to be decided without regard to the political
considerations involved. Mr.. Choate asserted that
vessel could not be seized on the high seas by any
foreign nation for violation OF mnnlcpal leguauoh'
Quoting from Secretary Bayards correspondence, ne
insisted that 1t showed that the Government did not al
the time the seizure made assert sovereignty over
pehrng Sea- but merely asserted that the Interests OF
All mankind demanded the preservation OF seal prop
erty The Senate showed that it was unwilling 10 take
sncb a postion SO there the President alone
with this remarkable power OF deciding queSuoh vi
The Attcrney. G eneral closed the case. The publ
cation In the newspapers Of which Attorney General
Miller spoke with reference 10 the arbitration agree
ment ii is presumed refers TO the yelled remarks OF
CsHeron Carlisle in opening his argument Yesterday IN
which he said the decision OF the court could not ahec'
negotiations between the two Governments.