The Portland daily press., 1891-01-13
A CHANGE OF BASE TO Be EFFECTED.
The 6ehring Sea Difficulty Will Co
To Court.
Lord Salisbury and Mr.. Blaine VIII
Rest Awhile.
The Senate Wastes Another psy on
Silver.
Especial to the Press.1

WASHINGTON, January 1.-THE Behring
| Sea controversy assumed a new and unex-
pected aspect today, when step was taken
| to remove the dispute from the letter writing
tournament of Mr.. Blaine and Lord Sails
bury to the United States Supreme Court.
Strangely enough, 1t is the British govern
ment that makes the appeal to our court, and
its appeal involves as its main issue the ques-
| tion under diplomatic discussion as to whe-
ther the United States government has the
right to seize British sealers on the high seas
of Behring Sea beyond the three mile shore
limit. The opportunity of the British gov
ernment is found in the case of the British
schooner w. p. Sayward, captured in Behr-
ing sea in 1887 while catching seals fifty-nine
mites from land. The Sayward was taken
to Sitka and libelled by the United States
district court for taking seals within the ju-
risdiction of the United States,
Here was an opportunity to bring the
whole question at issue before the
supreme court, and this morning the
British minister, Sir Julian Pauncefote.
walked into the court room with his attorney
torney general for Canada, through Mr.. CAL
der0n Carlisle, the American consul of the
British legation, and Mr.. Joseph Ch0ate act
Ing as his associate In this case made mo-
tiOn for writ of prohibition commanding
the United States District Court at Sitka te
annul the proceedings by which Sayward
was libelled. There were two suggestions"
for the prohibition filed. One is merely
formal suggestion made In behalf Of Thomas
he Henry Cooper an ESglshh sao]eGt owner OF
the whole disputed question concerning the
alleged jurisdiction over Behring Sea before
the court is made in behalf Of Canada by Sir
John Thompson, with the full Knowledge
AnHI IIn.r DuSN d. EASA
purpose Eeing to appeal from Mr.. Blaine to
dispute.
This move on the part of the British gov
ernment appears not to have been expected
by Mr.. Blaine, and Attorney General Miller
was taken by surprise, when the motion was
made by Mr.. Choate. The British govern
ment has probably had the thing in contem-
plation for some time. but all parties con-
cy that only those Interested for Her Britain
mic Majesty have been aware of 1t.
Lord Salisbury has evidently become con-
vinced that nothing can be accomplished In
the ordinary course Of diplomacy. Great
the controversy If possible by getting de- |
cision of the United States Supreme Court |
upon the question, She claims to be at issue |
namely, whether or not the United States |
can have jurisdiction over any port Of the |
high seas. The question is clearly put be- |
for the court so as to render a decision on |
this particular point unavoidable evidently |
also the British feel very confident that the |
law is on their side, and that law will be i'm |
partially interpreted by our courts as other
wise they would hardly make such a move. |
This action probably leaves several courses
open Mr.. Blaine. He may cause Attorney
General Miller to instruct the United States
District Attorney of Alaska to have the
District Judge dismiss the Saywood case,
tue government to pay costs, etc, before the
Supreme Court got chance to act. There
would then be nothing to issue prohibition
for and the English would got no chance to
lave their case tried. Such course, how
ever. would suggest that we have little
confidence in our own cause If we would rot
consent to try it in our own court Another
course is to let the case 60 to trial and abide
the result. A decision in favor of the Br it,
ish contention would leave little for diplo
macy to do, while decision in our favor
would throw the case open again to negotia-
tion. At the state department there was
considerable surprise at the action, although
Mr.. Blaine himself said he had expected it
and was not surprised. He had nothing to
say on the question. Attorney General
Miller has two weeks in which to file his
answer.