Telegram-herald., 1891-01-15
AN AFFRON.
TAst's What Ealisbury's Latest
Move Is Considered.
oullty 81 . orsach 81 ietsrNss'eNsl
Courtesy In He Action Regarding
the bshring Sea oispute.


eign Oiiice has been advised badly In
seeking TO execute = tank movement
In the Behring ses controversy In the
Supreme Court of tho United States.
Secretary Bisine's state paper oonse-
qucntly Is looked forward "a with
great interest 1t hardly can fail 70
be . vigorous reminder 70 Lord
Salisbury. The legal points set forth
by Sir Julian Pauncefote's counsel
may or may not be well taken A fine
legal argument can be made on either
side. but that Is not the question
now discussed. II is whether Lord
Salisbury has not put deliberate
affront ON the United States by .
grave breach of diplomatic courte-
~. Under cover of one Of its own
citizens her Majesty's Govern
ment formally appears in the SUI
preme Court and asks q decision on
legal points which bear on an interna-
tional controversy now in course of ne
gotiation. In other words, the British
Government steps in to press the case
Of an individual litigant The negotia-
tons had not been actually suspended
because Lord Salisbury had made no
answer declining Secretary Blaine's
arbitration proposals But that is
not the main question. 1t is
whether the Supreme Court of the
United States may be used 10 advance
the interest of one party to an inter.
national political dispute The court
has refused uniformly to be made an in
strument of domestic politics, and it
would be an unusual proceeding for il
to travel outside its customary paths to
get hold of an international political
question. The international questions
heretofore decided always have been in
the cases of individuals.
AS the Behring sea controversy now
stands no decision could have any force
on Great Britain, because it would re-
fuse to recognize the right of the
courts in any country to set up code OF
international law. But tie United
States would be bound by the decision
of its own court and would be prevent
ed from continuing its diplomatic policy
if decision favorable to the British
contention were given. There is little
reason to suppose it will go into the
disputed points at all. None of the
Justices, as far as can be learned, look
upon the question now 1t issue as one of
International law.
It is understood the Cabinet Tuesday
had some general conversation on the
subject, though it was not brought up
officially. Mr.. Blaine did not come to
the meeting till late, being detained at
the State Department 1t is probably
through the medium Of trenchant dis
patch to Minister Lincoln Mr.. Blaine
will notify Salisbury that the Govern
ment of the United States deems itself
grossly affronted by the proceed
ings taken in the Supreme Court.
Having proposed to arbitratc the ques-
ton of the jurisdictional rights of the
United States in Behring sea, and hav-
ing been advised that the proposal is
acceptable in principle, though not in
form, Lord Salisbury will be reminded
by Mr.. Blaine that every consideration
of propriety should have prevented his
Lordship from resorting to another
branch of the Federal Government to
obtain decision of the question he had
been professedly conducting to settle
ment with that branch of the Federal
Administration constitutionally charged
with the conduct of foreign relations.
1t would not surprise people general
~ If the affair led TO a serious straining
of relations between the Administration
and the British Ministry and Embassy,
and it is at any rate not likely TO in
crease the friendly feeling between the
two Nations 1t is noticeable that the
main question submitted 10 the court
by the foreign litigants is precisely the
question which Mr.. Blaine refused 10
submit to arbitration. holding that IL
did not represent the contention Of the
United States.
If the court should decide In favor Of
Canada the decision would not be final
as TO the equities involved in the case.
but by deppiving the United States of
the power TO libel vessel seized in Behr-
ing sea beyond three miles from shore
it would make ii impossible for this
country to enforce its present preten-
sions in the case.
OTTAWA, Ont, Jan. IA. - Sir John
Thompson. Minister of Justice. In an
interview yesterday said that the appli-
cation by the owners of the Cana
dian sealing vessel w. r. Say
ward To the United States SUI
preme Court for writ of pro-
hibition. was undertaken with the CO
operation of the Canadian Government
and the full approval of her Msjcsty's
Government. II the application is
granted the United States can no longer
attempt TO exclude vessels Of other
countries from Behring sea
LONDON. Jan 5t.--Rnferring TO Mr..
Choate's motion In the United States
Supreme Court on Monday, regarding
the condemnation Of the Canadian sealsr
sayward, libeled IN Alaska, the Times
says it is surprised that any Americans
are found to object 70 the Jurisdiction
Of the tribunal which since the dsTs Of
Chief Justice Marshall they have held
up 20 the semifstion o. the world II
adds.
sH~e the sstgr.ent - tss eozrt ~fH - -
cef~ee Nth rsep<cf rs 6eelsisn IN fsvof ~
NJ Bssns's contenfioss ~osss IN re senss re
sisc5xs apon us sns 81 ADVERSE 1scsssor
~0sl1 psi an ed 70 Mr.. Rixssss policy - .
stroke
Misery IN Perrin