Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-12
IN THE SUPREME COURT
A New Move BY the British in the
Boring Sea Controversy.
JURISDICTION OvERHIGHsE SEAS
That II the Only Point ut Issue, So Great
Britain Claims-The Equities Of the Case
Out of the Question-An Important Brief
After Consideration.
No. ~ Original.


jesty's Attorney General Of
Canada.
The Boring sea controversy tonk an unex-
pected turn today. 1t has been evident for
some time to those who have been watching
the progress Of the controversy that her Britain
mic majestys government was busy with some
plan for a speedy conclusion Of the diplomatic
pickering. Sir Julian Pauncefote and repre-
sentatives of the Dominion government have
been in communication and there has been
considerable quiet activity. 1t had also be-
come evident that they could not expect to
settle the matter by the prolonged correspond
enee in which there is no agreement upon the
basis OF negotiation. The question has sud
denly been transferred from the field Of diplo-
macy to the United States Supreme Court.
Sir John Thompson, her majesty's at
torney general for Canada, through
Mr.. Calderon Carlisle, the American coun-
sci Of tho British legation, and Mr.. Joseph
Choate, acting as his associate in this case,
made motion in the Supreme Court today for
a writ Of prohibition commanding the United
States district court at Sitka to annul the pro-
ceedings by which the scaling craft W. P. Say
ward was libeled in 1887. There were two ''sug-
gestions" for the prohibition filed. One is
merely formal suggestion" made in behalf
of Thomas Henry Cooper, an English subject
owner Of tho hbcled craft. Tho other, which
brings the whole disputed question concerning
the alleged jurisdiction over Boring sen before
the court, is made in behalf of Canada by Sir
John Thompson, with the full knowledge and
| consent of her Britannia majesty. the purpose
being to appeal from Mr.. Blaine to the Supreme
Court to settle, once for all, the dispute.
An UNAFFECTED MOVE.
This move on the part of the British govern
ment appears not to have been expected by
Mr.. Blaine, and the Attorney General was taken
by surprise when the motion was made by Mr..
Choate. The British government has probably
had the matter in contemplation for some time.
but all parties concerned have conducted it
with SO much secrecy that only those interested
for her Britannia majesty have been aware of
it. The move was probably thought of as far
back as last spring. when it was announced
that the negotiations between the United States
and England were ended. The Fact that tech
nically there are no negotiations now pending
makes more possible the success of the coup,
and it was probably with view to this action
that i. was allowed to become current, in an
unofficial and unauthentic way, that negotia-
tions had been broken on.
Lord Salisbury has evidently become con-
vInced that nothing can be accomplished in
the ordinary course of diplomacy. as Mr.
Blaine's correspondence indicates disposition
to maintain the rights of the United States.
Great Britain therefore decided to put an
end ITO the controversy if possible by get
ting a decision Of the United States Supreme
Court upon the question she claims to be at
rcg,. .nvx ,laAl 80
States can have jurisdiction over any part Of
the high seas. The question is cleverly put be-
fore the court SO as to render a decision on this
particular point unavoidable, and the case
being once decided against the United States.
they hope there will be nothing for Mr..
Blaine to stand on for further contention.
The idea Of taking the case from the uncertain
and dilatory court Of diplomacy to the court
of justice is new and is regarded as very
clever.
HOW THE CASE CAME UP.
The case came up in this way: On the 9Th of
July. 1887, the schooner W. p. Sayward of VIC
toria, Be, was captured by the revenue cut
ter Rush, Capt. Sheppard, for killing seal in
Beffng sea, ~ When the capture was made the
schooner was on Bering sea, ffty-nine miles
from any land and there were At seal skins on
board. The schooner was taken to OonOlaska
by the Rush and from there to Sitka, where she
was hbeled by the United States district court
for taking seal within the jurisdiction of the
United States, in violation of section 1856 of the
Revised Statutes, the allegation being that
Capt. Geo. r. Ferry, the master. had killed
some thirty odd seal at the place of capture, 81
degrees 43 minutes north and 167 degrees 81
west So miles off Cape Cheerful, between Coma
Iaska and the Prybylof Islands, in violation of
the statute named. Upon this allegation the
schooner was libeled.
IN THE SUPREME COURT.
An appeal was taken by the defendant in the
case to the Supreme Court, and the case is now
on the docket of the court as No. 1887. An ap-
peal from the district court Of Alaska to the
Supreme Court will not hold, no provision in
the act establishing the court being made for it,
but up to this time that fact seems to have es-
capped the attention of Attorney General Miller
and the case had not yet loen dismissed.
The appearance of the British minister and
the attorneys in the Supreme Court room when
the court was opened caused a stir of excite
ment and provoked whispered speculation as to
what could be up. The first move made in the
case was in the form Of a motion by Mr.. Choate
to disrniss the appeal in case No. 1887, made in
behalf of the appellant This looked like an
abandonment of the case, and doubtless gave
Attorney General Miller some satisfaction.
But the surprise which followed immediately
was not 40 agreeable. Mr.. Choate followed his
first motion with request for permission to
file suggestions with the court for q writ Of
prohibition, annulling the action of the district
court OF Alaska. Besides the formal petition
of the owner of the vessel alleged to have been
unlawfully seized, he would file q petition
signed by Sir John Thompson, attorney general
for the Dominion of Canada, which action was
with the knowledge and sanction Of her
Britannia majesty Victoria, queen, empress,
DC. In view Of the importance of the case he
would ask. on behalf of Great Britain, that an
early day be set for action, and that a day be
set for hearing if it pleased the court to hear
oral argument.
The suggestions for prohibition set forth
that, at a time when profound peace and friend
ship prevailed between Great Britain and the
United States, namely. on the 9th OF July, 1887
the vessel w. P. Sayward Of Victoria, Be, car
rying the British flag and commanded by one
of her majesty's subjects, was seized upon by q
vessel Of the United States upon the high seas
ffty-ninc miles from land, and was bv force
taken into an American port and there libeied
for acts upon the high seas, not piracy, upon
the allegation that they were committed in
violation of statute Of the United States. It
is further pleaded that the jurisdiction of the
United States does not extend over the waters
wherein the offense against the statute was al
legged to have been committed. the vessel being
more than n marine league from any shore, and,
in brief, that the seizure was in violation Of
well-established international law, and that
therefore, the district court OF Alaska had not
and has not jurisdiction OF the case The Do