The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-01-16
BEaRINo sEA,s sEAlERIEs.
Senator Morgan Resents the Appeal
10 the Supreme Court.

/
TO the Supreme Court.
WAsHINGTOS, Jan 15.-In the Senate To-
day Senator Morgan offered preamble and
concurrent resolution on the subject Of the
recent information or suggestion for a writ
OF prohibition in the supreme court in con-
nectlon with the Bshring sea dispute with
Great Britain. The resolution declares
such proceeding TO be without
precedent, to be prejudicial to
the comfy of nations and TO the usual and
amicable conduct Of international relations
and not TO be in consonancs with the dig
nifty Of the government and the people, or
with the respect due to the United States.
1t was referred to the committee On foreign
relations.
TEXT OF THE RESOLUTION.
Mr.. Morgan's resolution reads as follows:
WHEREAS. The President Of the United States
on Jan ;, 1891, communicated 70 the two houses
of congress copies Of correspondence then re-
Gently exchanged between the governments Of
her Britannia majesty and the United States.
growing out of the capture by the United States
OF certain British vessels on the Benring sea;
and IL appearing from such correspondence that
the government of her Britannia majesty did,
on or about Aug. last, offer 70 refer TO impair
tial arbitration the question OF said captures
and the issues that depend upon the same; and
WHEREAS, 1t further appears from sucn cor
respondeuce that the United States or about
Dec, II last communicated to the government
OF her Britannia majesty cert1in questions pro-
posed for consideration and determination to be
agreed upon between the said governments, and
submitted 70 such arbitrator as might be mutu-
any CHOSEN oy the two governments In response
TO the offer OF her ms1esty's government; ami
WHEREAS. IL appears, by the public rec rds
and proceedings Of the supreme court of
United states, that on Jan 70, 1891, her Bril- annie
ma1estys attorney general OF Canada did suo-
init TO and file with said court an Information.
or suggestion, for a writ OF prohibition to annul
the judiciary proceedings taken and had in one
of the inferior courts Of the United States grow
ing out of one of the CAPTURES aforesaid: and
WHEREAS, II appears from said suggestions
ton so submitted in the trial that the grounds
Of said suggestion are involved in questions or
issues proposed by two governments for exami-
nation and determination by impartial arbitra.
ton; and,
WHEREAS, 1t appears from the said nforma-
ton or suggestion submitted and fled that
the same was presented to the supreme court
with the knowledge aud approval of the inn
perial government of Great Britain: and.
WHEREAS, II appears tnat the offer to refer
the questions growing ont of the captures as
aforesaid to impartial arbitration was not with
drawn by her Britannia majesty but the same
is now pending between the said government
and that of the United States, and is still a sub
ject OF diplomatic negotiations and proceedings
by and between said governments;
Resolved, BY the Senate (the House of Repre-
sentatives concurring) that the action of the
imperial government of Great Britain in author
izing and approving the presentation of the
aforementioned information or suggestion to
the supreme court is without precedent and is
pre1udicial to the comfy of nations, and TO the
usual conduct of international relations. and is
not in consonance with the dignity Of the gov
eminent and people of the United States, and
the respect that is due to the President Of the
United States.
RESOLVED further. That the President be re-
quested to communicate Il copy of this resolu
tion to the government of her Britannia
majesty, II in his Judgment such communica-
ton be notinconsstent with the public interest.
LAW AUrHoRIrY's OPINION.
TORONTO, Jan. 15.-Hon. David Mills, an
authority on international law, in an in
terview regarding Sir John Thomas action
in bringing portion of the Behriug sea
question before the supreme court Of the
United States, said: Unless it has
been agreed between governments
that there shall be a test case for
the. purpose of ascertaining the extent
of the United States rights under
the law Of nations In Behring sea, think
it will prove a mistake on the part of the
Canadian minister of justice to seek a de-
cision from the supreme court. The case of
Foster against Nelson, which will be found
In Peters report, 3, and that of Phillips
against Payne in volume 90 of the supreme
court reports, show that, in questions such
rs this, the court 10 bound to follow the
construction of treaties by the Diplomatic
department of tho government and no
opinion will be obtained, therefore, at vari>
ance with Secretary Blains's contention.
A BAD PRECEDENT.
ut will be seen upon very slight considera-
ton of the subject that 1t would never do
to permit one department. of the govern
ment to place itself in direct antagonism to
another, and especially would it DO destruct-
i've to permit the views of that DEPART
ment which is responsible for the main
tenance of the rights of nations
to be over-ridden by another, de-
partment to which no responsibility
attaches. You will see the principle
upon which the supreme court proceeds so
fully stated in the Two cases TO which have
referred that you will see that the minister
of Justice cannot get on upon the lines
which he has set out. and If the court were
10 entertain the case he would only succeed
in having the contention of the Secretary Of
State confirmed"