The morning call., 1891-01-14
A BAD BREAK,
The Latest Phase Of the Behring
Sea Dispute.
Comment on The Action Brought in The
United States Supreme Court.
Feelings Of Indignation and Resentment.
The Attorney General 10 Raise the
Question Of Jurisdiction.
Special to TIE MORNING CALL

Special to TIE MORNING CALL
New York, Jan. 13.-The Herald has
voluminous Washington specials relative to
the appearance Of Canada in Great Britain's
behalf in the United States Supreme Court,
with reference 10 the Behring Sea dispute.
IF the tone of the feeling here reflects the
general sen timent of the country" says
correspondent, "Blane's dispatch to Minis
ter Lincoln cannot be too strongly expressed.
More plainly, he tells Lord Salisbury that
been insulted in the pettifogging affront
offered to the President of the United
States. In both Houses of Congress, and on
both sides of each House the question of
sealing rights and seal protection have gone
clear out of sight for the time being. If the
persons who control the acts and policy of
this Government may be trusted to do as
they say, Salisbury will have to pass through
valley of humiliation before he can ever
bring the negotiations back to the main
points of discussion. That he will get them
back to the triumphant situation for him
self of one week ago is deemed incredible
by people of information and judgment,
who hitherto have been severe critics on the
ADMINISTRATOR Behring Sea policy.
UNFORTUNATE SITUATION.
Judging from the tone Of influential COM
ment here, Salisbury cannot too soon or too
skillfully extricate himself from the un-
fortunate situation into which he has per-
mitted the Behring Sea question to be drawn
by his Canadian advisers, if he does not
wish to front an angry nation, no longer
caring about the merits of the issue, but
keenly sensible OF the contemptu0us treat
ment of their country by his Lordship, and
OF paltry pettifoggng over the digniied
question of international relations, to quote
the very words of the Republican and Demo-
cratic memberS Of the Committee on Foreign
Relations. One OF the grayest aspects of
the present situation is the graJuitous
character of the public official Intervention
of the British Government in the judicial
proceedings instituted yesterday John
Thomps0n's avowed object could have been
as well forwarded by conducting these pro-
ceedings entirely in the name Of the owner
of the Canadian sealing schooner. w. 7. Say
ward. To add the name OF the British Gov
ernmeut TO those proceedings is, in the
opinion OF the President and his Cabinet
and other prominent members of the various
branches of tue Government, an insulting
method of answering Blane's note OF Decem-
Der 18th, which was conSpicuouSly designed
to provide the moduS for a speedy aud
amicable settlement.
BLAINE WILL PROTEST.
"Blaine has not sought to hide from the
public his personal view of the joint pro-
ceedingS of the British and Canadian Gov
ernments. / am told that he acquitS the
British Minister of everything but passive
and inforced acquieScence in the affront
to the Government of the United States,
which he Is soon TO resent IN a becoming
fashion through our Minister at London.
he will again protest against the intrusion
of the Canadian Government into our inter-
national controversies with Great Britain.
l am also advised that he is not unlikely to
insist upon transferring the negotiations to
Lord Salisbury and Minister Lincoln, upon
the ground that the British Minister here is
not permitted to serve the Government
he is presumed TO represent, except in such
manner and 10 such an extent as the Cana
dian Government approves. He thinks,
however, that lie has got the head of the
offender in chancery at last. What occurred
yesterday has thrown the Behring Sea ques-
ton back into chaos. All sides now wait
on Salisbury and his disposition, if he has
any, to make the amende honUra BILE to the
United States for what is now criticized as
his LordShip's very bad break
QUESTION OF JURISDICTION.
Attorney General Miller viii be ready
with his answer to the motion for a writ Of
prohibition within the time granted him by
the court-two weeks hence. The first
question the movers will be confronted
with by the AttOrney-General is that of
jurisdiction-that is 10 say, whether the
Supreme Court has any jurisdiction in the
premises at all. The Supreme Court has
no jurisdiction except where that jurSdc-
tiOn is conferred by statute. There being
no statute giving this court jurisdiction on
appeal, the question is, How can they get
jurisdiction ut all? or course, If tbs pa
pers which were filed in the District Court
at Alaska, viz, libel and answer, fail to
show any jurisdiction in that court, then
this court might join the proceedings, but if
the Alaska court has even colorable juris-
diction then the question is whether its de-
cision is not final and conclusive. IT the
Supreme Court is in any doubt as TO the eX-
tent and nature of the jurisdiction of the
possessions by the United States in the
Behring Sea it will not prohibit the Dis
trict Court from acting upon its own view
of that jurisdiction.
THE ATTORNEY GENERALS POSITION.
1.-The position TO be taken by the At
torney- General is that it is not certain that
the United States has no other than con-
ventiOnal territorial Jurisdiction in Behring
Sea; that the two Governments are now de-
batting that question automatically, and
that the Supreme Court, conformably to its
own repeated decisions and opinions, must
wait and follow the political determination
of the limits OF our jurisdiction in the
brief in support of this position the Attor-
ney-General will avail himself of the assist
ance OF members of the Senate Committee
on the Judiciary, of which Judge Edmunds
of Vermont is Chairman. l am able to say
that Senator Edmunds agrees in the view
that upon the facts of the case the Supreme
Court will be constrained TO leave it 10 the
political department of the Government to
settle and fix the status of this country in
the BehrDg Sea"
A FEELING OF RESENTMENT.
The Tribune's Washington correspondent
says that it is believed the Supreme Court
will not issue the writ asked for by the At
torney- General of Canada in the Behring
Sea case. He adds: 1t is no secret that at
the State Department the news of the pro-
ceedings in the Supreme Court was received
with feeling of resentment not altogether
free from Indignation. That such a step
had been contemplated for some time was
not unknown, but it was thought it had
been abandoned because no one be-
lieved Lord Salisbury would so far
forget the amenities of diplomatic
intercourse as to assume the responsibility
for move which it is difficult to distinguish
from an atfront to the President. 1t is
probably the only Instance of record in the
annals OF diplomacy where. pending pro-
poSals Tor the settlement of an international
dispute by arbitration, such means have
been employed in an attempt to befOg the
real issues of the case. There is every rea-
son TO believe that Blaine would be willing
to accede to a proposition to submit to the
Supreme Court for settlement the entire
dispute between the two Governments, but
not only one phase OF it.
BEFORE THE CABINET.
WASHINGTON, Jan. 13.-lt is understood
that the Cabinet considered the Behring
Sea controversy and the Indian question at
a regular meeting to-day, but it is imposs-
Bile to obtain.any official information on the
subject. Attorney-General Miller does not
appear disturbed over the turn affairs have
taken. 1t is learned through perfectly COM
petent authority that this apparent COM
placency is due to the fact that the case is
not actually before the Supreme Court for
final settlement You see," said this off,
or rather prohibition, as it is termed in
admiralty cases." The Attorney-General
objected to the Introduction of the motion
ON SaYernl nr,nnds Ha asSartad that the