Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1891-01-23
BEHR,Nc SEA DISPUTE.
How Department of Justice Officials Think
the Case VIII Bc Disposed OF.

WASHINGTON. Jan. 1.-THE law offi-
GERS of the government have now spent
two days in examining the case of Sill
John Thompson They have already
reached the stiA p, of moral conviction
that the supreiAe court will without
doubt or delay find itself necessitated to
dispossess itself of the motion lodged
with it last Monday in the name. style
and behalf of Sir John. Tie officials of
the department of justice found the con-
illusions whereat they have so speedily
arrived upon the following grounds:
1. The case made by Sir John Thorn pson
raises essentially and as matter of sub
stance a question Of disputed boundary
between the United States and a foreign
nation. Such a question has repeatedly
come before the supreme court, and in
every instance that court has ruled that it
must and will follow ana enforce the con-
struction as TO boundary as impaired by
congress. or by the executive in the alb
scncc of legislative determination.
=. The encouragement will resist the
motion of Sir john Thompson as veXatious,
using that term in its legal sense. On this
point he Will introduce. under seal of the
department of state, transcripts Of diplo-
matte archives showing tnat the queen of
Great Britain. the sovereign OF Sir John
Thompson. is now. and has long been en-
gagged in litigating the respective rights
Great Britain and the United States in the
executive department Of the federal govern
ment. and that a mere subject of that SOW
creign. even with her own consent, cannot
be permitted to harasS the government of
the United States by citing it before another
department of the federal government to
answer the same allegations of complaint
arising out OF the same subject matter
). The motion will be opposed on the
ground that the case OF Sayward is not an
admiralty case and that consequently no
authority to issue the desired writ OF pro-
held that it is discourtcous for a foreign
government TO attempt to take matter
out of the diplomatic department and en-
dcavor to put it in the courts.
As an instance of this attention has
been called to the case of the Mexican
government in the fraud claim of We'll
and LaAbra. While that case was GO
ing through the diplomatic stages tho
Mexican government proposed to resort
to the courts for determination of the
fraud claim, and employed Matt Carpen-
ter, then senator from Wisconsin, to
prepare bill in equity to be filed in the
United States court Of this district. But
before doing so the Mexican minister at
Washington courtcOusly informed Mr..
Evarts, then secretary of state, of the
intention of his government. Mr.. Evarts
very promotly condemned such course
and the Mexican government dcsisted
from instituting the suit on the ground
that it would not be well to incur the
displeasure of the department of state
pending a diplomatic discussion and set
Element of the matter.
The British minister has maintained
an absolute silence respecting the pSo-
ceedings, but is understood to be await
ing instructions from Lord Salisbury.
1t is believed that Lord Salisbury will
disclaim all responsibility for the suit on
behalf of the British government and
will remind Mr.. Blaine that the action
of the encouragement of Canada is not
of diplomatic nature, and that conse-
quenty it is outside the jurisdiction of
the immortal authorities