Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-11-11
SEALlNG QUESTION
Between EIelaEd and Uncla Sam
TO ba Left TO Arbitration.
xothsf and Thfse Children Murdered
and 1haif Remains Cnmated.
Disabled Seheoners Repairing and Pre-
pairing TO Resume Their Voyages.

WAsHIS6roN, Nev. l0-An argument
has been entered into between the United
States ard Great Bfitain upoa terms OF
&, blsrstion ia the Behring seA seal d ,hefies
| dispute. Attorney General Miller said this
afternoon that the argument wss subject
to the ratification Of the Senate, but that,
| subject to such ratification, WAS complete
He declined to state what points were to
| be submitted for arbitration.
| Secretary Blaine positively declined to
make any state ment regarding the matter.
O.hsr officers of the state department are
| either ignorant of the progress Of regotia-
| tioDs or refused TO say anything upon the
subj set The inference drawn from de-
velopments made 10 that the President will
| submit to the Senate an agreement 10 the
| nature Of q treaty between the United
States and Great Britain by which the
| parties bind themselves TO accept ~ dnal
| and conclusive the definition to bs given by
the arbitrafoIs OF the exact rights Of the
United States in Bshring Sea, as we'll - 10
pay any awards of damages suffered by the
| nation that is declared to have held the tiu >
contentiop.
In speaking on technical legal question
that the ccurs wss strictly limited to the
face of the proces dlpgs and could not con-
slider the evidence, the attorney general
called attention to the classen case, 10
which rsqsest that ine evidence be csr.i-
fl ID with the bill of exceptions, wasrefused
on the ground that sfter the sentence where
no appeal WAS allowable, evidence could
not be considered. He ridiculed that the
cain wss different between prohibition
before snd after sentence.
rba - tho liha1 ha said RhnUa1
jurisdiction ever the subjec, OF the matter
and the vessel bad been seized. This court
was bound 10 assume that the district court
considerations the political department Of
The government hsd decided the question
aud by al sgr, ement recently entered into
it 10 to be sutj ct to arbitration and the
question viii! be settled in an orderly way.
Mr Miller made long argument in sup
port of bis contention that the court could
not make boundaries; that that duty be-
lopged to the political department Of the
government.
Mr. Choate said be did not understand
Why the justice Of the claim Of this ship
owner vas disputed. The whole attempt
on the part of the United States had been
to prevent the consideration Of the merits
Of The case. He urged that this claim OF
private right ought to be decided withou.
regard to the political considerations in
volved. He ci:ed number Of cases in
support of his claim that the court had the
fulles. right to go into sll matters nece ssa,y
to determine whether the Alaskan court
rightiully had jurisdiction.
As the United States itself could not have
jurisdiction 50 miles from shore, no court
Of the United States could acquire such Ju
risdiction. As soon ss it appeared in the
proce edings that the thing whose creature
the court was. had no jurisdiction, the court
should dismiss the case agsinst the vessel.
After ridiculinR tie calculations by which
tie government placed the Ssyward as seal
ing ou the top Of . mountain. therefore he
claimed it must have been the shore. Mr..
Choate asserted that vessel could not be
seized ON the high seas by any foreign
nation for viols.on of q municipal regula-
ton.
Mr.. Choste quoted from Secretary Bay
sFG's correspondence and insisted that tt
showed that the government did not, at the
time the seizure was made, assert its sover
eigniy over Behfng sea, but merely claimed
that the interests Of ali mankind de-
maEded he preservation Of seal property.
Nor. said he, "had Congress assented to
such d. cIi7e. So there was the president
alone with this remarkable power of decid-
iog the quest o. CT territorial jurisdiction
which could not any how be made to act
on this case, occurring prior to this admin
istrstlon.
Mr.. Cnoate made numerous citations in
support OF his view that the executive had
no iulh power of binding the government.
He c!osed by asserting the review that the
correspondence would chow that there bad
never been any uniform, absolute, or un
eguivocsl assertion ef sovereignty over
Behring ses, such as would in any event
limit the court. Whatever had been as
serted hsd been receded from, so whstev
had been asserted as vested in this country
sioDe has been conceded to be for all
nations to agree upon as to the protection
Of seal life. The sttorney-general closed
the case with a submission Of various legal
citations.