New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-10

,b rtus vvendi would not he renewed for tho follow.
ing season. You VIII find that at the close OF the Mem
inciosed in my note 70 Mr. WHARTON o. June D.
1891 stated under Instructions from my Government
that the Suspension o; scaling was not measure "heh
they could repeat another year."
Her Majc.ty-s Government consenfd 70 that measure
in consequence the widely ccuaoou Oh hIHhd'
Ing danger To the seal species But shc' t', ~ con
dltons Of the fur fishery have been n'esased on
the spot by experts appointed for that Pu'poo - i
Maic,tys Government. Those cxpers have adHsed uat
there i. 10 danger any serious d!minuuoh oil inc luz
sal species peasic sealing during Ac present year
and that TO renew the prohibition Of peagic sehs LOT
another would be going far beyond inc hecesses
OF
Lord Salisbury's proposal Of hIrtynie radus fouhd
the PlbyloG Islands. within which no sealing should be
allowed IS judcous temporary measure OF precaution
pending the establishment OF permanent regulations ior he
fishery as q 1t is somewhat larger proposal ah
that which you originally suggested to mo on the 10Th
Of March, 1891, and which was for similar radius oil
twenty five miles only
The reason why you subsequently abandoned thae
radius" proposal stated In your note to mo Of ath May
1891. That not that such radius would be
Intellectual that at might possibly provoke CONFLICT
in Behrlng Sea-"
At that time act Of Parliament had been pdseu Ia
England enforce such measure on British vesSeis' 'a
no doubt there danger that account /" IL CIV
Ing ro difficulties. But 1t Is otherwise now. 10y @c
seal nshety (ehng's Sea- Act 1891 (5i Vic. c. 49, heF
Majesty empowered by Order in Council u prohoit
under penalties the catching OF seas py bfvsh
slll,S Iurt Of Behring'S Sea utHheu ny VtupA
therefore the enforcement Of The new modus N'eul
now proposed by Salisbury would present much less
difficulty than experienced let season In putting he
existing into operation
trust that the above observations, which venture to
offer In further calculation Of the proposal contained III
nv note Of the Goth utmo will satisfy your Government
tina; it is under circumstances reasonable proposal
aud which will. II acccded to, sufficiently sa'osu"'u
the Interests OF both during the few months COM
prld in the fishery ond pending the deesio
l
JULIAN PAUNOEFOTE.
ACTING SECRETARY WHARTON TO SIR JULIAN
PAUNCEFOTE
Department OF State. Washington, March 8, 1892.
Sir: om directed by the President TO say In response
to your two February goth and March I'd that
he notices with the deepest regret the indispotoh OF lie
Majcsty's Government 10 agree upon Al enec''e ioau'
for the presers tho s'als in the Eelrhs Sea
tendlng the settlement OF the respective rights OF that
Government the Government OF the United Saes
in these waters in the fur seal fisheries therein
The United States claims exclusive right 10 tahe
seals In portion the Behring Sea- while Her Majesys
claims common right to pursue ana Ae 'no
seals In those outside thrceHle limit inns
serious protraed controversy IL has now been happily
arr, 3D. sh1u submitted ~ the determination oil
tribunal OF arbitration and the teatJ only awaits the
action o, the American Senate The judgment OF the
arbitration tribunal cannot, however be reached anu
stated in time to the conduct Of the respective
Governments and Of their citizens during the sealing
1892 and the question now Is what docs
cool faith say nothing Of international comfy re-
qure of the parties the arbatloni II the contention
Of this Government sustained By the orhitntor' then
any killing Of seals BY Canadian seaIers during this
these water, Is injury to this Government III
It's jurisdiction and property. The injury Is no' measured
by skins n.en but effects the permanent 'aiHe o.
property
Was It ever heard before that party to such
controversy, whether a nation or individual could
appropriate whole part Of tho income and proh
body the contested property. pending the
tt,t.,. al. ~
Chanoery would place a receiver trustee IN charge
and Of the property Tor he benefit Of the
prevailing party. You say Lord Salisbury reject
ing tie Illustration used by Mr. Bano. suggests Ina;
ne case - IKE Of arbitration respecting Title "
meadow While tie arbitration going Oh ws cut
grass and quite rightly, for the grass wl b1 repro
duced next year and will the seals
lie can hardly mean by this illustration that. being in
eontention with negbor regarding tho Tito TO MEADOW"
he could by any precedent In the equity courts or by
any honesty lie Justified In pockeang
the whole ANY part Of the gans q harvest without
accountability 10 the adverse claimant whose exclusive
title aferwOid Established. II Is answer iof the
trcspasser 10 10Y that owner NIL Lave
Diminished harvest next year Last years harvest Wa
his also II by the u tho plural pfoooun his hor
ship that the harvest Of the Contested meadow ia
" DO divided between tie ugants. beg remind him
that the title United States the Prtyof Islands
yet been contested, and that our nag does not
any sealing vessel. Ihe Illustration Is nhpt
in the further particular that tho scar not taken this
year may next while Tie grass mus. lie haf-
vested lost
mi, Government already advised in the cOrrse
correspondence that Great Britain rtpndistos al
obligations Indemnify the United states for any In
yason Of Us Jurisdiction any injury don. " " 'tAihg
property by TIE CANADIAN seaers. The attempt TO make
damage clause Of the articles OF tie arbitration
agreement failed becaus, Hos Maestys Government would
not consent 4, the question liability indemnify
the United injuries done h. tho Canadian
seaers should be- submitted. Two extract. from the
rcspondeuce VIII sufficiently recall the altitude ii uc
respective Governments
In ny d july - l sad 'Thc President believes
that Her Mal-sty's Government may lu,y be he'd
sponsblc uud.r attendant circumstance Tor Injuries
done 70 c Jursdiconal property reht Of 'he tntd
by scaling vessels nyng the British flag at least
the date when the rght Of these vessels 70 invade
the Bchring Sea and pursue therein The business Of
peagc sealing mado the subject OF diplomats IN
tervenuon by Lord salisbury. In his opinion justice
requires that Her MaJesy's Government should respond
for the injuries done By those Vessels, uois acts
are found 70 have wrongfu. fully II each had
borne a commission from TIE Government 10 do TIE net
complained Of Tho presence OF the master, even Of
third person circumstances calculated and intended
10 giye encouag cement Liability for resIa~s az
the common law" and much more II his presence is ac
conIaned declarations OF sight protests against u"
defence which the owner cndcayorng make. and
declared purpose aid tTespasseis II they resisted
Tho Justice Of tins rule Is apparent that II l. not
how in the lc., technical tribunal Of International
Arbitration 1t could be held to b. narpicabe
The nltcd might well n-t't that Her MaIcstys
Government should admit responsibility for the acts q the
Canadian seaiers which u has directly encouraged al
,tomot.d precisely the proposal the United States
admit, Ie possibility for the act~ Of It's revenue vessels
put with "a View 70 remove what be the
point Of difference n discussion which has been very
much potrac,od President /, willing 70 modify his
proposal and directs me % Oler the following:
The Government OF Great Britain having presented the
claims Of ~, subjects compensation for the seizure Of
their vessels by United In ehring Sea- and
Goycrnnc- Of the United States having presented IT,
own behalf a. well Of Of the privilege Of
taking on Pflhylon Islands claims Tor cournsa
ton by reason Of the killing Of seals In the BehrgS
.a o'H--~