Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-25

=" onuouoteu ground OF complaint II the
brush claim should be upheld by the arbi-
| traitors Moreover. there is 10 security that
the arbitration will be concluded before the
seailng season OF $685. Thus an arbitration be-
| tween Great Britain, the United States and
PORTUGAL, which has already occupied four
years. Is stlll pending. Serious damage would
De caused to the industry by O suspension of
| sealing for long period
In view OF all the above considerations it ap-
pears 10 her najesty's government that it
"oaio pc more equitable to provide that seal
ing In Berlng sea shall continue ON the condi-
uon tnat the owner Of every sealing vessel
shall give security for satisfying sny damages
which the arbltratOrs may adjudge.
shall be glad TO learn that the above sug-
gestlons meet with the concurrence of your
government.
have the honor, &C.,
JULIAN PAuNCEForE.
Mr.. wHARroN's REPLY.
DEPARTMENT OF STATE,
WASHINGTON, March %. 1892.
SIR: am directed by the President to say
that your note, dated the 18th instant and de-
livered on the 10th instant Sunday has had his
immediate attention, in view of what he deems
TO be the extreme urgency and gravity OF the
matter under discussion. The urgency grows
out of the fact that much iu .ther protraction
OF this discussion will make any modus that
may be agreed upon Intellectual to protect the
| interests of the United States, and will give to
the Canadian sealerS practical immunity by
| reason Of the impossibility OF communicating
| to them the agreed restrictions. 1t is known to
this government that the sealers have FASTENED
their departure to escape notice of O
possible modus, and that every day al
most adds to the feet that must now be over
hauled at sea. Already forty-seven Canadian
vessels have cleared for the sealing grounds as
against thirty-one at the same date last year,
and arc engaged in following up and destroy
ing the seal herds. These vessels will, il not
| stopped and turned back at the passes, 60 into
the Bering sen aud pursue to the very shores Of
our islands the slaughter Of the mother seals
seeking accustomed roOkeries to be delivered
of. their young. This is a crime against nature
This government expects to show, IL the arbi-
tration proceeds, that female seals constitute
the larger per cent Of the catch OF the pelagic
sealers.
That, in view of this serious ard confident
contention OF this government, his lOrdship
should assume that another years suspension
OF such scaling Is not necessary Ito prevent an
undue diminution OF the seal herds" and
should insist that pending an arbitration it
| shall go on precisely as if no arbitration had
been agreed upon, is as surprising it is Gis-
appointing. II her majestys government so
little respects the claims and contentious of
this government as to be unwilling to forbear
Tor single season to disregard them the Presi-
dtE: cannot understand why Lord Salisbury
should have proposed and agreed to give to
| these claims the dignity and standing which q
reference to high court of arbitration implies.
From the moment an arbitration was agreed
upon neither party was 1T liberty to disregard
tue contentious of the other. 1t must be as
| sunled that the sincere purpose of tho two
governments was to promote peace aud good
will, but, II, pending the arbitration. either
| deals with the subject of it solely upon the
basis OF its own contention and in utter disre-
gard Of the claims OF the other, this friendly
end il rot only not attained, but u new sense
NJ mi mi m n VA
should be found possible to proceed with an
ar FILTRATION under such conditions. For it
must not be forgotten that if her majesty 9
government proceeds during this sealing
season upon the basis OF its contention as to
the rights OF the Canadian sealers no choice is
left to this government but to proceed upon
the basis Of its confident conten ton that peiagic
sealing in the Boring is infractiOn of
its jurIsdictioD and property rights. His lord
| ship Will hardly tail to see this. Herein.
in the opinion OF the President, consists the
gravity of the present situation. and he is not
willing to be found in any degree responsible
for the results that may follow the insistence
by either government during this season upon
the extreme right claimed by it. In his opin-
ion it would discredit in the eyes of the world
the two great governments involved it the
paltry profits of a single season should be al
lowed to thwart even 10 disturb the hon orabie
and friendly adjustment OF their differences
which is 80 nearly concluded, but il his lord
ship shall adhere to his reiu ,ll to unite with us
in prompt and effective measures to stop
pelagic sealing and shall insist upon free seal
ing Tor british subjects, the question. As it
affects this government is no longer one OF
pecuniary loss or gain, but one OF honor and
self-respect.
The government, notwithstanding the fact that
its right to taAe seals upon the Pribylov Islands
is un!isputed and wholly uninvolved in the
arbitration, has proposed to take no profit from
the slAnd caich but to limit the taking of seals
to the necessities OF the natives of those islands,
and 1t cannot consent that, with indemnity or
without. the contested rights of British sub
jects to catch seals in the Boring sea shall be
exercised pending the arbitration.
The President finds it difficult to believe that
Lord Salisbury is serious in proposing that this
government shall take separate bonds from the
owners of about 100 Canadian sealing vessels to
| indemnify it for the injury they may severaliy
infict upon our Jurisdiction or property, and
must decline to discuss a suggestion which only
hisI aspect for Lord Salisbury and his belief that
| his lordShip has due appreciation Of the gray
ity of this discussion enable him to treat with
| seriousness
We should doubtless have to pursue and cap
| ture upon the sea many of the owners of those
| vessels to secure the bonds suggested, and as
| the condition IL to be that the obligors shall
| pay 'any damages which tho arbitrstors may
| adjudSe," while the treaty gives the arbi-
| traitors no power to adiudge any damages the
transaction would be without risk to the OBJ
ligors and Of no value to us.
THIS government cannot consent to have
what it believes to be its rights destroyed or
impaired pending their determination by an
agreed tribunal, however adequate the security
offered. The reference in my Lass note to the
| Inconsistency OF her mAjestys government in
denying responsibility for the acts Of the Can
| adam sealers was not intended to suggest q
willingness on our part under any circum-
stances to see our property converted into Q
claim for damages and particularly as such q
clsim cannot now be heard or determined by
| the arbitrator without = reformation Of the
treaty, for his lordship must remember that
while he now offers what he mistakenly calls
''secur1ty for satisfying any damages which the
arbitrstors may adjudge," he has already car
ried his point In the treaty that the arbitrator
shall have no jurisdiction TO award any dam
ages.
AZ TO his lordship's suggestion that Canadian
sealsrs may have some claim for compensation
II Great Britain shall restrain pelaSic sealing.
the President directs me to say that he ID moi
able to how the citizens or subjects Of either
Of the treaty powers can BY any rule Of Law Of
i equity support any claim against their respect
i've governments growing ont Of such necessary
Trade restraints - the eovernnents may law.
fully impose 70 promote the larger condition.
| - he pnblto god and International peaeo.
! M suggestion thAt ~ conelnsioas Il ~