The times. [volume] (Richmond, Va.) 1890-1903, 1892-03-10

Ncfe1lutleoS IOfu CallsOufy WoUi0
agree 10 temporary measure OF precaution
tor this season TO tho prohibition of all kill
Ing OF seal IN zone extension TO not more
than thirty miles around the Prybllof Island.
such prohibition being conditional on the
number of scala killed for any purpose. .
Lord Salisbury referring ~ the passage in
your article in which you compare the case TO
an arbitration about timberland. from which
the trees being removed by one Of the
parties, observes that he thinks the smile
quite opposite. His lordship suggests that
the case is more like one OF Arbitration re-
specting the time to appear. Whilo the arb-
tration Is going on, he adds the cutting OF grass
was quite right. for the grass will be repro
duced next year. and so will the seals.
UNCLE SANS REPLY.
The last and most important letter OF the
series is the reply of the United states, as
follows: Sir,-I am directed by the President
to say. in response to your two notes oil CD
ruary 2sth and March I'd. that he notices
with the deepest regret the indisposltlon OK
Her Majesty's Government 70 agree upon
a mOdus vivendi for the preservation OF the
seals in Behring sea pending the settlemens
OF the respective rights OF that government,
and # the Government OF the United States
in those waters and III the fur seal fisheries
therein. The nited States claims an ex-
clusl' right 20 take seals IN portion OF the
Behring sea while Her Majesty's Government
claims a common eight to pursue and take the
ctaAo III bilO,c NAktls Ouboiut VI ehtSS-'Aa'@S
limit This serious and protracted contro-
versy 1t has now been happily agreed,
shall be submitted TO the determine
ton of tribunal of arbitration and the
treaty only was the action OF tho
| Senate Tho Judgment of tho arbitration
! tribunal cannot. however. be reached and
stated in time 10 control the conduct ot the
| respective Governments and of their citizens
during the sealing season of 1892, and the
urgent question now Is, what does good faith.
TO say nothing of international, comfy. 70.
! Quire of the parties TO tho arbitration! lt
the contention of this Government Is sustain
cd by the arbitrator then any killing OF seals
| by the Canadian sealers during this season IN
these waters is an injury u this Goyernment
IN its jurisdiction and property. The injury 10
not measured by the skins taken, but Affects
! the permanent svalue of our property. Was 1t
ever heard Of before. that one party to sncn
controversy whether a nation or an indiviu-
ual could appropriate the whole or any part
| OF tine income and profits, much less the 0ouy
| OF the contested property. pending the htiga-
ton without accountability! Usually court
! of chancery would place receiver or trustee
| in charge and hold the income of the property
for the benefit of the prevailing party.
You say that Lord Salisbury, rejecting
the illustration used by Mr.. Blaine. sug.
gests that the case is more like one OF
arbitration respecting title To u meadow.
While the arbitration is going on We cut the
grass all quite rightly for the grass will DO
| reproduced next year. and so WILL the seals.'
He can hardly mean by this illustration
that being IN contention with neighoor
| regarding the title to meadow
could 10y any precedent IN the equity
courts or b. any standard OF common
| honesty be justified in peTking the
whole or any part OF the gains OF harvest
with accountability 10 the adverse claimant
whose exclusive title was aiterward estab-
| lished. IL Is no answer tor the trespasser 10
say that the true owner will have an undimin-
ished harvest next year. Last years harvest
was his also. II by the use of the plural pro-
noun His lordship means that tho harvest OK
the ecOntested meadow Is 10 be divided between
the litigants, / beg 10 remind him that
the title OF the United States To the Pribylon
islands has not vet been contested and that
| our fnO does not iiOat over any senling vessol.
J The illustration is inaplicable in the further
particular tnaC the seals not taken THIS year
| may be taken next, while tho grass must be
| harvested or lost Tne proposition of Lord
! Salisbury 10 prohibit the Killing OF seals
within sea extending TO not more tnhii
thirty nautical miles around the Prybilof
| Islands is SO obviously inadequate ana 80 I'M
possible of execution that this Gofernnent
| cannot entertain It. The President can
NOT agree now that the terms OF arbitration
! have been settled: that the restrictions iDl-
| nosed shall DO less than those which OOth
governments declined 10 he appropriate when
il was still uncertain whether an early ad-
luStmpnt OF tho controversy Nho NiAAAh.A'i'.
He therefore hopes that Hex Malestys Gov
erment will consent t. renew the arrange
ment of last year with the .promptness which
the exigency demands. and to agree To forfeit
bv refusal all clearances TO sealing vessels Tor
tho prohibited waters and by calling from
these waters all such vessels as have already
cleared. This Government will honOrably
ebide the Judgment OF the high tribunal
which has been agreed upon, whether that
Judgment be favorable orunfavoraDle. and VIII
not seek to avoid Just responsibility for ANY
of IA acts which by that judgment are found
~ be unlawful. But certainly tho United
States cannot DO expected TO suspend the de-
! fense bv such means as are within its power
of. tho property and jurisdicuonal rights
claimed by ID pending arbitration and
10 consent 90 receive them from
that tribunal. if awarded shorn of much OF
theft value by the acts Of irresponsible per-
enns WILLIAM j. WHARToN.
Acting Secretary.
The arbitration treaty as laid before the
Senate names the following five points as sub
| mitted 10 arbitration.
What exclusive jurisdiction on the soa
now known rs the Behrlng sea am Wnas eA,
| elusive right in the seal fisheries therein did
| Russia assert and exercise prior and up 10 tho
tine of the cessi0n of Alaska 10 the United
>. How far we're these claims OF lurlsdic;;
ton as 10 the seal fisheries recognized ana
conceded By Great Britain
r Was tho body of water known as the
Rehring Sea included in tho phrase 'Pacihc
Ocean as used in the treaty OF l,25 between
Great Britain and Russia. and what rights; Il
anv in the Behring Sea were held ana exclu-
s,yeiv exercised by Russia alter such treaty.
4 Didn't all the rights Of Russia as TO Iurs-
diction and as To the seal fisheries IN the
Kehrine Sea east Of the.water boundaryln tho
treaty between the United states and Russia
of he 10th of March. 1867. pass unlmpared "
tba limited States under the treaty
& Has the nited States any right ana IL
| so what right OF protection or property IN
tbe fur seals frequenting the islands OF the
! limited States in Behrlng sea when such seals
are outside the ordinary limit
1he treaty further provides that II the de-
Termination OF the foregoing questions are To
| The exclusive jurisdiction of the United States
| snail leave the sub iect in such position that
the concurrence Of Great Britain is necessary
10 the establishment Of regulations for
the proper protection and preservation
of tie fur seal in. or habitnally
resorting TO. the Behring sea. the arbitFators
shall then determine what concurrent regu-
lations outside the jurisdictional limit OF tho
respective governments arc necessary and
over what waters should such regulations e1-
tend. The arbitrators are 10 meet III iaris-
THE AJLsSiIc FISHERIES.
OTTAWA. OST.. March 9.-The Goyernment
Yesterday introduced into the House OF Com
! Ifll ,,r,vi1tn.y for the renewal OF tho