Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-09

skins taken. but affects the permanent value Of
our property. Was 1t ever heard before
that one party to such q controversy,
whether q nation or an individual, could
income and profits, much less the
body Of the contested property, pending the
| litigation, without accountability? Usually
court Of chancery would place a re-
ceiver or trustee in charge and hold
the income Of the property for the ben
eft of the prevailing party. You say that
Lord Salisbury, rejecting the illustration used
by MIR. Blaine. "suggests that the case is more
IKE one OF arbitration respecting title to q
meadow While the arbitration is 60
rightly, for the grass will be re-
produced next year and so will the seals" He
can hardly mean by this illustration that being
In contention with a neighbor regarding
the nhe to meadow he could by
any precedent in the equity courts or
by any standard OF common honesty be lust
ned In pocketing the whole or any part of the
gains OF harvest without accountability to the
adverse claimant whose exclusive title was
aiter"ard established. 1t is no answer
the true s oTasr w' IL hay have that
undiminished harvest next year. Last year s
harvest was his also. II by the use Of the
plural pronoun his lordship means that
the harvest of the contested meadow is
10 70 De divided between the itsants
the United States to the Pribyloff Islands has
not yet been contested and that our flag does
not noat over any sealing vessel. The illustra-
uon Is inapt in the further particular that the
seais not taken this year may be taken next,
"niie the grass must be harvested or lost.
This government has already been advised,
IN the course of this correspondence.
tnat Great Britain repudiates all obligations
10 indemnify the United States for any
INVASION of its jurisdiction or any in
NM - e. A.kv hxy tIa
Canadian seaiers. The attempt to make a dam
age clause one of the articles OF the arbitration
agreement failed, because her niajestys gov
eminent would not consent that the question OF
Its stability to indemnify the United States for the
injuries done by the Canadian sealers should
be submitted. Two extracts from the cor
respondence will sufficiently recall the attitude
OF the respective governments.
Mr.. Wharton then reviews the correspond
ence Of the summer rejecting liabilities for
damages and says: 1.-THE President cannot be-
heve that, while holding this view Of its ac-
countability, the government of Great Britain
VIII, pending the arbitration, counte-
nance, much less justify or de-
fend, the continuance Of peiagic sealing by Its
subjects. 1t should either assume RESPONSE
billty for the acts Of these sealers, or restrain
them nom pursuit, the lswfulness Of which is
to be deter mined by the arbitration"
Before an agreement for arbitration had
been reached" the letter continues, 1.-THE pro-
hibltion OF peiagic sealing was u matter Of
comfy; from the moment Of the signing Of
that agreement it became, in his (the Presi-
dents) opinion, a matter Of obligation"
The letter then goes on to show from the sta
tistics Of last season the dangers of utter ex-
tinction of seals and says: "Ihe proposition Of
Lord Salisbury to prohibit the killing OF seals at
sea, within zone extending to not more than
thirty nautical miles around the Pribyloff
Islands, is SO obviously inadequate and so i'm
possible Of execution that this government can
not entertain it.
This government will honorably abide the
judgment of the high tribunal which has been
agreed upon, whether that Judgment be fayora.
bic or unfavorable. and will not seek to avoid
justresponsibity for any of its acts whichby that
judgment are found to be unlawful. But GER
tainly the United States cannot be expected to
suspend the defense, by such means as are
within its power, of the propriety
it pending the arbitration, and to
consent to receive them from that tribunal il
awarded, shOrn of much of their value by the
acts of irresponsible persons.
81 have the honor to be, with the highest con-
sideration, sir, your most obedient servant,
CIVILIAN F. WHARTON,
"Acting Secretary"
THE TREATY IN THE SENATE.
The Senate committee on foreign relations
today spent an hour in the consideration of the
Bering sea arbitration treaty. While
1t was practically decided that the
treaty should be reported to the Senate
with a recommendation that it be approved no
formal action of that nature was taken, as the
committee believed that the prudent course
would be to await the reception from the Presi-
dent of Lord Salisburys reply to his last propo-
sition looking to renewal OF the modus
vivendi.
1t is proposed by a number Of Senators to
accompany the resolution Of ratification by a
resolution directing the President to withhold
the exchanging OF Publications until the gov
eminent Of Great Britain consents to renew the
modus vivendi