The National tribune. [volume] (Washington, D.C.) 1877-1917, 1892-03-31

His Lordsp must remember that while he now
offers what he mistakenly calls security for salts
| Tying any damages which the arbltrators may III.
judge" lie has already carried his point in tine
treaty that the arbitrator shall have jurisdiction
to award any damages
As to his Lordsbip's suggestion that Canadian
sealers may have some claim for compensation u
Great Britain shall restrain pelagc sealing, the
President directs me TO that he is not able &c
see how the citizens SUBJECTS of either the treaty
powers can by any rule of law or equity support
any claim against their respective Governments
growing out Of such necessary trade restraints MS
| the Governments may lawfully impose to promote
the larger conditions of the public good ana inter
national peace.
The suggestion that the conclusions of the board
OF arbitration may not be reached and announced
In time To govern the conduct Of the parties curns
the season of 1898 is, think fully prov ided agalns
by the treaty itself.
HIS LORDsHIP IS MISTAKEN
as to the time that has elapsed since the signing OF
the Deiagoa Bay agreement with Portugal IL 1s
not four years old. but less than one the date OF
signing being June lS 1891.
1T the present treaty Ia promptly ratified ana e1-
changed our mutual interest would be ample guar
ansee against delay. The President has found no
obstacle In the way of such contamination, ex-
cept the belief now unfortunately prevalent here.
that the refusal of Great Britain to agree to the
preservation of the Status quo of the property dur
ing the arbitration, and her insstence that peiagic
sealing shall go on to the injury if not destruction,
of our rights largely defeats the object oil the
treaty.
The President directs me to say, in conclusion,
that the modus of last year is the least that tins
Government cnn accept. In reason, the restraints.
after treaty of arbitration should be more ab5o-
lutte. not less. He does not desire to protract this
discussion, and having in the most friendly
spirit submitted the considerations which support
the just demand of this Government that the prop
erty which is the subject of an agreed arbitration
shall not be subject to spoaton pending the arbi-
traton, he expresses the hope that Lord Salisbury
will give n prompt and friendly assent to renew
the 1nOdMS.
The President will hear with regret that Her
Mhlesy's Government continues to assert right
to deal with this subject precisely as If no provision
had been made for settlement of the dispute; and,
In that event, this Government, has already been
pointed out, will be compelled to deal with the
subject upon the same basis and to use every
means in its power to protect from destruction or
serious injury property and jurisdictionai rights
which it has long claimed and enjoyed.
j have the honor to be, with the highest consid-
GRAFTON, sir, your obedient servant,
WILLIAM f. WHARTON,
Acting Secretary.
Salisbury to Pauncefote.
Lord Salisbury under date of March 26, has
replied as follows to Sir Julian Pauncefote. in
response to Mr.. Wharton's note of March %:
5 In reply to your telegram of the 23d instant.
Notice has been given to owners OF ships sailing
for Boring Sea that both agreements at present
under discussion between Great Britain and the
United Sates-that as to arbitration and that as to
an intermediate arrangement-may affect liberty
Of sealing in Bering Sea. They have, therefore.
notice of their liability of possible interruption,
Of time is not, therefore, urgent.
Inform the President that we concur In think
ing that when the treaty has been ratified there
will arise new state Of things Until it is ratified
our conduct is governed by the language OF your
note of 18th of June 1850. But when it is ratified
both parties must admit that contingent rights
have become vested in the other, which both de-
sire to protect We think that the prohibition OF
sealing. if il stands alone will be unjust to British
'ealers if the decision of the arbrators should be
ADVERSE TO THE UNITED STATES
L.a
,afed, to agree 10 an arrangement similar to shat
,f last year If the United States will consent that
he arbtrators should, in the event Of decision
adverse to the United States assess the damage
which the prohibition of sealing shall have inflicted
IN British seaers during the tendency of the arbi-
ration and, in the event of decision adverse to
treat Britain should assess the damages which the
imitation of slaughter shall during the tendency
If arbitration, have inflicted the United States
'r its lessees. AS alternative course, are also
Wiling, after the ratification of the treaty. to pro-
libit sealing in the disputed waters if vessels be
Exempted from prohibition which produce GER
iflcate that they have given security for suc dam
geS as the arbtrators may assess in case OF q de-
ision adverse to Great Britain, The arbitrator to
eceive the necessary authority on that behalf. In |
his case restriction OF slaughter the islands |
will not in point of equity, be necessary. Her |
Iajestys Government are unable TO see any other |
han one of these two methods of restricting seal |
uniting In the disputed waters during the arbitra-
ion, which should be equitable to both parties.
later note from Lord Salisbury to Sir Julian
'auncefote, dated March 90, says:
With further reference to your telegram of the
I'd instant, am
NOT PREPARED TO ADMIT,
g gather that the President thinks that we have
biected TO the arbitrators having jurisdiction as to
amages inflicted in the past by the party against
,hom the award is given. / only objected to Her
fajesty's Government being liable for any acts they
ave not committed. / am ready TO consent to n
eference on this point on the following terms:
That in case the arbitrators shall decide in favor
the British Government, the Government may
SIX them further to decide whether the United
tates Government have, since 1885, taken any
elton in Boring Sea directly inficing wrongful
,ss British subjects, and If 80, to assess the
amages incurred thereby.
That in case the arbitratora shall decide In favor
the Government Of the United States. that Gov
,nment may ask them TO decide further whether
lie British Government have, since 1885. taken any
.tion in Bering Sea directly infiicting wrongful
the United States their lessees, and if SO,
assess the damages incurred thereby.
The note Of Sir Julian Pauncefote of juno
|, 1890, referred to in Lord SalisbuIys reply
the goth inst, is as follows:
WAsHIgGToN, June II, 1890.
SIR: With reference to the note which had the
1nor 10 address 10 you the lith instant desire
express my deep regret at having failed up TO
e present time 10 obtain from you the assurance
hich had hoped To receive. that during the con-
nuance of our negotiations for the settlement Of
e f,irsea fishery question British sealing vessels
ould
NOT BE INTERPRETED WITH
United States Revenue cruisers in the Berng
IN outside of territorial waters.
Having learned from statements In the public
'ess, and from other sources, that the Revenue
users Rush and Corwin about to he dis.
.tcied TO the Boring Sea, cannot consistently
ith the instructions have received from my Gov
nment, defer any longer the communication of
cir formal protest, announced in my notes of the
d ultimo aud the 1lth instant, against any such |
with British vessels.
/ have accordingly the honor to transmit the
me herewith have, etc,
JULIAN PAUNCEFoTE.
tInclosure.l
PROTEST.
TReceived June II, 1885. 1890
The undersigned. Her Britannia Maiesty's Envoy
Extraordinary and Minister Plenipotentiary 10 tie
nited States of America has the honor, by in
ruction Of his Government, to make to the Hon.
mes g. Blaine, Secretary of State of the United
ates, the following communication:
Her Britannia Maiestys Government have learn
with great concern from notices which have ap.
cared in the press. and the general accuracy of
hich has been confired by Mr.. Blnines statement
the undersigned, that the Government OF the
ni,ed States have issued instructions to the Reve
lie cruisers about to be dispatched TO Beriug Sea.
lder which the Of British subjects will
rain be exposed in the prosecution of their leeiti-
ate industry on the high to unlawful inter
renee at the hands of American officers.