Los Angeles herald., 1892-03-25

those islands; and it cannot consent
that, with indemnity or without, that
the contested rights OF British subjects to
catch seals in Bering eea shall be exer-
clsed pending arbitration. ~ ;.
"The president finds it difficult to
believe that Lord Salisbury is serious in
proposing that this government ehall
take separate bonds from the owners OF
about one hundred Canadian sealing
vessels to indemnify it for the injury
they may severally infict upon our
jurisdiction or property. and must de-
cline to discuss q suggestion which only
his respect for Lord Salisbury and his
belief that his lordship has due appre-
citation of the gravity of the discussion,
enable him to treat with seriousness.
We should doubtless have to pursue
and capture upon the sea many of the
owners of those vessels to secure
the bonds suggested, and as
the condition is to be that they
shall pay amy damages which the ar
bitrators may adjudge,' while the treaty
gives the arbitrators no power to ad-
Judge any damages, the transaction
would be without risk to them and OF
no value to the United States. This
government cannot consent to have
what it believes is its right, destroyed or
impaired pending determination by an
agreed tribunal, however adequate the
security offered.
"The reference in my last note to the
inconsistency OF her majesty's govern
ment in denying its responsibility for
the acts of Canadian sealers, was not in
tended to suggest any Willingness on our
part under any circumstances to use our
property converted into a claim for
damages, and particularly as such claim
cannot now be heard or determined
by the arbitrators without the reforma-
ton of the treaty. For his lordshlp
must remember that while he now Of
fers what he mistakenly calls security
for satisfying any damages which the
arbitrators may adjudge, he has already
carried his point in the treaty, that the
arbitrators shall have no Jurisdiction to
award damages.
"As to his lordship's suggestion that
Canadian sealers may have some claim
for compensation if Great Britain is re-
strained from pelagic sealing, the presi-
dent directs me to say that he is not
able to see how the citizens or subjects
of either treaty power can by any rule of
law or equity support any claim against
their respective governments growing
out of such necessary trade restraints as
the governments may lawfully impose
to promote larger conditions of public
good and international peace.
"The suggestion that the conclusions OF
the board of arbitration may not be
reached and announced IN time to gov
ern the conduct OF the parties during the
season of 1898, is, the president thinks,
iully provided against by the treaty
itself. Ii the present treaty is promptly
ratified and exchanged, our mutual in
terests would be an absolute guarantee
against delay. The president has found
no obstacle in the way OF such consum-
nation except the belief, now unfortu-
nately prevalent here, that the refusal
OF Great Britain to agree to the preser-
walton OF the status quo OF the property
during arbitration, and her insistence
that pelagic sealing shall 60 on, to the
injury, if not destruction, of our rights
largely defeats the objects OF the treaty.
"The president directs me to say, in
conclusion, that the modus OF last year
is the least this government can accept,
in reason; the restraints, after the
treaty of arbitration, should be more abb
SOluto, 0OC less. ne uOtS uOb ueslTo W
protract this discussion, and having
now in the most friendly spirit submit
ted to the consideration which the sup
port of the just demand OF this govern
ment that the property which is the
subject of the agreed arbitration shall
not be subject to spoliation pending
arbitration, he expresses the hope that
Lord Salisbury will give prompt and
friendly assent to the renewal of the
modus.
"The president will hear with regret
that her majesty's government continues
to assert the right TO deal with this sub
ject precisely as if no provision had
been made for the settlement of the
dispute, and in that event this govern
ment, as has already been pointed out,
will be compelled to deal with the sub
ject upon exactly the same basis, and
use every means in its power to protect
from destruction or serious injury the
property and jurisdctional rights which
it has so long claimed and enjoyed"
The president transmitted the CORE
spondence without comment.