The times. [volume] (Richmond, Va.) 1890-1903, 1893-08-16
ton of the laws Of the United States

tion Of the laws OF the United States
therein"
Annually since the enactment Of this
law the President Of the United States has
Issued his proclamation accordingly, and
in the year 1859 the revenue cutters again
seized vessels disregardng Its provisions,
capturing In all six. five Of which were
British.
In the month Of June, 1891, the United
states and Great Britain agreed upon the
modus vivendi, under the terms OF which
both governments undertook to protect
seal life In the waters of Behring Sea.
and In May, 1892 and i893 this modus was
renewed for the season.
IL Is asserted that the United States
courts. whenever the question has come
up before them, have refused TO interfere
with the executive branch Of the govern
ment In Its Interpretation of the treaty OF
1861 and OF the laws Of Congress enacted
on the basis OF what the United STATES
acquired by this treaty.
Inc question as TO the legality Of the
seizures OF British vessels within the eass-
ern portion Of Behring Sea, outside OF the
three-mile limit. came I'D for decision Re-
fore Judge Dawson. of the United States
Court for the District OF Alaska He sus-
tained the action OF the United States.
In his case for the United States Agent
roster said: The foregoing references are
made in order to show, first the under
standing which existed in the United
States at the time of the purchase and
cession of Alaska as 10 the scope and
effect Of the jurisdiction exercised by
Rus la over the waters Of Behrine sea
and the enhanced value which was there
by placed on the fur seal nerd OF the
Prbylof Islands, and aecond, that the
la
tinred TO exercise the same jurisdiction
for the purpose OF protecting the herd.
But In determining what right Of pro-
lection 80 property tins Government has
In the fur seals frequenting the islands OF
the United States in Behring sea when
such seals are found outside Of the ordi-
nary three-mile limit, II is not compelled,
neither does II intend TO rest its case
altogether upon the Jurisdiction over
Behring sea, established or exercised by
Russia prior and up to the time OF the
cession OF Alaska. II asserts that quite
independently Of this jurisdiction It has
right OF protection and property in the
fur seals frequenting the PnbilOf Islands
when found outside the ordinary three
mile limit. and II bases this right upon the
established principles OF the common and
the civil law. upon the practice Of nations.
upon the laws of natural history and
upon the common interests Of mankind"
Agent Foster concluded his argument
as follows:
That should II be considered that the
United States have not the full property
or property interest asserted by them, II
be then declared and decreed to be the
international duty Of Great Britain TO
concur with the United States in tie
adoption and enforcement against the
citizens OF either nation, OF such regula-
tions to be prescribed by this high tribu-
nal as will effectually prohibit and pre-
vent the capture, anywhere upon the
high seas. of any seals belonging to the
said herd
Soon after the receipt at the State De-
partment to-day of Mr. Fosters dis
patches word was sent to Secretary Car
lse who has supervision over the Seal
Islands In Behring Sea, and he hastened
TO the State Department 10 confer with
Secretary Gresham I'm regard 10 the decis-
ion He was followed soon after by Sec
reiary Lamont. and the three Cabinet
officers remained In close consultation for
at least an hour the result OF which vas
the sending Of n telegram 10 the Presi-
dent at Gray Gables acquainting him with
the substance Of the decision.
Although none OF the three ministers
named will talk for publication, it was
said that they were Of the opinion hat
the United States had sustained a practi-
cal defeat on ali material issues
Some surprise is expressed at the state
ment In Agent Fosters telegram that the
American arbitrators are satisfied with
the decision. inasmuch as the establish
ment Of protected zone and the regula-
tions for pelagic sealing are binding only
on the two contracting parties-Great
Britain and the United States-and would
not prevent other nations from entering
waters now officially declared IAN open
seq"
State and Treasury officials. approached
to-day by a reporter. requested TO be
excused from expressing any opinion on
the subject at least until after they had
mad an opportunity Of reading the fun
decision, so as To get a better understands
ing OF its import and effect than was
possible at present.
Ii is said that an adverse decision as
TO the claims Of the United States 10
jurisdiction was anticipated. by the ad-
ministration, and that the result. there
fore, is no surprise. TEere is however.
some disappointment that :he limited
States did not gain it's whole point I'm
the matter Of regulations insuring the
protection Of the seals from pelagic seal
Ing in and outside of Behring Sea. This
contention was made In the interest OF
the preservation Of the species, and it
was argued that without some such pro-
hibition the seals would undoubtedly be
slaughtered unfortunately and exter-
minated.
There is no redress for the United
States In this matter. Article XIV OF
the treaty provides as follows:
The high contracting parties engage
10 consider the result of the proceedings
OF the tribunal of arbitration as a fun.
perfect and final settlement of all the
questions referred TO the arbitrators"