The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-08-17

OF the Boring sea tribunal has yindicated
that great statesman from the unjust
charge that his contra boHss Bsores argu-
ment was sentimental ro.. AS matter OF
fact on aH the technical legal points In
We are given practical protection for our
property in seals in shape Of the very
stringent regulations which the tribunal
have drawn up and whose only justifica-
ton rests on the concession that Mr..
Blains's point that 10 refuse to protect
contrary to international good morals,
comfy and equity. was well taken.
Mr.. Blaine always rested the strength Of
our case not on the question of our right
Of marine Jurisdiction as obtained from
Russia, but upon the broad ground of pub
lie equity and international interest that
the whole civilized world ought tofeel In
the practical question of preventing the
complete extinction of the fur sea-. In his
correspondence with the British foreign
Office Mr.. Blaine always asked protection
for the seals on the broad ground Of inter
national right, justice and equity.
IL was only after Mr.. Blaine had rclin-
pushed the management of our case that
the treaty of arbitration was so shaped as
10 make the question turn principally
upon the validity of the claim TO exclusive
jurisdiction. which this nation was said 10
have derived from Russia. DIR. Blaine
saw that our claim TO exclusive jnrisdic-
ton over Boring sea would be rejected by
an international tribunal. and more than
three years ago he wrote the British minis
ter that the Canadian vessels arrested and
detained in the Bering sea were engaged
in pursuit that was in itself contra boaos
mcres, a pursuit. which Of necessity in-
wolves a serious and permanent injury
to the nights of the government and peo-
pie of the United States. To establish
this ground IL is not necessary to argue the
question of the extent and nature of the
sovereignty Of this government over the
waters of the Bering sea. The weighty
considerations growing out Of the acquisi-
ton Of Alaska. with all the rights on land
and sea inseparabiy connected Herewith,
may be safely left out Of view while the
grounds are set forth on which this gov
ernment rests its Justification.
OF the Canadian poachers Mr.. Blaine
wrote on May -. 1890: "They are not
only interfering with American rights, but
are doing violence ms well TO the rights Of
the civilized world"
Again, after comparing the Canadian
destruction of the seals TO the use of dyna-
mite among the fish colonies of the New
foundland banks. Mr.. Blaine demanded:
Does her majesty's government seri-
ously maintain that the law of nations Is
powerless To prevent such violations of the
common rights OF MANI Are the sup
porters OF justice IN all nations TO be de-
clared incompetent TO prevent wrongs so
odious and SO destructive7 The forcible
resistance TO which this government is
constrained in the BcFlng sea is. i'm the
presidents judgment. demanded no, only
by the necessity of defending the tPadi-
tional and long established rights of the
United States, bat also the rights of good
government and good morals the world
over"
Mr.. Carter. probably the ablest of the
American counsel. in his great speech for
thesAmerican case, followed exactly this
line Of argument laid down by Mr.. Blaine
early In the controversy. and his mastery
speech was a tribute to the grasp and fore
sight of B!aine's genius. Mr. Carter took
up our argument just where Mr. Blaine
left 10, on the high level of international
comfy, morality aud equity, aud ac-
cepted il as sound doctrine. and Mr..
Phelps in his closing speech for the Ameri-
can case before the Paris tribunal also
argued our side along the same lines that
were projected so strongly and resolutely
by Mr.. Blaine.
Mr.. Bayard defended his seizures OF
iss6 as az exercise Of municipal law upon
closed sea, but Mr.. Blaine rested our
claim on sound morals which should gov
eTn both men and nations. Our case was
oo'ched 40 Tar as the questions for decision
are found formulated in the treaty. bu,
this was not the fault of Mr.. Blaine. For
about year before the ratification Of the
treaty the management Of the bushes,
was not controlled by Mr. Blaine.
We were beaten on the claim OF exeiu.
sive jurisdiction OF Boring sea, but the
arbiieTs ln their stringent regulations for
IL
ment Of Mr.. Blaine. 80 ably reiterated hv
Mr.. Carter and Mr.. Phelps, shat the cir
camstanees and habits of the seal
justify more extensive police Ia.
Fisdistson than a marine league; thai
they are entstied TO international protsc.
ton. The sreiters rose 20 the level Of
Mr.. Blalne's argument, the victory on
technical Law poiats is with Great Briialn.
bat cor claim in equity projected by Mr..
Blaine. who asSea Salisbury in vain Tor a
sone OF nfsy Or siKsy miles, is granted,
and the practical purpose Of the arbltra-
tlen Is obsAine3.
The American plea as pat ,by Mr.. Car.
ter and Ar- PAelps vas identical with ina,
oS Mr.. Blaine, sAss pslassc sealing under
;he peculiar circumstance in Herring sea
was eeAsra Asaos ssorss. that il was
poTsGss which savagyel a ser,-
Gus ard permanent injury 20 the
Ttge;s at the government and reopls Of
tie United States and wAs contrary % the
rights 81 good government and good
morals IRE world over. The strsnr~n,
regulations are practically aa Affirmation
- shss position % NJ. blaine. of wAara II
aasy be said lAs,, IKE Lincoln and Grant
his tarae So . Statesman has groxn
steadily slRcs hss death
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