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Les diagrammes suivants illustrent la m^thoda. rata 3 lalure. 3 32X 1 2 3 1 2 3 4 5 6 T hit sl| seal worl vain 1' p'£^2 \ u mitt.i i>i.i|litt\Tr« OC » nr^VTPOATWPaV 7R7 TllK J{i<:iIUI\{i SKA (ONTKOVKKSY DY TUB HON K .1 I'lIKI.I'S 1">11K question iiivolvod in what is <'ull- »mI llic! Holiriii); Scii (Miiiln)vci"sy may Im) Kluteil ill few words. Tlie Ala.sije:h the sea. during iireeding time, to the rribyloll' Islands, which form a part of Ala-ska, where their young are productMl and reared. More sagacious and |)>-culiar in their habits than most animals, and almost iiiiiiian in .-ioiiM; of ihi'ir instincts, this process of seclusion has become essential to successful prop- agation. It must biii for sev- eral years |)ast for certain Canadian ves- sels lilted out for the purpose to iiiterce|)t the seals on this passage while outside of the three mile line, and to shoot them in the water. Many of thi' animals thus de8troye•.. aRiA, ac. :ji»;.u- {' ti( "I fo VC til I).. th an JM'l .sli of l>y tri. of Hot IIH- Ca tioil V I THK BElIHINa SEA rONTJiOVEHSY. 7f57 II cortiiiii prnfU in llio hiisinoss, iiiliuiniiii iiiid \va.sl<>fiil as it is. lint tin' necessary I'osiilt. of it. if coiitiiiiu'd, will ho llie ex- Icniiinatioii of the seals in Alaska witliiii a very short, lime, tho destniolion of the iiilerosls ami imiiislries di'peiident h]k)ii tii(>m, and in a larjje M)oasiire the with- diMwal of th(^ fur seal skin from com- mi-rco and from use. Tho certainty any was able to se- cure only 21, out) seals."' Tli(! simple question presented is wheth- er the United States t^overnment has a riffbt to protect its property and tho busi- ness of its pe()|>|e from Ikis wanton and barbarous destruction by foreijciu'i-s, which it has made criminal by act of Conjrr( be a part of thti open sea aH'ords an immunity to the |)arties enj;a}red in it which the {gov- ernment is bound to respect. To the or- dinary mind this (piestion would not ap- pr; >• •() be iittendfd with much (lifllculty. DurinjT the administration of President Cleveland, and as .soon as these depreda- tions wt re made known, our sovei-nment a)>plied to that of (treat Hrituin. sotting forth tiu! facts, and nroposing that a con- vention should be entered into between tho two mvtions, in which Uussia should be invited to .join, limiting tho season of the year in which seals might be taken, and prescribing a close time covering the l)eriod of breeding, within which they should nut be molested: tho ])rovisions of tlie convention to be carried into eU'ect by suital)le b'gislation in the three coun- tries, ami under the coricurrenl autiiority of their governments. This proposal was not met on the part of tho British govern- ment by any assertion of the right of the Canadians to ;'.estroy the seal in the man- ner comp!-iiue(l of, or by any v lica- tion of tho propriety of that business. 1153 434 The expediency «)f tho convention was ut once conceded, and the concurreiu'e of Great Britain promised; and the United States government was re(iue«ted to pre- l)aro and furnish a draft of such regula- tions as were deemed necessary tc accom- plish the object. Such a draft was soon after transmitted, and no ijiu'stion ever arose between the governments in respect to its details. Tho Hu.ssian government, whose concurrcn(!o -n tho convention was invited through its ambassador in Lon- don, at once agreed to join in it, and ex- ))ri's.sed its desire that the agreement should be consumnnited as soon as ])ossible. It was supposed on the part of the American government that the whole matter was satisfactorily arranged, and only awaited tho execution of the formal agreement, and the passage of the proper legislation by Parliament aiul by Congress. But after a consideral>le delay it trans])ired that an unexpected obst.iclo had arisen. It came to be understood that Canada, \vho.se i)eoplo wore carrying on tho busi- ness in (luestion, declined to tussent to the establishment of the jiroposed restric- tions upon it. Having no interest what- ever in the preservation of the seal, nor in the i)roperty to which ^it gave value, they preferred to make such proiit as they could out of its extermination. And this, after some time spent in what was no doubt a sincere etrort on the i>art of the British govei'ument to overcome the objections of Canada, brought the attempt at a con- ve.ition vii'tually to an end. These facts are taken froin tho pulflished desjiatches of the Ajnerican Miiu-iter at London to his government, without attemi)ting to state anything not already laid before the l)ublic. < The laws of all civilized nations, based upon tho ordinary dictates of humanity as well as ujwn tho requirements of self- interest, accord to all wild animals bonod- cial to mankind and not noxious or mis- chievous, protection from destruction diu'- ing the necessary jieriods of gestation and of rearing their young. Under the provi- sions of such game laws .as everywhere l)revail, a man may not slay during that time, even upon his own land, any of tho.so deni/ens of forest, field, or stream, which the C'reator has ))laced there for tho benefit or sustenance of man. The wooiib<. more tlioroiitrli- ly t'lifoiH'ed, or iiiin'o iitiiv<*rH4illy i-c-MptM-ti'd tliaii ill (in'at Hrilaiii. It would bcditii cull to f'xajrirfnilf llio l)arl)arity or the wastufuliioHs of ilic Hlaiitrjitorof wild cn-a- liirt's wluMi lifavy with yoiimr, so liarm- less, HO iiitciH'stiinr. and so usi-ful as llicso, by the dcslriiction of two livcH for half tho jjroper valiu' of one, and that ono Haved only half tlio time. If the law of htiinanily does not t<>riiiinat(> with human' ity, and \(>r them, beyond three miles from the coast, any ])aram(>unt jurisdic- tion. This pfcneral proposition will not be questioned. The Secretary of State in liis correspondence with ihii Uritish >r<>v- ernnieni dm this siiitjeci. has undertaken to maintain that tlie.se waters ar«' not. ;is between that country and the United States, a part of the hi>rh or oj)en sea; that by the former treaty between (jfreat Britain and Russia, a rijrht of jurisdiction over them was reserved to the i.'ittc r .ouii- try. and was cre seems to be nolliin^left to be add- ed ill eitlier particular. It depends princi- pally upon historical evidence, which must be closely examineil to Ih' understood; and that eviden<'e certitinly tends very strongly t<> support the result that is claimed by the S4'<'retary. II in this p^.ni tioii he is riu:lit, it is the end of the <'ase. liecaiise it hriii(rs these waters, as at''aiiist Great Britain at least, within the territo- rial jurisdiction of the United States, not by their K'eoK'raphical situation alone, but by the virtual itrovisions of the treali<'S ammit; the hi^h contracting powers con- cerned. But sup)>o8e that upon this (picstion Mr. Blaine is wi-on(f and Lord Salisbury is rifht. and that tin- waters between the mainland and the I'ribyloH' Islaiitlsout- siile the tiireeinile limit are to 1m' rej^-ard- ed as a part of the open jea. In what does the freedom of the sea consist ? What is the use of it that individual en- terprise is authoriited to mak<>, und(M' that international If^v which is only )|i<^ com- mon coiutent of civilization i Is it the legitimate pursuit of its own business, or the wanton destruction of the valu- able interests of nations^ If the >r"vern- inent of the United States is restrained by any principle of law from prolectinjf itself and its citizens apainst this (rreat loss, it must be Ijiicause the t'anadiaii shipowners have a ri^-lit to inllict it. That is to .say, that these acts, ))rohibited by American law, unlawful to Canadians wherever territorial jurisdiction exists, wliicli would !m' sjM'cdiJy made unlawful within tlu-'ir own territory if any seals ex- isted there, and which are wanton and destrm-tive everywhere, become lawful and ri^ht if done in the open sea. and are therefore a i)ro;ier incident to the free- dom of the sea. The clear stalenieiit of this proposition refutes it, in the minds of all who are capable of a sense «)f justice, and able to discriminate iHstweeii rijrht and wroMtr, The freedom of the .sea is the ripfht to pass and repa.ss upon it with- out liinderance or molestation, in the pursuit of all honest btisineiis and plea- sure, and it exteiicls no further. It never authorizes injury to the ])roperly or just riffhts of others, which are as sacred at Bcu as on shore. This colony of seitis, a I be cl it th il re til ill! d* tin hot })(., ten pr. set THK HKnHIN(i SKA CONTItOVKKHY. 709 ill Ihoir IIKIlt of •cst'iiU'tl I'lirlH'.HS, s |iriiu'i ell iniiKt (•rsl«)(>t loiM'. but . in'alU'S vern coii- Siilislxiry wfcn tlie laiiilsoiit- )«■ icnarJ- Iii what. coiiKist ? vidital <'ii- ui(i(>r tlial J- ilu' coiii- 1h it llio business, till' valu- llC irilVt'l'll- icsUiiinetl j)i-(»U'<'linK I Ins jrri'ut C'aliaduiu iiitlict il. l)i((liil)itoil, and iinal)le to exist without a iionie u|k>ii some soil, Im'Ioihj to the |tro|irietoes of the soil, itnd are a part of their |iro|MTty ; and do not lose this (|iialily hy passin;,' from one part of the territory to anoth er, in a rcf^ular and |)eri|H'n to wander into it, and then only while th<>y remain there, iiiit the seal is in no sen.se a fish. As lias lM>en |M>int<>d out, il does not remain in tli<> sea, but has a habitual abiding- place upon the land, to which it re(riilurly resorts, ami where it may Im* said to Im;- lonir. Hut even in tlie pursuit of lishin)r in the o|KMi sea, let lis sup|>ose that the peo- ple of one country siiould inventa ineiliod so wasteful and so destructive as neces- sarilr to result in the s|)ee that method of lishinp: in waters adjacent to the territories of another na- tion, thou^'h three miles fi-om land, to t)ie <'ertaiii ruin of iis establish(;d indus- try and of one of its im|M>rtaiit means of susttMianc*^ and of revenue. Would that nation and othei-s inteit>sted in the pres- ervation of lish l)c com|Me deprivetl of its IxMielit, because no one of them has a rijrht to close iipor control the o|K'n s<>a? Or would it 1k> likely to be di.sc-overed that rifrlits on the sea, like nil riirhts i-ecofjni/ed by civ- ilized law. must lie exeiriscil with a due retfard to the ri|rhts of others; and that the common ri^jlit of free lishin(; did n(>t include th ritrlit of wanton and barbarous destruction of all lishery < l)oul»iless in that ca.se as in ibis, some lawyers would be prepared to demonstrate that, much as the calamily mipht Im^ deplored, there was really no jirecedent to Ik; found in the books for any interference to prevent it, because no such wronp had ever Ix-en at- tempted iK'fore; and to |K)int out that to ])ro<'eed without a pi-ecede; t would be to st't all jurisprudence at naught. I'l-ece- dents illustrate principlcH, but do not cre- ate them. The.v are only valuable so far as they display the application of princi- ples to new ca.ses. 'I'liey do not ari-^e out «)f rights. Imt out of allem|ili'd wrong's. A ri(rbt cannot obtain the sanction of a pre- cedent, until it is invaded. And an in- vasion of a ri)rhl is not without redress, tboiiirb it may never have been invadi-d in the same way before. 'I'licre must al ways b(! a tii'sl case, but not necessarily therefore a remediless case. When the case arises that justilies a prec<'dent, the occasion for making: il should be availed of, for tlie sake of the law, as well as for the sake of the rij;lit. When the extent to which the sea may be Used, and the purposes for which its ])alhless lii;;'hwa.v may be emplovrd, are considered in ihe iiylil of the rules that have Imm-ii established by the jjeneral <'on- sent of mankind, it will bu seen tiiat the freedom of the sea is lar^rely a li^rure of speech. It is not free, it has never been free, for any purpose whatever, injurious to the ri(^lits, the property, or the honor of a nation able to defend itself, or oven to llios<' interesis of a nation which are paramount in importance to the mere prolit to be made out of an otherwise lawful act that endangers them. Ki^'hU uixni the sea are nior(! restricted by <'on- siderations of that sort than any other ri^'bts that are enjoyed by mankind. And the rijrhts of .self defence there iH'e broad- er, and are measured by a more ai'biirary standard. Of the occasion, the necessity, ami the extent of self-defence, every na- tion must jiidp' for itself, since lliei'i' is no common tribunal to ajipeal to. and no re- dit'ss to be obtained except such as it shows itself able ami determined to exact. The restraint upon it. in so doiiif.'. is found in the treneral opinion of the world, jriiided by admitted |>rinciples and established usayfes. Were il desired to extend lUi'.sc observations into a tre.ilise nixui the free- dom of the sea, il woiihi n(.t be dilliciilt to show how numerous are IIk^ restric- tions to which that riirht has been sub- jecled, and in how wide an analoiry the necessity on which they stand linds illus- tration. The coiiet>ssion to every ('(..intry borderinp upelligerents. Freij,'ht be- lonffiu}; to j'ilizens of either of the conn- tries at war has been subject to be taken by the other beliifrerent out of neutral sliips. The rule that the neutral lia^ covers the carj^o, if it may l»c said to be established, is only of recent general and settled only 1)6- rause thi>y have been insisted on and en- forced by nations to whose emergencies they were neces.s.iry, nuirilime history abounds with examples of the application of the same ]>rini'iple to special ca.ses claimed to be within its scope, which had never occurred before, and were not like- ly to occur again. The theoretical rights of individuals upon the sea always have been and always must be subjet^t to be limited, even in the pursuit of proper and justilialjle business, by the just necessities and reasonable reipiirements of nations. The sea is the cuiuiuon property of man- kind, nnd all rights upon it nro qtialifled rights. Hy no nation in the luHtory of the world has this |)rinciple been more fre- (|uently or more resolutely a.ssei-ted than by (treat Ib-itain. She has n«n'er |)ermit- ted any abstract theory of the freejlom of the high sea to )M*<-ome a justitlcntion for inllicting serious injiu'ies upon her interests or her property, for the sake of the trilling prolils to Im; reali/.ed by the as- wiilant. 'I'he instance cited by Mr. Ulaine, in theconimiinication before mentioned. of the act of Parliament passed dining the captivity of Napoleon upon the island of St. Helena, forbidding ships of other na- tions, as well as those of (jreat liritain, to trade with or touch at the island, or to hover within eight leagues thereof upon the sea, under penalty of seizure and for- feiture, is but one among many illusitra- tions of this policy. That iiixni ordinary principles the high sea could not be closed to ships of other <'ountries for the dis- tance of eight leagiu's from the shore, was clear. It might have been plausibly ar- gued as a conseijuence, that if a foreign ship-master chose to i-arn his charter mouthy by waiting on the high sea in time of peace to transport Napoleon to France, if he happened to make his escape fi-om captivity by his own etl'orts and to reach the shii> in safety, that was a busi- ness lawful to any person not amenable to British law, and who in transacting it did not invade British territory. Sti-ictly, all this was true. Hut where the conse- quences to (li'eat Britain as well as to the rest of Kuro]M' miirht have been .so serious had the Kmperorbeen enabled again to lake the field, and to involvi^ tlio.se countries in war. it was justly felt that no consider- ations of j)rivate money-making should authorize the use of the sea for such a pur- ))ose. Nor has the action of (jieat Britain, in taking these extreme precautions to pre- vent it, ever l)een condemned, though it in- volve tin' COIIM'- (.11 as to tho 'II so sfi'ioiis tjraiii to take sc count rit'S no coiisidcr- kiii^f should siicli a piir- ical Britain, it ions to |)rc- tlionj^'li it in- c,Minst a pnr- imd pcrliaps, meritorious. 11 1S:{7. when iclioont'V into d and huiMod i«> of its crt!vv, le ImsiiiPss oi II finllioranco s another ex- •iiiciple. Tho u clear viola- tio!i of the rules of interiiiitional law, which prohibit a iroKilmtaiit from pursu- inj; it8 eiieiiiy into neutral walvrs. was jus- tilb'd by the Itiiiisli (roverniiieiit upon the (ground of netM-Hsary self -milo limit and in the admitted o|m>ii sea. is directly in poin'. Is it to be supposed that if such vessels were enjraned, not in leifilimatc jxyirl lishin^, biit«in some method of de- struction which must necessarily e.xtermi- iiate the i)earl oy.ster. and briiij'' the wlmle industry to an end, they would Ihi per- mitted by Great Britain deliberatei.v to accomplish tluti the plea that in so dointj they were still keeping thems<>lveM within the limits of the open sea ! Or would any fair mind contend that such an excu.se would amount to a justification ? If the ca.se «)f the Aliwkan seal fishery was I'i'versed : if (ireat Britain was the proprietor of it. and American ])oachcrs were alUMiiptintf its extermination, a.s a pretended iii(;idenl to the freedom of the sea; if a remonstraiK'e adtlressed to our goveriinienl Inul elicited the admission that the acts complained of outfht to be restraimd, but that the government for political rea.sons was unable to effect it, it is perfectly certain that the sul).ject would pass very s|M'edily out of l\u\ tlo- main of speculations in abstnvct interna- tional law, and our (fovernnient wmld be apprised, that if unable tordiiiates, in .'ase of clear necessity, the absliufl ri^lit of indi- viduals upon the hi^^^h .si'us lo lin' prescr valioii of imporUml national n^rjiis and in- terests, that are broii^^ht into |MM'il for the purposes of private tfain. Ifa nriiiciplesu obvious in its propriety ami so neces.sary in its application needs to he siipiiorted by precedents, tho.se set forth by one of the most enli^'htened of nations, and the first maritime power of the world, are surely entitleeen eniraifed in. The (piesfioii is not one of al)stra<'l ilio \n\>- hibited. She has in former yeai-s enter- ed into a convention with Norway, which is still in force, for establisliintf a close time lor the seal fisheries of that region. in which British and Norwcfjian vessels participate. Were only British instead of Canadian vessels concerned in the seal- intr business at Alaska, the convention would lony: ae:o have been coinpieted. The interests of Great Britain are on the 778 lIAIU'EU'f* NKW MONTHLY MAUAZINK. 1 1 Hide of t)i(> pro8crvutioii ut tlio hoiiIn. TIi<> iiiaiiufiifliir«'s uf will skill arc ii vt-rv liir>j« inr('ial value of tliu prtMl'ict, Orciit Hrilain Iidh a lar^'cr int(«r<-Nt tlian any olIuT country. Tlii! relation between (treat Hrilain and Canada is very pcciil iar. In tlHM>ry ttic latter \h a Hritsh col- ony. In fad it is inde|»ondeiit. Groat Hritain can exercise a certain intliience over it, Imt lias no means t)f govern- mental <'ontrol. An attempt t«» over- ride tliu Canadian t;ovi>rnn)cnt is not lik(>- ly. to be made, and would not succeed. The Ctovernor-tieiiera! is but a di^'nilieil lif^niH' 'lead, with l>iit little real author it.V, and is not expected to allow him- Hclf to be d"uwn into collision with the |)rovincial government, or with Canadian public opinion. In matters like that under discussion. Canada takes her own <'ourse. In littiuK out ships to take seals in the Hehrinjj Sea, she asks neither the con.spiit nor the advice of the mother country, nor does that country or its peo- ]>Ie share the pi-otit or loss of the advent- ure. Our controversy on the subject is really with Canmla. and not with (treat Britain. I3nt in com]>laiMini; a^rainst the depredations of these crui.sei-s we can only address (treat I'.ritain, who thus stands between us ami Canada, not as an um- pire, but bound to Nup])ort the claims of her colony so far as she can, aimpelled to, any ritj-hls for wl eh the colony contends. She may Ik» i.inal)le to concur in its jus- tice, but is not called upon to say so, as lonjT as the question can 1)0 evaded. The conse({uenco is, in such a case, that her Majesty's ministers temporize and delay; they eiifrii{;r'' '•• the dis«'ussion of abstract and iiicidenlnl <|uostions, or transmit the contentions of the colonial trovernment, without committiii}^ themselves direct- ly upon the decisive ])oint on which the controversy turns. They courteously, slowly, antl diplomatically evade the real issue, and decline to concede that the col- ony is in the wroiij''. well knowintr by exjiei-iencc, that whatever administration may be charfred for the time beinjf with the government of the United 8t4ites will, in the efforts it makes to assert its rijrhts, encounter the hearty c'ondemiiation of the {)olilical party opposed to it ; that the arfruments it addresses to the foreiffii government will be abundantly answer- ed and refuted by American writers, and their authors held uii to derision : and that the next eleelion is very likely to briu); into power a new administration, which may abandon the contentions of their predecessors and put thi^ ca.se on entirely dill'erent jfroumls. Li this, as in all other international controvei-sies, one remark holds (toihI. A imtion divided a(raiiist itself can never achieve a diplomatic siic<'e.ss. A ffoverii- ment that is not backed up by the unani- mous HenliiniMit of its people, but is op- )>os<;d in its dealings with foreitfii nations by a lui'fje share of the best iiiteilijfenco t»f ii.H own •!ouiitry, if not in the ends it seeks. It', least in all the means it takes to obtain them, will never be a formidable lijjure ill diplomacy, especially when its /orce is found to expt'iid itself in aijju- ment rather than in a(*tioii. To peru.so the discussions of most (|uestioiis of thi.s sort in the American press would lead till" unlearned reader to conclude that one proposition in international law. at lea.st, can be rey;arded as settled; tint is, that whatever is asserted by our own tfovern- ineiit is necessarily wrontr. This >M)int is readily concided by our adveivsjiries, but tends more to simplify disputes than to conduct them to results favorable to our own side. If our tcovernment is tle- maiuling what is wron^r, the demand should at once be abandoned. If it is claiminjj what is right, and what is worth claiming, it should receive the support of all parties, whether all the jjoints taken, and all the arguments by which it «'ii- deavors to support its case, prove univer- sally convincing or not. *The task of re- futing tliem may be well enough left to the other side. In the course of this controversy, very little has appeared in l)riiil in the United States which tends to sui)port our government, or to indi(Uito that American ))ublic sentiment sustains it. Hut miK'h ability and learning have been d''Voted to answering the arguments and disproving the facts u|>on which the government has relied. The authoi-s can have the satisfaction of knowing that all these contributions to the Hritish siile of the iinuiii- (, l)Ul IH o|>- i)fii iiiitions iiileili>;ii(1h it s it takt'M to forinidalde iy wluMi its elf in arjjii- To pern so ions of this would Itail iide that one aw at least, til. 1 1 is. tlnit uwn ^overn- Thi.s ;M)int adver-sjiries, lispiites than favorahle to nnient is de- thu deniiind led. If it is what is worth :liu support of points taken, which it en- prove univ«'r- iie task of re- :Miou(j;h left to ourse of this 5 ai>i)eared in vhieh tends to Di- to indicate nient sustains learninjr have the arjrunients pon whieh the he authore can owiiifr that all Hritish side of ly put on lilo Jlliee. and will reat Britain af- nir advantaffc. 'd or i)rinted in known, ajrainst jr in support of tliat of tlii« UniUnl Stiite<«. The sutfires- tion that tho (foveitiMient niitrlit he pre- judiced in conducting the dJNCUMsji ii si- lences at once the loii^'iies and the pens of lN>th parlies. And if a new adnnnis- tration were to come into |iower, it would take up this suhjeet whi-re il^ predecessors left it, without any change of front what ever. The application made hy the Aineiit-an jjovernnient to (Jreut Britain when the depredations complained of he^'aii. for a convention, hy aj,'reement of the ecu in tries inten'sled, under which the <-.iplure of the seals should \h' ro^^ulated. wa the proper coui-se to he taken. Intcru^ilionul cour- tesy recjuii'ed it. iM'fore proceodinir to any ahiiipl UKfa^'ures. Thai reasonahle pa- tience and forhearance shotild he shown hy the United Slates in jfivinjf time for such u proposal to heconsideretl and acted on, and all needful infoi'inatioii rci.'-ardin^'' it to hi' ohlained, was al.>-o an ohvious pi'o- priety of diplomatic intercourse, which can rarely \h' expected to move rajtidly. But live years liuvc now i)assed iiway. It is virtually settled that no such con- vention as proposed will take pla>'e. and that (rreat Hi-itain will not iiitei'fere to tlefend the Alaskan seal fisheries a;(ainst the operations of the Canadian vessels. Jfeanwliilo the destriuMioU of seal life has jfone on with such rapidity that, as already shown, four ;>fths of its annual product is ffone. If much more time is to he spent in di.scussion, the suhjeet of the di.sciission will come to an end. If the United States fTovernmeiit should now proceed temper- ately hut lirmly to put an end to lli(> de- struction of the seals in the bi'eetliny: time, by preventinjf, Ihroiij^h such e.xertion of force as may l>e necessary, the fui'llM>r l)rosecution of that hn:*iness hy any ves- sels whatever het'veen Alaska and tlie I'rihylott' Islands, can there he a (juestion that sindi a course would he completely justilied? Is there any other alti'rnalive, except to siihmil to the speedy and liiial destruction of the seal and its dependent industries.' That this would lead to any ' 'ilision with Great Britain is not to he ,H»prehended. The question (hen ])reseiit iu ;<) that Jjovernnient would he, not \v!i"ther it should admit in a ,)aper dis- • u.'sion that Canada is in the wrong:, a"d iijrree to undertake tlie defence of the United States ajjainsi that colony, hut whetiier siie is prepared to send an armed force to a.ssist and support Canada in the Vol. I,XXXII.-No. ■191.-73 work of (h-striictioti ; n work which, as has In-en seen, (treat Britain has never asserted to he ri^ht, has one<' promised to aK'i'ee III siippressini;, and has joined witii Norway in suppressinjf in another seal fishery. Ami in face of the fact also tliat the hiisiness interests of (treat Britain are more larirely interested in the preserva- tion of the seal than llios«> of (''uiana are in the temporary prolits of its e.\ mina- tion. It Would Im' an aspei-siun U|/o'i that country, not warranfed hy its hiUi ry nor hy the ch;iraeler of its peo)' •. to Hi'p|M>se that its i;o', erniiient woii' i i^rhi in sup- port of a caus(! that it cannot del nd as just. Great Britain would ho relieved of an emharrassment and an aiui'iyioice, if the United Stall's irovernmcdt wo'ild thus terminate a fruitless and uiiprofitahle dis- cussion, iiy the assertion in its own helialf of its plain rijrhts, and cease im|M)rtunin}f (•real Bi'ilain to take thai a.s.sertion upon hersfjf. It wouhl he derojfatory to the di>,niily of our country to prolonjf such imporlunity, after it is proved to Ije una- vailing;. Arbitration lias I, "en spoken of as a means of eomposinj.' the dispute. But that has heen alr'.idy pro|>osed hy the United States, without success. The otl'e>' has heen met bj' a counter pro]>osal to ar- bitrate, not the ni.'ttler in hand, hut an in- cidental and collateral iiuestion. That resouwi; is therefore out of the (|uestioii. It wouhl he easier to settle the controver- s,v than to settle the points and prelimina- ries of an arbitr.'ition. Two thinjrs must concur to make an arbitration useful; first, that the (lueslion submitted should he the (juestion at issue, whether the Ca- nadims have or have not the rigrlit, as a