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T' 
 
 crews 
 
387 
 
 •t, 
 
 ■m 
 
 A CANADIAN VIE^W OF THE 
 
 SEA DISPUTE. 
 
 BEHEING 
 
 THE Beliring Sea qu stion has been before the public for more than four 
 years, and, to all intents and j)urposes, it stands in the position it occupi^ 
 in 1886. A study of the occurrences that ga^'e rise to the controversy, and of the 
 correspondence that has taken place, is bound to cause a feeling of humiliation. On0 '' 
 hardly knows which to criticise the most, the way in which the case has been handldtt 
 by Downing Street, or the masterly inactivity and devious plausibility of the American^ 
 Secretaries of State. The actual facts of the dispute have become rather obscured 
 in the mass of despatches that have been written, and it has probably been forgotten, ;^ 
 by the general reader, that Canadian schooners, flying the Union Jack, have been * 
 seized on the high seas, sixty, seventy, and ninety miles from land ; that some of~ 
 them have rotted on the shores of AViska ; and that others have been sold, their 
 crews having been turned adrift to find tlieir ways home as best they could, the 
 captains and mates being subjected to the indignity of imprisonment, and condemned, 
 besides to pay heavy fines. All this was done at the instance of a power with * .| 
 whom we are on friendly terms. Notwithstanding the complaints made by the 
 British Minister at AVashington, no reply was forthcoming for more than three 
 years from the United States Government, and then the only answer deigned was 
 that in " the opinion of the President, the Canadian vessels arrested, and detained in 
 the Behring Sea, were engaged in a pursuit that is in itself contra bonus mores." The 
 correspondence still goes wearily on, and in the meantime, be it remembered, the 
 owners and fishermen who have been the victims of such outrageous and u»")aralleled 
 treatment, resulting in heavy losses, in one instance ruin, and in another death, liave 
 had no redress. It is really not to be wondered at that the Canadian press, and 
 that of British Columbia in particular, sometimes uses language, more forcible than 
 polite, in referring to the subject, and that a feeling prevails there that our diplomatistt 
 do not understand the American character. The foreign affairs of the United States 
 seem to be managed very much in the same way as the distinguished citizens of that 
 
 i 
 
388 
 
 A CANADIAN VIEW OF THE llEHRINO SEA DISPUTE. 
 
 country i»lay jiuker. Urbanity and consideration is not understood ; such qualities 
 are thrown awav, and aiv oulv remirdetl as evidences of a weak case. " If vour 
 case is weak, bhiff your opponent, and, if it is stronif, hltiff stl!' more." These 
 tactics are only to be successfully met by the adoption of similar ones; and it is 
 tolerably certain, that, if this course had been followed in 1S8() and 1887, the dispute 
 would not have been allowed to remain unsettled until the present year of grace. 
 If evidence in support of this opinion were wanted, it would l)e found in the effect 
 produceil by Lord Salisbury's formal protest against the proposed action of the 
 United States administration, in June last. 
 
 The i)resent indications are that more strenuous entleavours will now be made 
 to bring about a settlement in the dispute. The time, therefore, is not inappropriate 
 for referring briefly to the historical aspects of tlu- case. Behring Sea was the 
 subject of discussion seventy years ago, and certain rights of an exclusive nature 
 were then claimed over it by Itussia, but those contentions were abandoned, as the 
 result of the discussions ami negotiations which led to the trea.ies bt'tween that 
 power and the United States and Great Britain, in 1S24 and 182') respectively. It 
 will be necessarv to refer to these treaties atjain ; but it need onlv be said, at the 
 moment, that the part of the Pacific Ocean in question did not come up ngain as an 
 element of international dispute until 188(5. Before proceeding further, it may 
 be mentioned that, in 1807, Alaska was ac((uire<l by the United States from Russia, 
 the price paid being 7,200,000 dols. ; and that in 1870 the Pribylov Islands, of 
 St. George and St. Paul, were leased to the Alaska Connnercial Company, for twi nty 
 years, at a rental of 55,000 dols. per annum, and a royalty of 2 dols. ()2 c. per skin, 
 the catch being limited to 100,000 seals yearly. It Is cidenlated that the rompany paid 
 into the United States Treasury, during the tenure of tlu-ir leas--, about lil 5,000 dols. 
 annuallv. Tiie same Companv also contrt)ls the Connnander Islands, tlie sealiiii'' 
 rookeries in IJussian territory; and, consecpiently, until last year practically had a 
 monouolv of the valuable fur-seal trade of the world. Last vear the Prihvlov 
 Islands were again put up to i)ublic tender, and the lease was transferred to the 
 North American Trading Company for an annual fixed payment, and a royalty of 
 10 dols. 2b c. i)er skin, the catch not to excei;d 1)0,000 skins. It is estimated that 
 the value of the lease to the L^nited States Govennnent is about 1,000,000 dols. 
 a year. These tigures may seem a little tedious, but they have an important bearing 
 upon the dispute. 
 
 Between 1870 and 188t), no steps were taken by the United States Government 
 to prevL'ut the catching of seals, outside the three mile limit on the coasts and 
 islands of Alaska, by British and American vessels, although the industry had been 
 graduallv extending during that period, and had assumed considerable proportions. 
 In 1872, when the attention of the Secretary of the Treasury (Mr. Boutwell) was 
 
1 
 
 A CANADIAN VIEW OF THE BEnRING SEA DISPUTE. 
 
 a89 
 
 directed to certain expeditions that were being fitted out for sealing purposes 
 in Australia, and the Hawaiian Islands, and the suggestion was made that a 
 revenue cutter should be sent to protect the industry, he wrote, " I do not see 
 that the United States would have the jurisdiction or jiower to drive off partie? 
 going up there for that purpose, unless they made such attempt within a marine 
 league of the shore." This state of things was maintained until March, 1880, when 
 a connnunication, addressed by tlie Secretary of the Treasury to the Collector of 
 Customs at San Francisco, re([uested that official to give i)ublicity to the interpretation 
 ))laced, by the Department at Washington some years 1)efore, upon the law for 
 the prevention of the killing of the fur-seals and other fur-bearing animals in the 
 waters of the Territory of Alaska, and to the official definition of ^lie term " waters 
 thereof," ... it being " understood that certain parties at your port contemj)late 
 the fitting out of expediti<jns to kill fur-seal in tliu>e waters." The letter was duly 
 published, with a warning that the "rule" laid down in ISSl, and :v-?.j.'proved in 
 1S8(?, " would be rigidly enforced against all who attempt to poach upon the Federal 
 [ireserve by killing seals, within its limits there laid down and defined, in the waters 
 of Alaska," as " from that preserve the Federal Government derives revenue, and its 
 lessee is entitled to tiie protection preferred by the note of the Secretai'y r(>ferred to." 
 It was under this document, and section 1,95(5 of the Revised Statutes, relating 
 to Alaska, that the subsequent seizures of Canadian schooners flying the British flag 
 took place. The "Thornton " and " Onward" were arrested on August 1st, and the 
 '• C'aroline" on the followinu' dav ; all the vessels were more than sixtv miles from the 
 I'ribylov Islands at the time, and two or three times that distance from the mainland. 
 Tliey were taken to Ounalaska, and their crews to Sitka, where the masters and mates, 
 in addition lo losing their vessels, weiv fined from oOO dols. to iJOO dols. and sentenced 
 to thirty davs imprisonment. The captain of the "Caroline," while waiting his trial 
 at Sitka, wandered off into the woods and died. The crews of the "Caroline" and 
 " Thornton " were taken to San Francisco, and there turned adrift. The masters and 
 
 n for several months, were ivlea 
 
 V 
 
 1' 
 
 by 
 
 Governor of Alaska, and literally left to find their wavs, as best they could, to their 
 homes 1,500 miles distant. In the meantime communications, not of a very urgent 
 nature, were taking place between the British Minister, and the American Secretary 
 of State ; but as the matter was not, ai)parentiy, at that time, deemed to be of much 
 impcn-tance, it is not surprising that no explanation was forthcoming. Mr. Bayard, 
 however, on February 'M\\, 1S87, informed Sir Sackville West that, "without 
 
 stions which mav be found to lie involved in 
 
 conclusion a1 this tune ot any <pies 
 
 tl 
 
 lese cases o 
 
 f seizure, orders have been issued, 1)V tlie Tresident's direction, 
 
 fen- the discontinuance of all pt'uding proceedings, the discharge of the vessels 
 referred to, and the release of all persons inider arrest in ''onnectieni therewith." 
 
3{tO 
 
 A CANADIAN VIEW OF THE BEIIUINO SEA DISPUTE. 
 
 "^ This was satisfactory as far as it went, althougli it seems strange that nearly 
 six months after the event the authorities were unable to say what the 
 questions were that wore involved in the seizures. A telegraphic message was 
 despatched by the Attorney-Gi'ueral, at AVashington, to Judge Dawson of Alaska, 
 on Jar.uarv 26tli, 18.'^7, ordering the release of the vessels, and a notice was actually 
 issued to the United States Marshal, not only to release the vessels, tackle, and 
 apparel, but the skins, guns, annnunition, and small boats. The order was, however^ 
 rescinded sub!!0(juently, on tlic ground that, as the message was not confirmed, by 
 the local authorities, it must bo a forgery ! Evi-n in the following May, the owners 
 of the seized schooners liad not received any advice of the release of their vessels ; 
 and, in fact, they only heard froTU the United States Marshal in tfanuary, 1888, 
 that he had received orders to return to their owners the " Onward," " Triumph," 
 and "Caroline," "with their tackle apparel, and furniture as they now lie in the 
 harbour of Ounalaska." 
 
 The information tliat was received as to the condition of the vessels, after 
 remaining on the shore, exposetl to the rigoiu's of the nortliern winter for nearly two 
 years, made it certain that tliev (•ould not be repaired and removed with advantage. 
 In any case, the difliculty of doinu' ^o was incivased by the fact that the vessels were 
 placed at the disposal of the owners at a season of the year, in which, owing to the 
 great distance l)etween Victoria an<l Ounalaska, it wouUl have been scarcely jmssiblo, 
 apart from the question of expense, for tliem to fit out steamers for the purpose of 
 going to Ounalaska to repair their vessels and to bring them home. The schooners 
 are still lying on the beach : the United States authorities have sold the arms and 
 ammunition, and evru tried to arrange to send the hulls ilown to San Francisco ; but 
 it was found that it would cost more than they were worth. 
 
 One would have thought after llie occurrences of 188(5, and the nominal,' but 
 ineffectual, and impracticalde, release of the schooners, that nothing of the kind would 
 have been allowed lo lia[ipeu in the following yiar ; but the interfereiu'e continued, 
 and five schooners were arrested in .Inly and August — the ''Anna Beck," " W. 1\ 
 Sayward," ''Dolphin,'" ''Grace," and the " Ada," the vessels being admittedly from 
 50 to 100 miles from laud. All excej^t the " W. P. Sayward" were taken to Port 
 Townsend, Washington Territory, and sold in December, 1888. The " \V. P. 
 Saywanl" was released on tlu' owni'r giving bonds for its value, and entering an 
 appeal against the decision of the Alaskan authorities. This was done on 
 October HOtli, LSSS. 
 
 It was not expected that the appeal woidd be tried until next year at the earliest, 
 owing to the arrears of woik brfore the Supreme Court. But, while this article is 
 being written, the case has be u brought on, and is said to have caused considerable 
 surprise, and anrioyance, to Mr. Blaine, as in effect removing it from the Department 
 
 sh 
 
1 
 
 1 1 
 
 A CANADIAN VIBW OF TIIK DKilUINU SKA DISPUTE. 
 
 391 
 
 r 
 
 ,1 
 
 ot St.ate to the Law Courts. It is not easy to understand why the ch'cuinstances 
 should have given rise to feelings of this description. The appeal was lodged by the 
 owner of the vessel, after having given bonds for its release, with the approval of the 
 District Court of Alaska, and/ after much diplomatic correspondence/the British 
 and Canadi.in Governments, as disclosed in the recently issued Blue Book on the 
 subject, naturally have given all the aid in their power ; and most people would have 
 thought that ^Ir. Blaine would have been glad of the opportunity of procuring an 
 interpretation of the municipal statutes under which the seizure was made, by the 
 highest legal tribunal, and thus take the question out of the ai'ena of politics. 
 
 In 1887 anil 1888 the confeivnce at Washington was held, and a treaty agreed 
 u[)on (subsequently rejected by the Senate) for the settlement of the questions arising 
 out of the Atlantic fisheries. Advantage was taken of the opportunity to endeavour 
 to arrive at some agreement with regard to Behring Sea, and to the claims of 
 exclusive jurisdiction that were being exercised by the United States ; and, although 
 nothing effectual was the result, an understanding was arrived at that there should 
 be no more seizures, pending the settlement of the dispute. In fact i\Ir. Bayai'd 
 informed Sir Lionel West, in April, 1888, that "no orders on the subject had been 
 issued this year by the Treasury department," and, consequently, in that year, the 
 British sealers were allowed to pursue their industry unmolested. This state of 
 things did not, however, last long, as, in 18,S<), the new administration, in violation 
 of tiie iniderf iking given by its predecessors, again issued orders which resulted in 
 four vessels being arrested, a " i)rize crew" of one man being put on board each 
 schooner, and the cai)taius instructed to i>i\)cee<l to Sitka. It is hardly possible to 
 imagine that the captain of the revenue cutter thought for a moment that hi 
 instructions would be carried out. In' this as it may, the schooners after he was out 
 of sight were headed to Victoria, and arrived there in due course. Tlieir operatiims 
 for the season were, of course, seriously interfered with, iiud the seal skins on board 
 at the tinu' of their seizure confiscated. 
 
 Last year opened unaiispiciously. In May, reports were published that 
 instructions had been issued to the United States cruisers, to again prevent British 
 vessels participating in the seal hunting. This was apparently too much for Her 
 Majesty's CJovernment, and led to the presentation of a very strong i)rotest to Mr. 
 lilaine, on .June 14th, against any proposed interference with British vessels 
 navigating outside the territorial waters of the United Slates, and declaring that the 
 (lovernment of that country would be lielil responsible for any conse(piences, which 
 might ensue from any acts on their part, contrary to the principle of international 
 law. The result was that, although the ciuisers i)roceede(l to tiie IVdnlng Sea, their 
 officers did not intlict any of their attentions upon the stealers, who were allowed, as 
 in 188S, to pursue their Industry free from interruption. 
 
 '■s 
 
 I, ■ 
 
3i»2 
 
 A CANADIAN VIFAV OF THE liKllltlNG 8EA DISl'lTE. 
 
 The Unit«'(l Still t'S (loverninciit si-cui ul.M.lutelv 1«> lunc jwiid littU' or no 
 attention to tlu' rcia-c-seiitations of tlu' Hritish Minister; tlic matter was \n\i off 
 month after mouth, and year after year, and no exjdiination ^vhatever was really 
 forthcomini;' nntil tlie beiiinninir of hist year. It is trne that a si(h" issne was 
 imported into the (hseiissi(.n, early in ISSS, when tlie British (Jovcrinnent, in e<.nnnon 
 with certain other maritime powers, wore asked 1»y the Fnited States In join in a 
 convention for a close time tor the seals in Uehrinu' Sea, with the ohjeet, it was said, 
 of preventiniv their destnietion. This was n^nardcd at the time a-> an adnnssion of 
 the abandonment <'f any contention of exclusive iiuiMlictiou, and as opcniii-:' np a 
 way for the disposal of the ditiiculty that had heeii created,. It is interestine- to note, 
 en pansaiif, that i\o{h\]\ii was said aliout the neces-ity of a close time for pelauic, or 
 deep sea sealiuu', until some justitieation had to he found hy the American authorities 
 for tlieir uinvarrantaliK' iuterfereuce with, and seizure of, vessels on the hiiih seas, 
 contrarv to all principles of international law. It will hardly he creilited that the 
 close time naively |»roposed was froiu Ajtril l")th to Xovendpcr 1st in each year; if 
 this liad heen adopted, the time mieht ju<t as well have been «'.\tended from the 1st 
 of January to December .'Ust. The seals enter I'ehriiii:- Sea at the latti'r end of 
 May, and the bciiniinii; of .luue. and lea\e about the end of Si'i)tetnber, so that this 
 close time, whicli was not to apply to tlie l*i-ibylov Islands, would have kept British 
 and other \essi'l • (tut of the Sea duriun' the wry moiillis the -eals ai'e tluTc, and tlu' 
 lessees of the Brili\Io\ Islands would have obtained the monopoly of the fishery 
 They wcuild thus have secui-'d the eiitii'e couti'ol of the market: the eo;,l i',,i- whicb 
 they arc still workiui:-. While it !< not coiisidereil that the necessity for a close 
 time has been demonstrated by any facts which have bei'U brouiiht out in the dis- 
 cussion, tlu-re is a desire, both on ihe part of the Imperial ( Jovernnient and of the 
 Canadian (iovernmeut. a-^ e\]ires>e(! in despatch after despateh that has bei'ii written 
 on the subject^ to co-operate witJi the I'uited States, and the other countries con- 
 cerned, in makiuii: such arranifeureiits as will prevent the se;ds beiiio; exteriniuated. 
 The sealers are <piile prepared to a^'ree to a close time from the 1st of ()i't<»bcr to 
 the end of May, and, fuitla-r, that xcssels employed in the pi-lao-ic tishcry should 
 be prohibited, nndei' jienalty of seizure, from approachini:^ the sealiiinr Islands, within 
 
 a radius of 10 milt 
 
 Th 
 
 us woulil prevent any interterencc with the seals on then 
 
 th th 
 
 th 
 
 war to the Beiirin<r Sea from the south, at a tinu' when the fi-niales are with vonnir, and 
 
 ifter 1 
 
 eavinir the islands in the autumn 
 
 ani 
 
 1 al 
 
 so anv manrauilui<f ot tlie rookeries 
 
 f th 
 
 .k 
 
 ni 
 
 Tliis reasonable arran<xemei>t should have siiite(| all parties. British sealers clai 
 that tluy do 111 t ie(|uiie to no wiihiii fnnn .'(> to (!(> miles of the land, and assert 
 that the iirealer imiM <if their annual ( ateh is lal<eii not in Belirinii; Sea. but alou"' the 
 coasts I f r.rilish ("olnuihia. Mr. Blaine has left ns in no doubt as to his views on 
 thcniatter. as, in an iineiiai'de(| inoment, he e\po<e<I his hand. Sir.Inlian I'anncefote, 
 
A CANADIAN VIKW OF TIIK UHIIIIINO SRA DISI'UTR. 
 
 398 
 
 il 
 
 >SMt:li Mail "f J>i-^iii'i!J fi'en wi/h Distances. 
 
3D4 
 
 A CANADIAN VIEW OF THE BEIIRINa SEA DISrUTE. 
 
 in his (Icspntc'h of tlio 22n{l July last, wrote that Mr. Blaine hud said that " nothing 
 short of the total exclusion of scaling vessels during the summer months, in wl)ich 
 we propose to leave the fisheries open, would suit them." This explains clearly the 
 failure of all attenii)ts, so far, to arrange a reasonable and satisfactory solution 
 of the question. 
 
 The ground subsequently taken up by Mr. Blaine in support of the claim of 
 the United States to exclusive jurisdictiiMi, was that they had acquired the rights 
 they exercised from Russia, when tli»' territory was acquired in 18G7 ; and certain 
 boundaries, wiiich are mentioned in the Treaty, have been (pioted as supporting that 
 view. It was 'easy, however, f(u* Lord Salisbury to point out to Mr. Blaine that the 
 exclusive rights claimed by Kussia in the Ukase of 1821, were specifically renounced, 
 after mudi diplomatic c(»rrespoudence, in llie Treaties of 182t and 1825, with the 
 United States and Great Britain. Mr. Blaine contends, in reply, that those Treaties 
 i-eferred to the Pacific Ocean, south of the Aleutian Islands, and not to Behring Sea. 
 This is manifestly absurd, for the Ukase oidy specified all that i)ortion of the Pacific 
 Ocean, from Behring Strait down to ihe ')lst ])arailel, which is just below the 
 Aleutian Islands. It was to tlispose of the dilHculty created by that Ukase that the 
 treaties were negotiated. To contend therefore that they rt-ferred to the ocean 
 south of the ,')lst parallel is absurd. The High (\tntracting j)arties did not re<piire 
 to sign a treaty to acquire the right to fi^h in, and navigate, a part of the Pacific 
 Ocean that was not in dispute. It is clear as noun-day, from a perusal of the Treaty 
 of 18(17. that the boundaries were quoted for the purpose of defining the jmrtion 
 of Behriiiii; Sea in which the Islands beloiijfiiiii to Alaska were situated as distinct 
 from those to be retained by Kussia. lly artiide 1 of that instrument, IlusSia 
 agreed to cede "to the United States all the territory and dominion then possessed 
 by Kussia on the Continent of America and in the adjacent islands" within 
 certain geogra[>hical limits described, and no mention was made of any exclusive 
 rights over liehrlng Sea. It iieed oidy be adiled that, at the present day, in the 
 part of lichriiig *>e i that washes Kussian territory no exclusive rights are claimed 
 outside the three mile limit, neither is the Sea of Ukotsk regarded as a uuire clausum. 
 There is no doul)l, whatever, that, if the (piestion were submitted to arbitration, it 
 would be d( cided that Kussia, by the Treaty of 182r», gave up every claim to exclusive 
 jurisdiction in Behring Sea; that no sticii rights could consetpiently be transferred 
 to the United States, under the Tiraty of 18(57; and that the United States, 
 therefore, inn e no powers in the waters of Behring Sea, outside the international 
 limit. The probability of such a decision j)ossibly accounts for the di&inclination 
 shown by Mr. lilaine to submit the matter to arbitration. 
 
 An eudeavolu- has ])een maile to attract public sympathy, on the side of the 
 United State.>, by accusing the "poachers," as all who are engaged in the industry 
 
A CANADIAN VIEW OF THE nEHUIXG 8EA DIHl'UTE. 
 
 395 
 
 outside the lessees of the islands are called, of ruthlessly destroying the seals mule 
 and female, and even those of the latter with yonuif. It is curious to note, however, 
 that in noneof the official re[)orts, recounting the sei/.iires of Canadian vessels, is it 
 mentioned that skins of unborn seals were found on hoard, although this was recorded 
 m the ease of an American schooner that was arrested. Other statements are 
 that many seals shot at are not secured, that the annual destruction of seal 
 life rei)resents, therefore, many times more than the nominal catch ; and that, in 
 consequence, the fishery is in danger of depletion. The lion. C. IT. Tupper, tho 
 Canadian Minister of Marine and Fisheries, who attended the discussions at Wasli- 
 nigton, between the representatives of the United States, Russia, and Great Britain 
 early in 1890, as representing the Canadian Government, had no difficulty in showing, 
 in the rei»ort he prepared in reply to Mr. Blaine's memorandum on these points, that 
 there was no foundation for the charges. No females with young are can^fht in 
 Behring Sea, far away from the islands; lu . t of the catch consists of wliat are 
 known as "bachelors" and "barren cows" — that is, seals not arrived at the breeding 
 age, which, in the case of the former is ,! c years, and of the latter five years. It is 
 onlv rarely that a female with young is caught on ihe way to Behring Sea (although 
 it sometimes happens), as they are watchful and difficult to take. The hunters are 
 mostly experts, as are also the Indians, and it is asserted that they rarely fail to get 
 the seals they hit; it is not considered that as many as ten per cent, ai'e lost. So far 
 from the seals decreasing, the evidence all tends to show tliat th.'v are increasing, and 
 this information, be it remembered, is obtained, not from Canadian sources, but from 
 United States official re[)orts. The rejjort of Mr. Tingle, a United States agent, for 
 1887, stated that "the vast number of seals was on the increase, and that the condi- 
 tion of all the rookeries could not be better;" and again, in 1888, "that seal life was 
 not being depleted, but was fully up to the estimate given in the previous year." 
 The sealing captains on their return to Victoria last agreed in stating that tiie seals 
 in 1890 were as numerous as ever. Their catch was greater than last year, and 
 would have been larger but for the boisterous weather that prevailed. 
 
 There is one factor in the cpiestion which has been largely overlooked in the 
 discussion that has taken place, and that is the positii)n of the lessees of the island ; 
 this is at the root of all the difficulty that has been created. It is necessary, in 
 order to enable them to pay the royalty under their agreement, that the price 
 of skins should be enhanced, and the catch reduced. For instance, they [)ay 
 10 dols. 25 c. royalty per skin, in addition to their other exi)enses, wlpcli must amount 
 to from 2 dols. to l] dols. per skin at least. The [irice at Victoria, per skin, in the 
 autumn of 1890 was from 11 dols. !o 1,'i dols., so it so evident that the Comi)any 
 cannot make any profit at those prices. It is no wonder, therefore, that they want 
 to keep the islands and Behring Sea all to themselves, to enable them to monopolise 
 
 '. 
 i 
 
39() 
 
 A CANADIAN VIEW OF THE HEIiUING SEA DlSl'irpK 
 
 the trade, ;inil coinniaiul tlu>ir own ]n-'n\'S, wliicli tlicy cannot »lo so lono- a-^ other 
 vessels, Avlu'thL-r llritisli, AnK'iir;n;^ or aiiv othi-r nationality, eontinne t<» en^u;M.u;e in 
 the peUuii- tlshrrv. Very ju-oUahly this explains the h'ver that has heen nsed to 
 force the rnitcd Slates (iovernnunt to act auuressively : and also the reports as to 
 the fallin"- off in tlie uuniher of seals oem rallv, and in the nundu>r taken this year by 
 
 the L 
 
 omi 
 
 )anv, 
 
 The press of the I'nlleil Stales has all alonn; W^'w rather opposed to the view 
 
 taken bv tlie Governnunt of that country. Treatin<i' of ihe reporti'd oruanisati 
 
 on 
 
 of 
 
 I sfinadron at San Francisco 
 
 for tl 
 
 le conuiiii season, 
 
 the Xcir Vc//' Ifirald saitl on 
 
 December -'iith : — "The offer to arbitrate lias been niadi'. Why have we rejected it 
 so tartly ? Is Mr. Ilnrrison afraid that we sliall not ji'ct fair play, or does he insist » 
 makini;' dcinan'b ■\vliieli no coiui of arbitration would t'oncH'de, brcause th«'y 
 
 »n 
 
 are 
 
 contrary to the facts and tlie law .' Vud if they proposi> to maintain a 
 
 ])()sition upi.!) wliith they don't care to n>k the judgment of learneil arbitrators by 
 sen lino; rrunboats into northern waters at any co>t to tlu' i)eact> of this country, that 
 
 . We do not brlieve this nelirinij; Sea ([Uestion 
 
 also is a serious matter, 
 
 ill 
 
 If Bh 
 
 Hi 
 
 ill 
 
 will can>e any trouoie \vliate\ir. It JSlaine and Harrison will put tlu'ir hrilliant 
 foreiii'n policy in their j)ockets and liandle the suliject with plain business eonnnon 
 sense we diall have no use fcjr cruisers,'" Profes-;or Ant^'el, who althouo'h a 
 Republican, was ajipoiutfd by a Democratic Administration, one of the representatives 
 of the United States on tlie Conference in b'^^T-S, wrote an article on this subject in 
 the Foriim iu the autinnu of 1<58','. It was in direct opj>ositiou to the policy ad\(»cated 
 and carrici! out by Mr. idaine. and hi> conclusion may be sunmnMl up in thiscpiotatioii : 
 "On the wlmlc wr find no i;(i(»i ^iniind ')ii which we can claim, as a rii;ht, the 
 exclusion of furc^i^ners from the cipeii wati'i's of llehrin^" Sea for the purpose of 
 j)rotectiu^ the scab."" Many otliei- similar opinions miiilit be cited to show that the 
 contention^ of (ireat Ibitniii ar.' foundcij on no extreme \ie\\ ■>. Lord Salisbury Ins 
 been di'liojitfully coiiiplaI>ant and friendly all tliroUi;li the discussion, too nnich so 
 many ])eopk' think, and it I> li.ird to hcliix r that am danufr of a rupt lire could possibly 
 exist in tlic fncc of the t'nllowiiio- parauraph of hi> Lordship's tiespalch of August 
 2nd last : — •• I havr to ii(pie>i that you will c(iimnunicate a copy of this despatch 
 and of its . uclosures to Mr. IMaine. You will state that Ilcr Majtsty's ({(tvernment 
 have 111. (k'sire whatever 1(1 refuM' to the United Stati's any juri->dictioii in Behrin^ 
 Sea wiiicli was conceded by (iiiat liritain to b'ussia, and which pro])erly accrues 
 to the i)tc>ent posscssdis of Alaska, in \irtiieof treaties or tlie law of nations; and 
 that it till' Uniti'd States (ii)\ ^'rmni'ul, afti'r exaniination of tlu' evidence and 
 ar<.ninieiits which 1 liavi' judiluci'd, still differ from them as to the K oaljty of the recent 
 captiiri- in that sea, they are nudy to ajfree that the «piestion, with the issues that 
 <U]i -lid upon it, should be refeii'eil to imjiartial arliitration. ^'oii will in that case 
 
 Ui 
 
-•~ ^rim irnmiii 
 
 — — im'TBTitt "I ■ r 
 
 A CANADIAN VIEW OF THK HKIIKlNfi SKA DISITTR. 
 
 897 
 
 l)e aullinmc'fl to consider, in concert witli Mr. IMuiiic, the inotluxl of procoduro 
 to bo followed." 
 
 If Mr. lilfiiiu' who iit times has eviiu-i'd a (Mmi-ilintorv disposifion, and a desire to 
 arrive at a settlement, altiiouo;li on other occasions he li:is ;i>suincd ;t deoree of puo-iiaeitv 
 that can hardly be rc<varded as real, wonld only tiv;it the ni;itici- in .1 like re;i-' nnble 
 manner and snbmit it to arbitration, the dis[)nte would noou lu- ;it ;ui end. There 
 is i-eally no occasion or need for another discnssion ; all lliai .-an b(> said on either 
 side has been pnt forward. 
 
 Mr. Blaine has sn<;-<!;ested a close time for si>aN in lu'ln-ino' Sea. As alrcady 
 explained, while Canada does not admit, fi-om the information before it, that the 
 necessity for snch a conrse has been proved, so anxious has the Government been to 
 adopt a reasonable view of the matter and to mei'l the \ lews of the United States 
 as far as possible, that it readily consented to that ])art of the (juestion lieinn- 
 snbniitted to experts for examination; and in the meantime expressed it< readiness 
 to concur in an effective close season. At present, the British and American sealers 
 take the larger proi)orti(jn of their catches, from danuarv to .Fnni', along the coasts 
 of California and British Columbia, so that tlu> suggested close time is really a 
 considerable concession. It must be borne in miiul, in this connection, that if some 
 such arrangement is not ari'ived at, there is nothiug to prevent more viiforons 
 hunting of the seals in the spring of the year, which woidd |)robably injuriously 
 affect the number of seals resorting to Behring Sea to a greater extent than fishing 
 in the sea itself. The writer is aware, from personal counnunication with those who 
 are engaged in the business in British Cohnnbia, that tln'y are pri'pared to a"ree to 
 the suggestions made on behalf of the Canadian (io\ernment ; so that the way is 
 prepared for a settlement that will be honourable and >atisfactorv t(» both countries, 
 especially to the United States, as conceding the prineipK> for which they have been 
 nominally conteiuling ; and besides, it would, without doulit, hi- acce[)table to the 
 other maritime [)()wers of the world. It is as well to say. howev(>r, that no settlement 
 can be possildy acceptable which does not include eonipeusation to those engageil in 
 the industry who have siiffered by the unjust, nnwarranti'il, and unfriendly action of 
 the United States since 188(!. 
 
 There is a suspicion abroad that ^[r. Blaine is endeavouring to make political 
 profit <»nt of the ([uestion, in view of the connng piisidcntial campaign, and l^o regain 
 some (»f the support the republican party has lost, as the result of the ^^cIvinIey Act* 
 Be this true or not, it is very certain, that a dangerous position will be created if a 
 settlement, or a modufi rivemll, is not agreed upon before tlune next, especially if the 
 United States Coverinnent has determiner! to continue its interference with British 
 
 vessels on the high seas.