Sidebilder
PDF
ePub

ring Sea was included in the phrase "Pacific Ocean "
as used in said treaty.

all the rights of Russia to jurisdiction and to the seal
On the fourth point we decide and determine that
cession.
fisheries passed to the United States, limited by the

On the fifth point we, Baron de Courcel, Lord Hannen, Sir John S. D. Thompson, Marquis Emilio Visconti-Venosta, and Gregers W. W. Gram, being the majority of said arbitrators, decide and determine that the United States have no right to the protection of or property in the seals frequenting the islands of the United States in Bering Sea when the same are found outside the ordinary 3-mile limit.

international agreement, as for the suppression
of piracy or the slave trade, and not merely bel-
ligerent rights of self-defense, as in the capture
of vessels for carrying contraband of war or
running a blockade, but perfectly analogous
rights of self-protection, as instanced by hover-
ing acts permitting interference with vessels
hovering about a coast under a different flag for
the purpose of smuggling, or engaging in illicit
trade with a colony, or rescuing convicts, and
also by quarantine laws forbidding an infected
ship from approaching within 4 miles of a port.
If it should be determined that the United States
has a property right in the Alaskan seal herd, or
in the individual seals, or in the industry that it
maintains on the Pribylov Islands, it follows as
a necessary consequence that it has the right to
prevent the invasion and destruction of its prop-ing
erty interests by pelagic sealing by the employ-
ment of such force as may be reasonably neces-
sary to that end.

The British case denied that Russia had asserted any jurisdiction in Bering Sea beyond territorial limits, except in the ukase of 1821, from which she had retreated; asserted that

Bering Sea was a part of the Pacific Ocean defined in the treaties of 1824 and 1825; claimed that seals were wild animals, which were no more property than fish when found in the high seas; and assumed that the law of nations, instead of following abstract ethical principles of natural justice or dealing with the general interests of mankind or questions of humanity to animals, was restricted to positive international engagements and rights established by the consent of the nations.

The Tribunal of Arbitration rendered its decision on Aug. 15, as follows:

We decide and determine as to the five points mentioned in Article VI, as to which our award is to embrace a distinct decision upon each of them:

As to the first of said five points, we, Baron de Courcel, John M. Harlan, Lord Hannen, Sir John S. D. Thompson, Marquis Emilio Visconti-Venosta, and Gregers W. W. Gram, being a majority of said arbitrators, do decide as follows:

By the ukase of 1821 Russia claimed jurisdiction in the sea now known as Bering Sea to the extent of 100 Italian miles from the coasts and islands belonging to her, but in the course of the negotiations which led to the conclusion of the treaty of 1824 with the United States and the treaty of 1825 with Great Britain, Russia admitted that her jurisdiction in said sea should be restricted so as to reach a cannon shot from shore. It appears that from that time up to the time of the cession of Alaska to the United States Russia never asserted in fact or exercised any exclusive jurisdiction in Bering Sea, or any exclusive rights to the seal fisheries therein beyond the ordinary limit of territorial

waters.

As to the second of the five points, we, Baron de Courcel, John M. Harlan, Lord Hannen, Sir John S. D. Thompson, Marquis Emilio Visconti-Venosta, and Gregers W. W. Gram, being a majority of said arbitrators, decide and determine that Great Britain did not recognize or concede any claim upon the part of Russia to exclusive jurisdiction as to the seal fisheries in Bering Sea outside the ordinary territorial

waters.

As to the third point, as to so much thereof as requires us to decide whether the body of water now known as Bering Sea was included in the phrase Pacific Ocean" as used in the treaty of 1825 between Great Britain and Russia, we unanimously decide and determine that the body of water now known as Be

And whereas the aforesaid determination of the foregoing questions as to the exclusive jurisdiction of the United States leaves the subject in such a position that the concurrence of Great Britain is necessary to the establishment of regulations for the proper proto Bering Sea, we, Baron de Courcel, Lord Hannen, tection and preservation of fur seals habitually resortMarquis Emilio Visconti-Venosta, and Gregers W. W. Gram, being a majority of the arbitrators, assent to the whole of the nine articles of the following regulations as necessary outside of the jurisdiction limits of the respective governments, and that they should extend over the waters hereinafter mentioned:

1. The United States and Great Britain shall forbid

their citizens and subjects respectively to kill, capture, animals commonly called fur seals within a zone of or pursue at any time or in any manner whatever the 60 miles around the Pribylov Islands, inclusive of the territorial water, the miles being geographical miles, 60 to a degree of latitude.

2. The two governments shall forbid their citizens or subjects to kill, capture, or pursue in any manner May 1 to July 31 inclusive, fur seals on the high sea whatever, during a season extending in each year from in that part of the Pacific Ocean inclusive of Bering Sea situated north of the thirty-fifth degree of north latitude or eastward of the one hundred and eightieth degree of longitude from Greenwich until it strikes the water boundary described in Article I of the treaty of 1867 between the United States and Russia, following that line up to Bering strait.

3. During the period of time in the waters in which fur sealing is allowed only sailing vessels shall be permitted to carry on or take part in fur-sealing operations. They will, however, be at liberty to avail themselves of the use of such canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use as fishing boats.

4. Each sailing vessel authorized to carry on fur sealing must be provided with a special license issued for the purpose by its Government. Each vessel so employed shall be required to carry a distinguishing flag prescribed by its Government.

5. The masters of vessels engaged in fur sealing shall enter accurately in an official log book the date and place of each operation, the number and the sex of the seals captured daily. These entries shall be communicated by each of the two governments to each other at the end of each season.

6. The use of nets, firearms, or explosives is forbidden in fur sealing. This restriction shall not apply to shotguns when such are used in fishing outside of Bering Sea during the season when such may lawfully be carried on.

7. The two governments shall take measures to control the fitness of the men authorized to engage in sealing. These men shall have been proved fit to handle with sufficient skill the weapons by means of which seal fishing is carried on.

8. The preceding regulations shall not apply to Indians dwelling on the coast of the territories of the United States or Great Britain, carrying on fur sealing in canoes or undecked boats not transported by or used in connection with other vessels and propelled wholly by paddles, oars, or sails, and manned by not more than 5 persons, in the way hitherto practiced by the Indians, provided that such Indians are not

employed by other persons, and provided that when so hunting in canoes or undecked boats the Indians shall not hunt fur seals outside the territorial waters under contract to deliver skins to anybody. This exemption is not to be construed to affect the municipal law of either country, nor shall it extend to the waters of Bering Sea or the waters around the Aleutian Islands. Nothing herein contained is intended to interfere with the employment of Indians as hunters or otherwise in connection with sealing vessels as heretofore.

9. The concurrent regulations hereby determined with a view to the protection and preservation of the fur seals shall remain in force until they have been wholly or in part abolished or modified by a common agreement between the United States and Great Britain. Said concurrent regulations shall be submitted every five years to a new examination, in order to enable both governments to consider whether in the light of past experience there is occasion to make any modification thereof.

The arbitrators made a special finding on the facts agreed upon by the agents of both governments with reference to the seizure of 14 British vessels in Bering Sea by the "Corwin" and "Rush," and the ordering of 3 others out of Bering Sea. The questions as to the value of the vessels seized, and as to whether any of them were the property of citizens of the United States, were withdrawn from the consideration of the tribunal, the United States not being estopped from raising them in subsequent negotiations.

The following declarations were suggested by the tribunal for the consideration of the governments of the United States and Great Britain, and appended to the award:

1. The arbitrators declare that the concurrent regulations as determined upon by the Tribunal of Arbitration by virtue of Article VII of the Treaty of the 29th of February, 1892, being applicable to the high sea only, should, in their opinion, be supplemented by other regulations applicable within the limits of the sovereignty of each of the two powers interested, and to be settled by their common agreement.

2. In view of the critical condition to which it ap pears certain that the race of fur seals is now reduced in consequence of circumstances not fully known, the arbitrators think fit to recommend both governments to come to an understanding in order to prohibit any killing of fur seals, either on land or at sea, for a period of two or three years, or at least one year, subject to such exceptions as the two governments might think proper to admit of. Such a measure might be recurred to at occasional intervals if found

beneficial.

3. The arbitrators declare, moreover, that, in their opinion, the carrying out of the regulations determined upon by the Tribunal of Arbitration should be assured by a system of stipulations and measures to be enacted by the two powers, and that the tribunal must in consequence leave it to the two powers to decide upon the means for giving effect to the regulations determined upon by it.

BLAINE, JAMES GILLESPIE, an American statesman, born at Indian Hill Farm, Washington County, Pa., Jan. 31, 1830; died in Washington, D. C., Jan. 27, 1893. His father's farm was on the bank of Monongahela river, opposite the village of Brownsville. The house was of stone, built by Mr. Blaine's great-grandfather, and antedated the Revolutionary War. Mr. Blaine's maternal grandfather, Neal Gillespie, was a wealthy man, of fine education and wide influence. His great-grandfather on his father's side was Col. Ephraim Blaine, of Carlisle, Pa., a commissary-general in the Revolu

tionary army from 1778 until its close in 1783. To his efforts Washington attributed the salvation of the army from starvation during the terrible winter at Valley Forge. James G. Blaine's father, also named Ephraim, was born in Carlisle. He was well educated, and was something of a traveler. When, after an extended tour in Europe, South America, and the West Indies, he went to Washington County, in 1818, he was owner of the largest landed estate in western Pennsylvania. In 1825 he deeded to the Economites the land on which they built their town.

James G. Blaine began his preparation for college with William Lyons, a brother of Lord Lyons, and a trained English student, and was drilled by his scholarly grandfather, Neal Gillespie, in his English studies, especially in his

[graphic][merged small]

tory. When he was nine years old he knew Plutarch almost by heart. At the age of eleven he was sent to school at Lancaster, Ohio, where he lived in the family of his relative, the Hon. and, when thirteen years old, to Washington Thomas Ewing, then Secretary of the Treasury; College, Washington, Pa., where he was under the care of his uncle, Hon. John H. Ewing, Representative in Congress from that district. He led his class, and easily excelled, especially in mathematics and literature. But so much time did he give to play and athletic exercises that no one knew when he mastered his lessons. His early training, his wonderful memory, his quick grasp of the salient points, served him then, as they did afterward in the severer trials of intellect and statesmanship. This is the estimate of his college mates; but Mr. Blaine himself says that he was obliged to study hard, and was quiet and industrious. One of his college mates, afterward a Confederate general, says:

To the new boys and young freshmen Blaine was always a hero. To them he was uniformly kind, ever ready to assist and advise them, and to make smooth handsome person and neat attire, his ready sympaand pleasant their initiation into college life. His thy and prompt assistance, his frank, generous nature, and his brave, manly bearing, made him the best-known, the best-loved, and the most popular boy at college. He was the arbiter among younger boys in all their disputes, and the authority with those of his own age on all questions.

He was graduated at the age of seventeen, delivering the English salutatory and an oration on "The Duty of the Educated American."

Meantime, in vacations, he was breaking colts on his father's farm and rowing on the beautiful streams of his native region. In response to an invitation to attend the Centennial celebration of Washington County, sent him in 1881, Mr. Blaine wrote:

It would be impossible to overestimate the beneficent and widespread influence which Washington and Jefferson College have exerted on the civilization of that great country between the Alleghanies and the Mississippi river. Their graduates have been prominent in the pulpit, at the bar, on the bench, and in the high stations of public life. During my service of eighteen years in Congress I have met a larger number of the alumni of Washington and Jefferson than of any other single college in the United States. It was inevitable that a county thus peopled should grow in strength, wisdom, and wealth. Its60, 000 inhabitants are favored far beyond the average lot of man. I have myself visited many celebrated spots in Europe and in America, and I have nowhere witnessed a more attractive sight than was familiar to my eyes in boyhood from the old Indian Hill Farm where I was born.

Identified as I have been for twenty-eight years with the great and noble people of another section of the Union, I have never lost any of my attachment for my native county and my native State. Wherever I may be in life or whatever my fortunes, the county of Washington, as it anciently was, taking in both sides of the Monongahela, will be sacred in my memory. I shall always recall with pride that my ancestry and kindred were and are not inconspicuously connected with its history, and that on either side of the beautiful river, in the Protestant and in the Catholic cemeteries, five generations of my own blood sleep in honored graves.

After graduation he went to Blue Lick, Ky., to take a professorship in the Western Military Institute. Here he met Miss Harriet Stanwood, of Maine, who was teaching in Millersburg, whom he afterward married. After a year or two of teaching, Mr. Blaine returned to Pennsylvania to study law, and during his course he contributed to the press and taught. For two years he was instructor in the Institution for the Blind at Philadelphia. His father had died in the

meantime.

In 1853 Mr. Blaine and his wife went to reside in her native town, Augusta, Me, where Mr Blaine purchased a half interest in the "Kennebec Journal," and became its editor. As a preparation for his work he studied the files of the newspaper from its beginning, and familiarized himself with the public matters of every county in the State. He edited the paper for four years, and Gov. Kent said of him:

Almost from the day of his assuming editorial charge of the Kennebec Journal," at the age of twenty-three, Mr. Blaine sprang into a position of great influence in the politics and policy of Maine. At twenty-five he was a leading power in the councils of the Republican party, so recognized by Fessen den, Hamlin, and the two Morrills, and others then and still prominent in the State. Before he was twenty-nine he was chosen chairman of the Execu

tive Committee of the Republican organization in

Maine.

The youthful journalist attacked the penal and reformatory institutions of the State, giving dates and facts to support his charges, and Lot M. Morrill, who was Governor, in reply appointed Mr. Blaine commissioner to examine and report publicly upon their condition. Mr. Blaine visited not only those establishments, but

made careful examination of the methods of management in fifteen other States, and upon this information founded an elaborate report containing many practical suggestions for improvement, which, being adopted and enforced, worked great changes for the better, and put the institutions on a paying financial basis. He threw himself with ardor into the movement that resulted in the formation of the Republican party, and he was a delegate to the first national Republican convention.

In 1858 Mr. Blaine was elected to the State Legislature. After leaving the editorial chair of the " Journal," he accepted that of the "Portland Advertiser," although he continued to reside in Augusta. His first essay in book-making was a biography of Hon. Luther Severance, who founded the "Kennebec Journal," and was appointed minister to Hawaii in 1850.

In 1862 he was elected to Congress, and, as was his custom, spent the early part of his service in quiet and exhaustive study of the history and existing conditions of the interests then pending, which were among the most momentous in our annals, for the civil war was at its height. The most important matter considered by Congress during his first term was the raising of money to carry on the war, and one of his earliest speeches was in demonstration of the ability of the Government to carry it to a successful issue. In his "Twenty Years of Congress" he thus writes in reference to Mr. Lincoln's first proclamation of emancipation:

It was the final notice to those engaged in rebellion that every agency, every instrumentality would be employed by the Government in its struggle for selfpreservation. It brought-as Mr. Lincoln intended it should bring the seriousness of the contest to the hearts and consciences of the loyal States.... If the Administration was to be defeated, he was determined that defeat should come upon an issue that involved the whole controversy If the purse of the nation was to be handed over to the control of those who were not ready to use the last dollar in the war for the preservation of the Union, the President was resolved that every voter in the loyal States should be made to comprehend the deadly significance of such a decision.

66

As a debater he had ready weapons. On one occasion, referring to his long quotations from a colleague, he said: "I have read a great deal from the Senator this morning, and shall read more before I get through." Perhaps that will be the best part of your speech, except what you read from Webster," was interpolated. "I am obliged to the Senator for the exception," said Mr. Blaine: "it is equal to Dogberry's injunction, Put God first.'

Mr. Blaine was re-elected to the Thirty-ninth Congress, and when he was returned to the Fortyfirst Congress so great had become his influence that he was unanimously chosen Speaker of the House. Probably no man who has occupied that post has gained wider reputation for his rulings or added more to his fame. By continual service there for six years he was largely cut off from debate or active part in the proceedings. In regard to the basis of representation upon which the late seceded States should return to the Union, Mr. Thaddeus Stevens, chairman of the committee, proposed that representation should be apportioned according to the number of legal

voters. Mr. Blaine earnestly urged that population was the true basis. He presented an amendment to the Constitution which provided that "representatives and direct taxes shall be apportioned among the several States which shall be included within this Union according to their respective numbers, which shall be determined by taking the whole number of persons, except those whose political rights or privileges are denied or abridged by the Constitution of any State on account of race or color." In favoring this plan, he said that while the other basis would accomplish the object of preventing the South from securing representation for the blacks unless the blacks were made voters, yet there would be a radical change in the apportionment for the Northern States, where the ratio of voters to population differed from 19 to 58 per cent. His proposition was substantially embodied in the Fourteenth Amendment to the United States Constitution.

When Mr. Stevens submitted his reconstruction bill, dividing the Southern States into five military districts, with the civil tribunal under military control, the majority were in its favor; but Mr. Blaine was earnest in his objections. He would subscribe to nothing that should not provide the methods by which the people of a State could, by their own action, re-establish civil government. He submitted an amendment embodying the idea that when any one of the States of the late Confederacy should assent to the fourteenth amendment to the Constitution, and should establish equal and impartial suffrage without regard to race or color, and when Congress should approve its action, it should be entitled to representation, and the provisions for military government should become inoperative. This plan, known as the Blaine amendment, was carried through the Senate, and then through the House, completing the Government's scheme of reconstruction.

In 1867 Mr. Blaine visited Europe, and on his return he found that the proposition to pay the public debt in greenbacks had obtained great favor. At the assembling of Congress he made a speech in opposition to it, being the first man in Congress to give expression to such views.

When the question of Government protection to our naturalized citizens abroad was brought up, through the arrest in England of Irish-Americans accused of complicity with the Fenian movement, Mr. Blaine maintained that the naturalized citizen was entitled to the same protection as the native-born, and through the attention called to the subject, Costello was released; and in 1870 a treaty was made with Great Britain, in which England abandoned her dictum "once a subject, always a subject," and accepted the American doctrine of equal rights for native and foreign-born citizens.

In February, 1876, while defending the cause of honest money against inflation of the currency, Mr. Blaine said:

Uncertainty as to the value of the currency from day to day is injurious to all honest industry. And while that which is known as the debtor interest should be fairly and generously considered in the shaping of measures for specie resumption, there is no justice in asking for inflation on its behalf. Rather there is the gravest injustice; for you must remember that there is a large class of most deserving

persons who would be continually and remorselessly robbed by such a policy. I mean the labor of the country, that is compelled to live from and by its daily earnings. The savings banks, which represent the surplus owned by the laborers of the nation, have deposits to-day exceeding $1,100,000,000-more than the entire capital stock and deposits of the national banks. The pensioners, who represent the patriotic suffering of the country, have a capitalized investment of $600,000,000. Here are $1,700,000,000 of money incapable of receiving anything but instant and lasting injury from inflation. Whatever impairs the purchasing power of the dollar correspondingly decreases the resources of the savings-bank depositor and pensioner. The pensioner's loss would be absolute, but it would probably be argued that the laborer would receive compensation by his nominally larger earnings. But this would prove totally delusive, for no possible augmentation of wages in a time of inflation will ever keep pace with the still greater increase of price in the commodities necessary to sustain life, except and mark the exception-under the condition witnessed during the war, when the number of laborers was continually reduced by the demand for men to serve in the army and navy. And those honest-minded people who recall the startling activity of trade, and the large profits during the war, and atof leaving out the most important element of the caltribute both to an inflated currency, commit the error culation. They forget that the Government was a customer for nearly four years at the rate of $2,000000 or $300,000 per day-buying countless quantities of all staple articles; they forget that the number of consumers was continually enlarging as our armed force grew to its gigantic proportions, and that the number of producers was by the same cause continually growing less, and that thus was presented, on a scale of unprecedented magnitude, that simple problem, familiar alike to the political economist and the village trader, of the demand being greater than the supply, and a consequent rise in the price. Had the Government been able to conduct the war on a gold basis, and provided the coin for its necessarily large and lavish expenditure, a rise in the price of labor, and a rise in the value of commodities,

would have been inevitable. And the rise of both labor and commodities in gold would have been for the time as marked as in paper, adding, of course, the depreciation of the latter to its scale of prices. . . .

One great and leading interest of my own and other States has suffered, still suffers, and will continue to suffer so long as the currency is of irredeemable paper. I mean the shipbuilding and navigation interest-one that does more for the country and asks less from it than any other except the agricultural; an interest that represents our distinctive nationality in all climes and upon all seas; an interest more essentially and intensely American than any other that falls under the legislative power of the Government, and which asks only to-day to be left where the founders of the republic placed it a hundred years

ago.

Give us the same basis of currency that our great competitors of the British Empire enjoy, and we will, within the lifetime of those now living, float a larger tonnage under the American flag than was ever enrolled by one nationality since the science of navigation has been known among men. Aye, more, sir; give us the specie basis, and the merchant marine of America, sailing into all zones and gathering grain from all continents, will bring back to our shores its golden profits, and supply to us that coin which will steady our system and offset the drains that weaken us in other directions. But ships built on the paper basis can not compete with the lowerpriced ones of the gold basis, and whoever advocates a perpetuity of paper money in this country confesses his readiness and willingness to sacrifice the navigation and commercial interests for all time.

From 1869 to 1876-the period of his Speakership-Mr. Blaine seldom left the chair to take

part in debate. But he made a conspicuous exception to this when he vacated the chair to oppose a faction of his own party, to whom he gave the name of "Stalwart," that were pushing a measure giving the President (Grant) the right to suspend the writ of habeas corpus at pleasure in the Southern States, and to use martial law in suppressing the Kuklux Klan.

His friend, H. J. Ramsdell, for twenty years a journalist of Washington, who saw his daily course as Speaker, says of that part of Mr. Blaine's career:

Even excluding all regard for the man, an enemy would have been fascinated and delighted, in spite of rancor, by the sheer intellectual force and perfect self-command displayed. The Speaker seemed born to preside over just such an assemblage as that in which he found himself. Patient in the tedious passages of debate and routine, courteous under harassing interruptions, impartial to friend and chivalric to foe, he rapidly rose with the rising tide of excitement and activity caused by important business or personal feeling, towering to his full height, his voice, with something of the ring of the clarion in it, penetrating

murders and crimes of Andersonville." In part he said:

I hear it said, "We will lift Mr. Davis again into great consequence by refusing amnesty." That is not for me to consider; only see before me, when his name is presented, a man who, by the wink of his eye, by a wave of his hand, by a nod of his head, could have stopped the atrocity at Andersonville. Some of us had kinsmen there, most of us had friends there, all of us had countrymen there; and in the name of those kinsmen, friends, and countrymen, I here protest, and shall with my vote protest, against calling back and crowning with the honors of full American citizenship the man who organized that murder.

This debate strengthened Mr. Blaine's influence with his personal friends, but it also made bitter and relentless enemies. A rumor was set afloat that Mr. Blaine had received, for an unstated reason, $64,000 of Union Pacific Railroad bonds, and stories of all sorts were rife. Mr. Blaine denied them all from his seat in the House, and made voluntary explanation of his

[graphic][merged small]

the loudest tumult, the gavel in his practiced hand chiming in with varied tones that aptly enforced his words, from the sharp rat-tat-tat that recalled the House to decorum, to the vigorous thunder that actually drowned unparliamentary speech; rulings, repartee, translucent explanation flashing from his lips as quick as lightning, to the discomfiture of every assailant who tilted against him, until, with the whole House in full cry, the waves of debate rolling and surging around the base of the marble throne on which the Speaker is installed, he seemed, like the creature of Addison's imagination, to " ride the whirlwind and direct the storm."

When the final effort for universal amnesty was made Mr. Blaine moved that there should be one exception-Jefferson Davis; not because he was more guilty than many less conspicuous, but because he was the author, "knowingly, deliberately, guiltily, and willfully, of the gigantic

connection with the Little Rock and Fort Smith Railroad. Another attack was made in regard to Kansas Pacific bonds, and Mr. Blaine, after showing that the lawsuit which was the only basis for such charges was that of his elder brother, many years before, ended by saying:

Having now noticed the two that have been so extensively circulated, I shall refrain from calling the attention of the House to any others that may be invented. To quote the language of another: "I do not propose to make my public life a perpetual and uncomfortable flea hunt, in the vain effort to run down stories which have no basis in truth, which are usually anonymous, and whose total refutation brings no punishment to those who have been guilty of originating them."

But it was an era of "scandal" and "investigation," and the Opposition newspapers an

« ForrigeFortsett »