[Inclosure 1 in No. 492-Translation.] Count Okuma to Mr. Hubbard. DEPARTMENT FOR FOREIGN AFFAIRS, Tokio, the 7th day, the 7th month, the 21st year of Meiji. SIR: With reference to the proposal of your Government to enter into a proper arrangement for the purpose of preventing by international co-operation indiscrimi nate and unregulated destruction of fur seals in the Behring Sea, the views of the Imperial Government having been communicated to you, your Government intimated that they would approach the subject again upon receipt of responses from the pow ers consulted, and consequently the Imperial Government have been awaiting further communication from your Government. In the mean time it has recently been reported to the Imperial Government that the United States minister at London is holding consultation with Her British Majesty's principal secretary for foreign affairs and the diplomatic representatives of some other power or powers interested in respect to certain matters bearing upon the subject. The Imperial Government are not aware of the nature of the question under discussion. If, however, the negotiation has actually assumed the character of an international convention, in which the views of the several powers interested may be formally interchanged, the Imperial Government would desire to instruct their representative at London to take part in such negotiation. I therefore beg leave to request that you will be so good as to ascertain the truth of the report and to communicate to me the result of your inquiry. I avail myself, etc., COUNT SHIGENOBU OKUMA. [Inclosure 2 in No. 492.] Mr. Hubbard to Count Okuma. UNITED STATES LEGATION, SIR: I have the honor to acknowledge the receipt of your excellency's note No. 25. of the 7th instant, in which, referring to the subject of the proposed arrangement between the Governments of the United States and Japan and some other powers, looking to the protection of the fur-seal fisheries in Behring Sea, your excellency informs me that it has been reported to the Imperial Government that the United States minister at London is holding consultation with Her British Majesty's principal secretary for foreign affairs and the diplomatic representatives of some other powers interested, in respect to certain matters bearing upon the subject. Your excellency further states that if the negotiations have assumed the character of an internationaconference, in which the views of the several powers interested may be formally inl terchanged, the Imperial Government would desire to instruct their representative at London to take part in such negotiations; and you request me to ascertain the truth of the report referred to, and to communicate the result of my inquiry to your department. In reply I have the honor to say to your excellency that by the mail leaving for the United States on or about June 20 I had the honor, as suggested by the verbal and informal inquiry of the foreign office, to address a dispatch to the honorable the Sec retary of State of my Government, requesting to be advised of the present status of the negotiations of the proposed convention; and in pursuance of the subject I will by the next mail leaving for the United States forward a copy of your excellency's note, with the request that my Government will furnish me with full information respecting the progress of the negotiations. In this connection I beg to say to your excellency that I have been informed informally and unofficially by the representatives at Tokio of one of the powers interested in the said negotiations, that he was in receipt of information to the effect that the consultation now being conducted at London is of a purely preliminary character. I am fully persuaded that the consultation to which your excellency refers is of the same nature as has already taken place between the United States minister at Tokio and the Japanese foreign office; and I beg to repeat to your excellency what I have already had the honor to assure your Department on previous occasions, that a final decision will not be reached in this matter of the proposed convention until the Imperial Government has been fully advised and has had ample opportunity to express its views in the premises. I avail, etc., RICHARD B. HUBBARD. No. 223.] No. 32. Mr. Bayard to Mr. Hubbard. DEPARTMENT OF STATE, SIR: I have received your No. 483 of the 23d ultimo, saying that the Japanese minister for foreign affairs had informally inquired of you lately concerning the proposed convention between the United States and Japan, looking to the protection of fur seals in Behring Sea, which formed the subject of my instruction No. 171 of November 21, 1887. Negotiation with Japan in reference to the protection of the seals in Behring Sea has been delayed by the unexpected protraction of the negotiation with Great Britain and Russia. It is thought desirable that the arrangement between these countries should be permitted to assume a definite and settled form before other agreements are formulated. It is hoped that the matter will soon be in such shape as to permit the entrance upon formal negotiations with Japan. In the mean time, however, the question might be informally discussed with the Japanese Government, with a view to ascertain just what is desired of the United States in regard to the protection of the sea-otter. SIR: I have to acknowledge the receipt of your No. 492, of the 13th ultimo, in which you transmit a copy of a note from Count Okuma, minister for foreign affairs of Japan, of the 7th ultimo, in which he states the desire of his Government to instruct its representative in London to take part in the negotiations there pending between the Government of the United States and that of Great Britain, for a convention for the protection of seals in Behring Sea, provided the negotiations have reached a stage which would admit of such participation. In reply you promised his excellency that you would request your Government to furnish you with full information respecting the progress of the negotiations. No change is known to have taken place in the state of the negotiations at London since the Department last wrote you on the subject. Four months ago strong hopes were entertained here that the convention would soon be concluded. But the Department is now informed that the views of Her Britannic Majesty's minister for foreign affairs have met with obstruction from Canada, where vessels are yearly fitted out for the purpose of preying upon seal life by the use of fire-arms and other destructive weapons. It is not perceived, therefore, how the participation of Japan in the negotiations at London could promote their successful conclusion, There is not known to be any difference of opinion between this Government and that of Her Britannic Majesty as to the necessity and propriety of the international arrangement, now under consideration, for the protection of the seals in Behring Sea. The convention which Japan will seek to make on the same subject will, as you have indicated, have to be shaped in some respects so as to meet the wishes of Japan in regard to the protection of her inter ests in the sea-otter. What this Government deems necessary for the preservation of the seals in Behring Sea is entirely to prohibit the slaughter of them with fire-arms, nets, and other destructive implements, at a distance from the coasts. The Department would be glad to learn the views of the Japanese Government concerning the meas ures necessary for the protection of its interests in the otter, and to be furnished with information respecting their territorial and pecuniary extent. I am, etc., RUSSIA. T. F. BAYARD. No. 139.] No. 34. Mr. Wurts to Mr. Bayard. LEGATION OF THE UNITED STATES, St. Petersburg, September 3, 1887. (Received September 17.) SIR: I have the honor to acknowledge the receipt of your instruetion No. 99, of the 19th of last month, relating to the measures to be taken for the better protection of the seal fisheries in Behring Sea, and to inform you that, in obedience to it, I have communicated the invita tion of the Government of the United States to that of Russia, to enter into such an arrangement as will put a check to the indiscriminate destruction, by the citizens of either country, of the seals in those waters. I am, etc., George W. WURTS. No. 151.] No. 35. Mr. Lothrop to Mr. Bayard. LEGATION OF THE UNITED STATES, St. Petersburg, December 8, 1887. (Received December 27.) SIR: I have the honor to transmit herewith the translation of a note from the foreign office, received at the legation yesterday, on the proposition of the United States for an international agreement touching the capture of seals in Behring Sea. The earnestness felt here in the matter is plainly indicated by the language of the note, which speaks of unrestrained seal hunting as a thing which not only threatens the wellbeing but even the existence of the people of the extreme northeast coast. This language represents a view which I have heard here in conver sation, of course not officially, and which is substantially as follows: The seal fishery on our Behring coasts is the only resource our people there have; it furnishes them all the necessaries of life; without it they perish. Now international law concedes to every people exclusive jurisdiction over a zone along its coasts sufficient for its protection; and the doctrine of the equal rights of all nations, on the high seas, rests on the idea that it is consistent with the common welfare and not destructive of any essential rights of the inhabitants of the neighboring coasts. Such common rights, under public law, rest on general consent, and it would be absurd to affirm that such consent had been given, where its necessary result would be the absolute destruction of one or more of the parties. Hence, the rule can not be applied blindly to an unforeseen case, and these alleged common rights must rightfully be limited to cases where they may be exercised consistently with the welfare of all. Behring Sea partakes largely of the character of an inclosed sea; two great nations own and control all its inclosing shores. It possesses a peculiar fishery, which, with reference to its preservation, can only be legitimately pursued on land, and even there only under strict regulations. To allow its unrestrained pursuit in the open waters of the sea is not only to doom it to annihilation, but, by necessary consequence, to destroy all its coast inhabitants. If this result is conceded, it follows that the doctrine of common rights can have no application to such a case. I have thought it might not be uninteresting to give this as a view which has found expression here, and, if found necessary, I think it not improbable that Russia would feel that she was driven to act on it. I am, etc., GEO. V. N. LOTHROP. [Inclosure in No. 151.-Translation.] M. de Giers to Mr. Lothrop. MINISTRY OF FOREIGN AFFAIRS, Asiatic Department, November 25, 1887. MR. MINISTER: Mr. Warts, under date of Angust 22 [September 2], was good enough to communicate to me the views of the Government of the United States of America upon the subject of the desirableness of an understanding, among the Governments concerned, for the regulation of the taking (la chasse) of the fur seal (loutres) in the Behring Sea, in order that an end might be put to those inconsiderate practices of extermination which threaten to dry up, at their source, an important branch of international commerce. We concur entirely in the views of the Government of the United States. Like it, we also have been for a long time considering what means could be taken to remedy a state of things which is prejudicial not only to commerce and to revenue, but which will not long delay to work disastrous results, not only to the well-being but even to the existence of our people in the extreme northeast. The establishment of a reasonable rule, and of a lawful system in the use (l'exploitation) of the resources, which furnish their only industry, is for those people of vital importance. The pressing interest which the imperial Government has been thus called to consider had already suggested to it the idea of an international agreement, by which this interest might find its most efficient protection. It is by this way that the different questions involved can be best resolved, and among which there exists, in our opinion, a close connection. The proposition of an accord emanating from the Government of the United States, and which we take pleasure in considering as a step towards that general solution, must, of course, but meet the sincere sympathies of the imperial Government, and its active support, and this I pray you to make known to the Cabinet at Washington. Please receive, etc., GIERS. No. 161.] No. 36. Mr. Lothrop to Mr. Bayard. LEGATION OF THE St. Petersburg, February 22, 1888. UNITED STATES, (Received March 12.) SIR: Your dispatch, No. 110, relative to the protection of fur-bearing seals in the Behring Sea, has just reached me, and I have lost no time in making known to the imperial Government your wishes respecting the co-operation of the Russian ambassador in London with Mr. Phelps on this subject. Very truly, etc., No. 37. GEO. V. N. LOTHROP. No. 164.] Mr. Lothrop to Mr. Bayard. LEGATION OF THE UNITED STATES, St. Petersburg, March 12, 1888. (Received April 2.) SIR: Immediately upon the receipt of your dispatch, No. 110, I communicated to Mr. de Giers the suggestions therein contained. In reply he now informs me that the imperial Government, acting thereon, has instructed Mr. de Staal, its ambassador in London, at once to put himself into communication with Mr. Phelps, and to do his best to promote the common object of the two Governments. I am also requested to make this action known to you. Very truly, etc., GEO. V. N. LOTHROP. No. 118.] SWEDEN AND NORWAY. No. 38. Mr. Magee to Mr. Bayard. LEGATION OF THE UNITED STATES, Stockholm, March 20, 1888. (Received April 9.) SIR: I am in receipt this p. m. of the response to my note (written under your instruction of date September 17, 1887), inviting the Gov ernment of the United Kingdoms to join in an arrangement whereby an end would be put to the indiscriminate killing of seals in the Behring Sea. The royal Government having no interest in seal fisheries, His Majesty thinks there is no need to take part in any treaty or arrangement in reference thereto on the part of the United Kingdoms. He however expresses the desire that a mutually beneficial accord may be arrived at between the interested powers, and that the same may be maintained with a reservation that powers not at present interested may join in such an arrangement in the future if they desire. At present neither Sweden nor Norway engages in seal fishing in Behring Sea or adjacent waters. I have, etc., RUFUS MAGEE. |