PROPOSED INTERNATIONAL MEASURES, 1887-'88. 183 



scatterino- poison in the open soa adjacont, with some sniiill i)rofit to 

 those engaged in it, wouhl Oanadai, upon the jnst principles of interna- 

 tional law, be held defenseless in sucli a case? Yet that process would 

 be no more destructive, inhuman, and wanton than this. 



If precedents are wanting for a defense so necessary and so proper 

 it is because jirecedeats for such a- course of conduct are likewise un- 

 known. The best international law has arisen from precedents that 

 have been established when the Just occasion for them arose, undeterred 

 by the discussion of abstract and inaderpiate rules. 



Especially should there be no hesitation in taking this course with 

 the vessels of a colony which has for three years harassed the fisheries 

 of our country with constant captures of vessels engaged in no viola- 

 tion of treaty or legal rights. The comity of nations has not deterred 

 Canada from the persistent obstructicm of justifiable and legitimate 

 fishing by American vessels near its coasts. What principle of reci- 

 procity i)recludes us from putting an end to a pursuit of the seal by 

 Canadian shijis which is unjustifiable and illegitimate'? 



I earnestly recommend, therefore, that the vessels that have been 

 already seized while engaged in this business be firmly held, and that 

 measures be taken to ca[)ture and hold every one hereafter found con- 

 cerned in it. If further legislation is necessary, it can doubtless be 

 readily obtained. 



There need be no fear but that a resolute stand on this subject will 

 at once put an end to the mischief complained of. It is not to be rea- 

 sonably expected thatGi-eat Uritain willeither encourage or sustain her 

 colonies in conduct which she herself concedes to be wrong and which 

 is detrimental tocher own interests as well as to ours. More than 1(),()0() 

 people are engaged in London alone in the preparation of seal skins. 

 And it is understood that the British Government has rerpiested tliat 

 clearances should not be issued in Canada for vessels employed in this 

 business; but the request has been disregarded.^ 

 I have, etc., 



E. J. Thelps. 



Mr. JTuhhard to Mr. Bayard. 



No. 387.] United States Legation, 



Tol-io, Japan, Scpfemhcr 28, 1887. (Received October 24.) 



Sir: I have the honor to inform the Department of State that I have 

 submitted to the Japanese minister for foreign affairs the substance of 

 your instruction No, 153, in relation to taking steps for the better pro- 

 tection of the fur-seal fisheries in Behriiig Sea by international cooper- 

 ation, waiving all excei^tional measures and exceptional marine juris- 

 diction that might be properly claimed for that end by the United 

 States. In invoking the early and earnest consideration of the propo- 

 sitions of your instructions for the reasons given, and which are alike 

 of practical commercial interest to Japan as well as to the other friendly 

 powers designated as having been invited to enter into a similar ar- 

 rangement with our Covernment, I have requested Count Ito to name 

 at his pleasure some time in tlie future wiien we may discuss infor- 

 mally the reasons for an«l the terms and conditions of such arrauge- 



* For further oorrespondence relating to Great Britain's willingness to agree to pro- 

 tect seal-life, soe infra, pp. 212-217, and 236-242, 



