328 APPENDIX TO CASE OF GREAT BRITAIN. 
of some standing in this city, that through some defect in the legisla- 
tion affecting the territory of Alaska, the only appeal that could have 
been made in the matter would have been to the Supreme Court of the 
United States. 
IT cannot anticipate that the United States Government would try 
and justify before that Court the seizures by a pretension that the 
Behring’s Sea is not an open sea. However much their action and the 
action of Congress may appear to put forward and maintain such a pre- 
tension, it is the general opinion that the Supreme Court would not 
hesitate to pronounce itself against it. 
On what the United States Government would base their claim to 
exclusive seal-fishing rights in the Behring’s Sea it is difficult to fore- 
see, but in conversation a short time ago with a politician of very high 
standing under the late Administration, I learnt that the following 
argument has been brought forward and used by one or more of the 
most prominent lawyers in the Houses of Congress. They maintain 
that the “‘seal nation ” in those seas has its domicile, breeding-grounds, 
&e., on United States territory, where it is carefully preserved and pro- 
tected by United States law, and consequently they do not admit that 
the seal loses its nationality when its habits cause it to temporarily 
absent itself from its home. 
From what I gathered from the gentlemen above referred to, I feel 
confident that this was one of the chief arguments which might have 
been used by the United States Government had the matter been 
brought up to the Supreme Court during the time that the late Admin- 
istration was in power. 
I have, &e. 
(Signed) H. G. EDWARDES, 
No. 210. 
Colonial Office to Foreign Office —( Received August 20.) 
DOWNING STREET, August 19, 1889. 
Str: With reference to your letter of the 17th instant, I am directed 
by Lord Knutsford to transmit to you, for the information of the Mar- 
quis of Salisbury, a copy of a telegram which has been addressed to 
the Governor-General of Canada in connection with the Behring’s Sea 
seizures in 1886, 
Iam, Se. 
(Signed) JOHN BRAMSTON. 
{Inclosure in No. 210.—Telegraphie.] 
Lord Knutsford to Lord Stanley of Preston. 
COLONIAL OFFICE, August 18, 7891. 
It is very unusual to press for diplomatic redress for a private wrong as long as 
there is a reasonable chance of obtaining it from the Tribunals of the country. 
Her Majesty’s Government consider that they would be in stronger position for 
dealing diplomatically with Behring’s Sea cases if appeals on 1886 seizures were 
pushed on. 
. ,» ae 
