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CHAP. XXXVIII.

THE BEHRING SEA QUESTION.

1903

the scheme of organization was presented by Champion L. Chase, and unanimously approved, and the committee itself was incorporated as the Human Freedom League, its special object being to bring about a meeting of the congress in 1893, with subsequent congresses at intervals of five years to be held in Paris, Rio de Janeiro, and Berne. It is to be regretted that the PanAmerican Congress should have lent the weight of its name and influence to any scheme which is so impracticable and dangerous, and only calculated to embarrass the work of harmonizing the various States of America. The scheme of a great League of Human Freedom may be grand and noble in conception, but it is, to say the least, premature. The "Brotherhood of Man, the Federation of the World" must, like all things, grow, and the task which lies nearest to our statesmen is to spread the influence of our free institutions in nations that lie nearest to us, and with which we are geographically connected.

Meanwhile Mr. Blaine was actively engaged in negotiating treaties under the Reciprocity clause of the McKinley Bill, and satisfactory arrangements were made with Brazil, which became a republic on the deposition of Dom Pedro, and with Spain respecting the commerce with her West Indian possessions. At the same time more satisfactory terms respecting the importation of American products into France, Germany, and other States of Europe have been successfully made by our diplomatic representatives abroad.

The negotiations with Great Britain respecting the seal fishery in Behring Sea, were continued by Mr. Blaine and the English government, a great part of the correspondence being devoted to examination of the question whether the term Pacific Ocean included Behring Sea at the time of the sale of Alaska to the United States by Russia. Mr. Blaine invited the British minister to make an offer of arbitration on the real points at issue, and this proposal was, with some trifling exceptions, accepted by Lord Salisbury, the Prime Minister of England. While this diplomatic discussion was being carried on, a curious turn was given to popular discussion by the proceedings respecting seizure of the Canadian sealer, W. P. Sayward, in Behring Sea and its condemnation by the District Court of Alaska in 1887. In January, counsel instructed by the Canadian authorities, appeared before the Supreme Court of the United States at Washington, and moved for leave to file a petition for a writ of prohibition against the condemnation of the said vessel. At first, this proceeding was viewed with distrust, and Senator Morgan introduced a resolution in Congress declaring that the British action was without precedent, prejudicial to the comity of nations, and not in consonance with the dignity of the Government and the People of the United States, and the respect due to the President of the United States. But these hasty views were soon modified, the charge of insulting inference was seen to be unfounded, as a decision of the court would be in no way an arbitration on subjects beyond its jurisdic

tion. The court allowed the counsel for the British to file their petition, and the hearing, after being set down for the 13th of April, was postponed, owing to the illness of Justice Bradley, till October. Meanwhile diplomatic negotiations were continued without interruption, and on June 15th a modus vivendi was agreed upon by which Great Britain undertook to prohibit sealing by her subjects and vessels in Behring Sea till May, 1892, offending persons being liable to seizure by either of the contracting parties, and license being given to British agents to visit the islands to make such inquiries as may be necessary for the adequate presentation of the British case. On February 29, 1892, the decision of the Supreme Court was given; it held that the court had jurisdiction in the case, but refused to grant the writ of prohibition. It also declined to decide on the main question as to whether Behring Sea is a closed sea, as that was a political question merely, and would not fall within the province of the court to determine. The court also decided the case of the schooner Sylvia Handy, involving points nearly similar, in favor of the United States. Justice Field was the only member of the court dissenting.

On the same day a treaty relegating the whole of the Behring Sea question to an international commission of seven, was signed by Secretary Blaine and the British Minister, and ratified by the Senate in the following month.

The terms of the treaty may be briefly recapitulated by stating that they provide for the creation of an international commission to be composed of seven members. Two are to represent the United States, and two Great Britain-one of the latter being presumably a Canadian. The remaining three members are to be nominated by Sweden, Italy, and France. The sittings of the commission are to be held in Paris. There is no provision made in the treaty for a renewal of the modus vivendi of last year, but an agreement between the two powers in interest has been reached, by which pelagic fishing will be restrained. The British Government has refused to grant clearance papers to Canadian ships intending to visit the waters in dispute. The question of seal-fishing will be the province of the four experts. It is hoped that the court of arbitration will not only succeed in reconciling the conflicting views of the two parties immediately before it, but lay down a code of rules that will tend to protect many valuable industries, and conserve natural resources which have been hitherto regarded as outside of law.

Another subject which occupied the attention of the President and the Secretary of State was that of our relations with the republic of Chili. In 1890 a struggle commenced in that country between President Balmaceda and the Chilian Congress which ended in October of that year by the triumph of the latter. No sooner had this legislative body adjourned than Balmaceda broke faith, and on New-Year's day, 1891, issued a manifesto in which he declared that he would govern in despite of the resolutions of Congress, and accordingly de

CHAP. XXXVIII.

THE CHILIAN DIFFICULTY.

1905

creed the budget which the representatives of the people had refused. On the 7th, the navy of the republic declared in favor of Congress, put to sea, and proceeded to blockade the ports on the coast from Iquique to Coquimbo. The vessels of the insurgent fleet bombarded several towns, and severe fighting took place between the troops that had remained loyal to the President, and the bands raised by the Congressional party. The latter, after several battles, became masters of the Northern Provinces, and made Iquique its headquarters. A difficulty in procuring arms and ammunition soon presented itself, and a merchant vessel, the Itata, was armed as a cruiser for Congress, and despatched to California for the much needed supplies. On her arrival at San Diego, she was at once seized by the United States Marshal under the provisions of the neutrality laws, but on May 6th she put to sea, with the American officer on board. Him she landed a few miles from that port, and then took on board a cargo of arms and ammunition. On the 9th of May the United States ship Charleston started in pursuit, and on her arrival at Iquique without having seen the Itata, was there informed that the Congressionalists, in order to avoid all complications with our Government, would surrender the vessel that had insulted our hospitality. She was at once surrendered to Admiral McCann and taken back to California. In August, the Congressional party determined to attack Balmaceda's stronghold, Valparaiso, and heavy fighting took place about ten miles north of the town, in which the President was worsted, being finally driven into the city and soon afterward died a Roman death by his own hand. It was to be expected that the Congressionalists should feel annoyed at the action of the United States in recovering the Itata, and the ill-will of the mob was increased by an unfounded suspicion that the landing of the Congressional forces near Valparaiso had been reported to the President by one of our naval vessels, and by the protection that our Minister, Mr. Egan, had extended to the friends of the late President by sheltering them in our Legation, and escorting some of them to neutral vessels in the harbor. This feeling of irritation against our Government and our Minister unfortunately manifested itself by an attack in the streets of Valparaiso on some sailors that had landed from the United States ship of war, the Baltimore, by a mob of citizens in which some armed police joined. A demand for an apology and indemnity for the victims was at once demanded by our Government, but the reply was slow in coming and its terms were not satisfactory. The course of diplomacy was not facilitated by the warlike tone assumed by the American press. To judge from the articles that appeared in journals of all shades of opinion, nothing ought to satisfy us but war. It seemed, indeed, as if the possession of the new, magnificent navy had inspired every one with a longing to try its efficiency on the first possible occasion. The Government seemed to feel the effect of these expressions of popular

sentiment and more ships were fitted out with feverish haste. Just in time, however, to prevent these sparks of hostility being fanned into a flame, the Chilians consented to the requirements of our Government, and the factitious war fever subsided. Reports were current that, as regards the course of action that was to be pursued, the President and his Secretary of State held conflicting views; that the former urged immediate action, the latter pleaded for consideration for a country that had just passed through a bloody civil war. Whether the reports of such divergence of opinion be baseless or not, cannot at present be known. At length, however, terms were accepted by Chili, which were acceptable to our Government, and the danger of hostility was obviated. Whatever may be thought of the wisdom of the nomination of Mr. Patrick Egan to such a responsible post as our Minister to a great and proud republic, we must remember that it was to Balmaceda that he was accredited, and that no power except Bolivia had granted to the insurgents the status of belligerents, and that his acts in protecting the leaders of the fallen party from popular vengeance were those of humanity. What is most to be regretted in this unfortunate complication is that the feelings of Chili toward our Government may not be soon abated, and that it will be no willing participant in Mr. Blaine's plan of a United America.

As usual it is melancholy to have to record another Indian outbreak. In May, 1890, reports came in that the Indians were in a state of great excitement caused by the promised coming of their Messiah, whose advent was openly preached by a leading medicine man of the Shoshones in September, and this Indian millennium was spoken of as the "Return of the Ghosts," as all the dead Indians were to return to life, and repeople the decimated tribes. Large herds of buffaloes and horses were to gallop in the Messiah's train. The Great Manitou had seen his children suffer long enough. When the grass grew again he would gather all faithful Indians around him, and roll back the earth upon the palefaces. Thirty feet of additional soil, well sodded and timbered, would the Messiah roll upon the earth, burying under it the white oppressors of the red men, all those who escaped from smothering being metamorphosed into buffaloes and catfish. Then would the "happy hunting ground" of the Indian's dream be realized. While waiting for their Messiah the Indians were to show their devotion by dancing continuously for five days and nights. These "Dances of Death," better known as the "Ghost Dances," began during the last week of October. Meantime half a dozen Messiahs appeared, the most widely accepted being the son of Wal-tit-a-win; although Co-we-go, at Mt. Grant, as well as Queetize-ow, a Piute, had each a strong following.

The craze of the "Return of the Ghosts" gained its most fervent believers among the Sioux Indians, and the wily chief, Sitting Bull, posed as its high

CHAP. XXXVIII.

46

THE GHOST DANCES."

1907 priest and leading apostle. The treacherous old chief not only fomented the craze, but undoubtedly altered its character to fit his hatred of the whites. Instead of peacefully dancing, the young Sioux bucks arrayed themselves in war-paint, and stocked themselves with ammunition. Sitting Bull's influence alarmed the Government, and General Miles determined to end the "Ghost Dances." The dancers at Lower Brule, exhausted by their circling, were easily arrested; but other dancers were not to be so dealt with. The savages would not report at the Agencies, and declared that they would not peaceably lay down their arms. Soon some of them began burning and pillaging cabins near Wounded Knee. General Brooke quickly surrounded the trouble-makers, and a pow-wow was held at Pine Ridge, but resulted in nothing. The hostiles escaped into the Bad Lands. General Brooke surrounded their retreat with a cordon; but the Indians refused to return, and dared the whites to fight. Upon this General Miles ordered the arrest of Sitting Bull; and, at daylight on December 15th, Indian police under Bull Head and Shave Head, followed by United States cavalry, entered Sitting Bull's camp, 40 miles. northwest of Fort Yates, N. D. He was just ready to start out for the scene of hostilities. His camp attempted a rescue, and in the skirmish which ensued the wily leader of the outlaw Sioux was killed. The remainder of Sitting Bull's band escaped, but toward the end of the year the Indians began hostilities, by attacking a provision train near the Rosebud Agency, and set fire to a mission school; the troops were sent to quell the disturbance, and a series of engagements took place which ended in the submission of the hostiles to General Miles on January 15th. At the first of these fights, at Wounded Knee, the loss of the troops had been heavy, and many Indian women and children had been killed, and a charge was preferred against Colonel Forsyth, of the Seventh Cavalry, as having caused these lamentable occurrences by a faulty disposition of his troops. Colonel Forsyth, however, was fully exonerated when an investigation had been made, and it was proved that orders had been repeatedly given not to shoot at squaws or children. A deputation of chiefs, in order to restore entire confidence, was sent to Washington, and one by one the chiefs related their grievances, we may say their wrongs. It was these wrongs that had driven the Indians into disaffection, and the "Messiah" and the ghost dances had been used merely to excite the men to the pitch of revolt. The latest grievance, the immediate cause of the outbreak, was the neglect of Congress to fulfill the treaty of 1889, by paying to the Sioux the price of the portions of their territory that they had surrendered, and by appropriating money for the payment of annuities, according to agreement. The crops had failed, rations had diminished, and Congress had, moreover, cut down their supplies. It is to such violations of national good faith and to the unsatisfactory character of many of the Indian

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