Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1889-08-03
TheLaV in the Case.
Position of Uncle Sam Regard.
ing Behring Sea.
THE LAWS OF NATIONS APPLIED

Our Jurisdiction Absolute and without
Right to Own Them-Russia's Propri-
etorship Never Questioned and Now As
serted over Her Half of the Sea-Notes
from the National Capital.
WASHINGTON CITY, Aug. 3-The sugges-
ton that war may result from the recent
seizure of Canadian vessels by the American
authorities is secuted here as simply absurd
Americas right to exercise sovereignty over
one-haif of the Behring sea is unquestionable.
The most forceful statement ever made on
this subject was prepared by Mr.. Jeffries, at
the request of Mr.. Bayard, and is now on file
in the state department
No Question About 1t.
The statement is in substance as follows:
ave venture the assertion that in 50 far as
the discovery, possession and claim of own
ership of these waters of Russia constitute a
title, there can be no gu, stion as to its valid
ity; that Russia has never for an instant
ltnquished her absolute right of dominion
over this sea, except in the single instance
of selling To the United States one portion
of IT. with the usual guaranty of perfect
title, which is implied by all such transac.
tons between sovereign states, we'll as be-
tween individual parties. We apprehend
that it will not he denied that state may
| acquire perfect title TO territory by pre-
scription, that the simple act of undisputed
possession for LAPSE of time Will establish
undisputed ownership and this applies as
well TO marine territory as TO land
The International Law.
"Halleck's international la W says; National
territory consists OF water as well as land
When nation that is in possession of the
navigation aud fishery IN certain ira Is of
| sea claims an exclusive right to them, and
| forbids all participation on the part of other
nations, if the others obey that prohibition
with sufficient marks of acquiescence they
tscitly renounce their right IN favor of that
nation and establish for her a new right,
which she might afterward lawfully main
tain against them, especially when it is con-
firmed by long use This principle has been
established by decisions of the lords of the
privy council of England and others
Russia's Claim on the Sea-
Independently of these sources of title, the
general consent of mankind has established
the principle that long and uninterrupted
| possession by one nation excludes the claim
| Of every other For more than a century
| and half Russia has asserted and exercised
| exclusive dominion over Behring sea Her
title rested on first discovery, long and con-
| tinued occupation, and the undisputed as
sertion of ownership, for no foreign state has
| ever protested against the claim of Russia TO
the exclusive dominion OF this sea When
| in 1867, the emperor Of Russia sold his posses
sions TO the United States he established hi.
northeastern frontier in the middle of Beh-
4 ring sea, and this, in the language of Sum
ner in the United States senate, forms the
dividing line which separates Asia from
| America the western boundary of oul
| country.
| The Title Never Questioned.
| "This assertion of Russia's ownership o
Behring sea by the two sovereign powers wa
not Questioned By any OF the powers Th,
right of Russia to sell and the right of tn,
| United States to purchase any part of tn,
sea was tscitly admitted The boundary lin,
was accepted by congress, and the purchas'
money appropriated; the laws of the UniteC
| States were extended over all the TERRITORY
| thus acquired. both land and water, up Il
this boundary line as fixed by the treaty
The boundaries are perfectly ans
| thoroughly defined, and about them ther,
/
cession from Russia to the United States il
the act of one sovereign power possessed o.
full and undoubted ownership to anothe
sovereign power that had previously, b,
solemn treaty, acknowledged such owership
|
| AQuestion of Good Faith
| again, in good faith to Russia, can tn
United States hesitate in the exercise of tn
| sovereign rights conceded to the United
States by that powerl failure to do so in
| jures and may destroy the property Russii
| still holds in her share of said seas An,
other view than the one here presented is al
absurdity. and places two great powers OIL
earth In position unworthy of their char
acter and history. Is it not the duty of tn
United States, in carrying out her treaty
with Russia, to enforce fun and complUt.
| sovereignty over the territory and territorial
waters aquired from that powerf