The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-06-06
AMERICAN RIGHTS.
A STATEMENT OF THE IMPORTANT
BEHRING SEA QUESTION.
The Claim OF the United States Gov
ernment-How a House Committee
Regards 1.-THE Duty Devolving Upon
the Administration.

|
Alaskan waters, and two United States ma
val vessels are about to sail for Behring
Sea. The Senate Committee on Relations
with Canada will leave Portland, Ore, on
| Wednesday for Alaska on the United
States Fish Commission steamer Albatross
Three revenue cutters of the United States
are also said to be already on the way to
the same locality.
These movements are not without inter
est, and they may have very important
bearings upon future events. The issue
between the British and the United States
Governments rs to the jurisdiction over
Behring Sea is generally known. The
events OF this summer may force an early
settlement OF the dispute one way or an
other. The claim, in brief, Of the British
and Canadian Governments is that the
United States can have no rights in Behr-
ing Sea except as they were acquired by
the purchase Of Alaska from Russia, and
that these rights can in no event extend
beyond the marine league from the shore.
There is grounl left for difference OF opn-
ion as 10 what the shore line is, or where
the measurement OF the three-mie limit
shall begin, but no question is made by
Great Britain rs to the general fact that
the United States has no right to iurisdic-
ton more than one marine league from the
shore. This claim was definitely set up by
the British Government through the plead
ings OF the Queens counsel, MIR. Gray, on
the part OF the British owners OF the schoon-
ers seized by the United States last year
charged with violating the law prohibiting
the killing OF seals in Alaskan waters. In
the stipulation in this case IL was agreed
between the counsel for Great Britain, or
for the owners OF the British vessels, and
the counsel for tho United States, that the
masters OF the vessels named were seeking
fur seals in that part OF Behrng Sea which
is claimed by the United States under the
treaty with Russia OF March, 1867. To the
libel OF information the Queens counsel OF
British Columbia filed a demurrer, alleg-
ing that the District Of Alaska had no ju-
risdiction over the subject matter Of the
action, rs the schooner was more than one
marine league from the shore when seized,
and that the Act OF Congress Of July q,
1868, Is unconstitutional, as II restricts
free navigation of Behrlng Sea for sealing
purposes. In overruling the demurrer the
| NOhih otAihs Aht IhNoAoh VI AhN NVhoAi
tutonality of the Act OF Congress OF July
"a. 1868, scarcely deserves mention since
il has been sustained by this court" The
case referred to was that OF the United
States against Nelson 90 Federal Reporter,
page POP. The court in its decision,
Dawson, Judge, oyerruled the demurrer,
aud ordered judgment OF forfeiture TO be
entered against the vessel. No appeal
was taken from this decision.
This, IL is believed, Is the condition OF
the litigation 30 lar rs II has progressed
relative TO the claim OF Great Britain OF
the right 10 fish for seal in those waters.
Whatever opinion may be entertained rs
10 the legal ability of Judge Dawson, or as
Z to the claim which Great Britain will make
that the United States IL endeavoring q
set up the claim that the Behring Sea is @
closed sea within the meaning OF the inter.
; national law, there can be no question
that the sealed instructions which the
United States has just given to the com
manders OF the revenue cutters, and 10 thI
commander OF the war vessels which ar,
about 10 go 10 Alaska, fully sustain tn,
y. claim which the United States from til,
!. outset has made OF the exclusive right :,
!! the jurisdiction Of that part Of the BehrinI
!, Sea In which the United States also claim
!. not, OF course, be furnished with the in
i structions TO these commanders. but IL will
moi be without interest az this juncture 4
ascertain what the exact position OF differ
IN ent administrations has been rs 10 th
a. Jurisdiction OF the United States over th
Behring sea.
The latest official inquiry which has bee
made into this general subject by an
branch OF the United States GOvcrnmen
W is that which was conducted by the llous
IA Committee on Merchant Marine aud Fish
=. cries OF the last Congress, Mr.. Dunn
~ chairman. The conclusions OF that con
mr. miltcc have not gained very wide put
licity, but II Is definitely known that the
came TO this opinion:
The convention which Great Britai
I'm now endeayon TO renew Is substantial
ID the convention which was raised long az
~ between Great Britain and the Govern
II ment Of Russia, before the United Stat,
m had purchased Alaska, and had secure
u any rights In the Behring Sea- The Ion
Us and animated correspondence which too
place ON the same general subject botwec
tho United States and Russia when job
Quincy Adams was our Secretary Of Sta
-, aud Mr.. Politica was the representative
w the Russian Government In this countT
-
= ton. Mr.. Polilica had claimed that the OF
&C. tent Of sea OF which These possessions for
the limit comprchends all the condition
which are ordinarily attached 10 close
sea-" Mr. Adams replied; 1T may sufii'
a., to say that the distance from shore
a, shore on this sea In latitude 6l0 north
w not less than 00' OF longitude or 4,0l
bc miles" Tho committee also conclud
iL that tho protest in the correspondent,
with reference TO the matters In contr
yersy a. well M the treaties OF 1924 ar
A.. 1925, which settled them, all had reie
encc 10 that section OF the coast and waite
TO- OF the North Pacific Ocean between u
/ 5lst parallel OF north latitude and Moul
Ia st. Elias, and east OF the lilst merida
M. In all the correspondence, projects NJ
,es treaties, there Is no allusion 10 BchriI
10. Sea or 10 any region OF country with
1000 miles OF It's eastern border. so tbs
the committee concludes, tho dominic
asserted and exercised by Russia over Oh
ird sea from It's discovery In l725 10 It's par
, ton by the treaty Of cession In 1867 h
! never boon denied or questioned.
R II there was no division Of opinion
l n' the last Congress as TO the attitude OF q
no. Administration toward tho Behring =
ed question, II Is hardly possible thoro will
.ed one in the coming Congress. The Har
'rA son Administration will, undoubtedly, Q
'ok dcayor 10 enforce tho rights and interoi
ore Of the Government In tho fur, seal Al
other fisheries in Alaska, which We