The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-08-06
THE BEHRIEe SEA CONTROVERSY.

tHOuSH uOI Onc tndb 10 likely W pIoFo
serious. 1t changes the relations of the
parties without changing the real ques-
ton at issue. The seizure and search of
the British schooner Black Diamond by
the United States revenue cutter Rich
ard Rush and the ordering of her into port
in charge of an American officer, made
clear case for action by the British gov
eminent, with certainty that it would
demand an explanation. The action of
the British captain in refusing to obey
orders, and taking the schooner into a
British instead of an American port,
probably constitutes technical offense
on his part, and gives the United States
government chance to demand an ex-
PLANTATION. In either case, however, the
demand is pretty sure to be a merely
formal one, and to be made in
such way as to lead directly
to a friendly settlement. The original
seizure of the Black Diamond was GER
tain to bring matters at once to a crisis
and settlement. This new transaction
changes the relations of the parties
somewhat, and adds an interesting ele-
ment to the situation without changing
the main point at issue, viz, the juris-
dictiOn of the United States government
over Alaskan waters, and its right to
police Behring sea for the purpose of
protecting the seal fisheries.
AS the incident is likely to cause con-
siderable discussion and international
correspondence, it may be well to state
the basis and nature of our claim. The
question of American jurisdiction in
Alaskan waters has been giving the
government trouble for several years.
The treaty with Russia of March
80, 1867, clearly defined the bound
aries of Alaska as ceded to the
United States. The limit of ces-
sion extends from a line start
ing from the Arctic and running
through Behring strait to the northern
limit of st. Lawrence islands. The line
runs thence in sOuthwesterly direction
to the meridian of 1913, west longitude.
All the waters within that boundary to
the western end of the Aleutian archi-
pelago and chain of islands were in
closed by this boundary line and consid-
cred as comprised within the waters of
Alaska Territory. This claim has been
made annually for many years past, in
notice published in the newspapers of
all Pacific ports, stating that the United
States law against seal-killing would be
enforced in these waters against all
corners. Great Britain has never dis
tinctly recognized this right, but the
United States has never abandoned it.
1t is said with some semblance of rea-
son that Russia could not convey to the
United States any better title or greater
right than she had herself, and as her
claim to the control of Behring sea was
never recognized by other nations, that
of the United States cannot be. But
Russia never yielded her claim, and
when the United States came into pos
session of Alaska by cession from Rus
STA, she succeeded to a right which,
while it had. been disputed, had never
been surrendered.
The question probably never would
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existence of the seal fisheries. The
growing value of this interest and the
imperative necessity of protecting the
animals from wantOn slaughter and
determination, induced the United States
government to assert its jurisdiction
for that purpose. The laws that have
been enacted on this subject apply to
American as we'll as to British vessels,
and are intended absolutely to prevent
seal-hunting in certain waters.
The Congressional legislation bearing
on the subject is embraced in two Sec
tons. Section 1856, United States Re-
vised Statutes, passed in 1868, is as fol-
lows:
No person shall kill any otter. mink. mar
ten, sable or fur-seal. or any other fur
bearing animal, within the limits of Alaska
every person guilty thereof shall, for each
offense, be fined not less than 500 nor more
$1,000. or imprisoned not more than six
months, or both. and all vessels, their
tackle, apparel. furniture and cargo, found
engaged in violation of this section, shall
be forfeited; bat the Secretary of the Treas
ury shall have power to authorize the killing
of any such mink. marten. sable or other fur
bearing animal, except fur-seals under such
regulations as he may prescribe, and it shall
be the duty of the Secretary to prevent the
killing of any fur-seal, and to provide for
the execution of the provisions of this sec
ton, nor shall he grant any special priv
ileges under this section.
In order to make this provision more
effective, and the claim of the United
States more conspicuous, Congress, at
its last session, passed the following:
Section 1856 of the Revised Statutes of the
| United States is hereby declared to include
| and apply to all the dominion of the United
| States in the waters of Behrlng sea- and it
| shall be the duty of the President, at q
| timely season in each year. to issue his
| proclamation, and cause the same to be
| published for one month at least in one
| newspaper tif any such there be-, published
| at each United States port of entry on the
/ Pacific coast. warning all persons against
| entering such waters for the purpose of vi
| olating the provisions of said sectiOn he
| shall also cause one or more vessels of the
| United States to diligently cruise said wa
| ters and arrest all persons and seize all yes
| sells found TO be or TO have been engaged in
| any violation of the laws of the United
! States therein.
This act was approved by President
Cleveland on the last day of his term
On the 21st of March President Harrison
issued proclamation in which, after re-
citing the above statutes, he warned all
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