The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-08-01
AN OPEN QUESTION
As to Whether BeIlring Sea is a
Mare ClauSum.
CANADIAN OFFICIALS EXERCISED.
Scene of TrOubIe-A State Department
officials Views-E squimault Docks.
fsnecial o THE HRRALp.-Eraminer pispatch

Especial TO THE HERALD Examiner Dispatch
WASHINGTON, July 31.-Sectien 1856 of
the revised statutes of the United States
denounces penalties of fines and imprison-
lnent of persons and forfeiture of vessels
and cargoes for unauthorized sealing
within the limits, of Alaska territory or
the waters thereof and the act Of Con-
gress approved May II, 1884, for the organ
iZation of the territory of Alaska commits
the jurisdiction to infiict these fines, i'm
prisonment and forfeitures to a district
court Of the United States established for
that territory, and to sit at Sitka, Wrangel
or elsewhere within the territory.
The present administration is understood
to not be over friendly towards that enter
prising corporation, but with its usual
adroitness it forestalls the possibility of
GOODNESS by procuring the passage of an
act of Congress during the closing
days of the session which. without defying
The dominion of the United States under
the treaty of cession, required the incom-
ing President to assert and protect it. The
result has been to throw again upon the
captains of the revenue cutters the respOn-
sibiliUY of peacefully deciding whether
Behring sea is or is not a part of the terri
y
.ssibly decide only one way in view of what
has occurred heretofore.
At the state department specific claim
was made by fishermen from Behring sea,
but was successfully resisted by the United
States, and had never been practically as
serted down to the time of the cession. tlat
the diplomatic history and traditions OF
the United States would be inimical to any
contention that Behring sea is a closed sea
from which the vessels or subjects of any
power could be excluded. The present ad- |
ministratOn inherited the question. They |
state that Messrs. Bayard, Fairchild and
Garland left it. and they have not vet |
specially considered it nor developed any
conclusion upon it. There has been gen
eral superstition that the activity of the |
revenue cutters which began in 1856, was |
continued in 1887, but which in some mys- /
terious way was intermitted in 1888, pend !
ing the BIyard- Chamberlain treaty, was !
due to the influence of the Alaska Com !
mercial company.
No treaty, statute, judicial decision or /
executive proclamation or communication /
has ever defined what waters are or are |
not waters Of Alaska. At the opening of |
every fishing season the secretary of the
treasury sends revenue steamers to
Behring sea with Instructions to cruise
therein and to enforce the laws prohibiting
!, unlawful fishing within the limits of
NAlaska territory, or within the waters
thereof. The captain of each revenue
vessel considers this to be an order to pre-
vent any sealing in Behring sea south of a
line drawn Southwestly between the st.
Lawrence islands and the adjacent Siberian
capes, because some years ago upon a
Hypothetical case the then secretary of the !
treasury expressed an opinion that the |
jurisdiction of the United States in Behriug
sea was not, in view of the treaty of ces sion
of Alaska confined to a marine league
frpr Ia 81 aG n nv Secretary
Boutwell,, but included all the water on the
American side of the boundary line drawn
across the sea in the treaty of cession.
In the absence of the prominent heads of
the government from Washington it is i'm
possible to get any important expressions
Of opinion of consequence on the Black
Diamond. If they were present, their
almost total ignorance of the question
would produce virtually the same result
One of the consequences that seems to be
generally expected is the fastening of the |,
return of the British minister to his post
For three years the legation here has been
constantly pressing the claims of the Brit
ISL sealers seized in 1886 upon the depart
ment of state without the slightest result
There is now no reason why the British
government, under the impulse of the gov
eminent Of Canada, should not insist that
the department OF state should state
whether it claims that Behring sea is a
closed sea o. admits that it is an open one.
In the former case, Mr.. Blaine will have to
reconcile the apparently irreconcilable by
main tanning his position upon the authority
of precedents and the recognized canons of
international law; and in t O latter there
will be a nice bill to pay out of the treasury
surplus for seizures and concentrations of
British vessels and cargOes mon the high
seas, AMI the fine and impri sOnment of
British subjects engaged III lawful bust