The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-07-26

The doctrine that Behring Sea is n closed
sea, like Chesapeake Bay or Lake Michigan,
and that our Government exercises absolute
sovereignty over its waters within the
boundaries defined by the treaty Of pur-
chase, might be worth fighting for. But 1t
has never been asserted distinctly through
tho Department Of State. 1t is not now
question ut issue between Mr.. BLAINE and
Lord SALISBURY.
Congress asserted that claim, however,
when in the act Of July q, 1868, 1t extended
the operation OF the laws OF the United States
over Tho mainland, islands. and waters OF
the territory coded to the United States by
the Emperor OF Russia"
Congress further asserted our dominion
over Behrlng Sea when it passed law for
bidding any person, except such as are duly
authorized by the Government to kill any
fur seal or other fur-bearing animal within
the limits OF Alaska Territory or Of the
waters thereof"
The President OF the United States has as
serted the closed sea doctrine whenever he
has by proclamation warned trcspassers
and poachers that they will be punished il
found killing fur seal in Behring Sea with
In the limits defined by the treaty.
The Secretary OF the Treasury has asserted
the same doctrine every time that he has is
sued to the commanders OF our revenue cut
tiers stationed in BehrlnR Sea instructions to
pursue and seize Canadian or other vessels
engaged In the capture Of fur seals contrary
to the statutes designed for tho protection
OF that animal.
The President and the Secretary Of the
Treasury are bound to assume that we have
dominion over Behrlng Sea. because the laws
OF this country assume such jurisdiction.
And it Is their duty to enforce the laws.
Congress assumed our jurisdiction there,
because the treaty which Mr. SEWARD nego-
tiated with Russia expressly conveyed to
tho United States this vast part ofthe North
Pacific Ocean, larger in area than the Alas
kan mainland itself.
Tho whole question, therefore, depends on
Russia's original right and power to transfer
to US tho Alaskan waters along with the
Alaskan mainland and Islands that were in
disputably her property until they became
ours by purchase.
We were curious, a little moro than year
ago. when the Behring Sea question first be-
came important, to see whether the HARRI-
SON Administration and the Fifty-first Con-
grsss would openly assert to Great Britain's
face the astonishing theory Of ownership
and jurisdiction which had been adopted
as the basis of all our domestic
leglsla ton concerning Alaska. This has not
been done. either in any of the State Depart
ment's correspondence with foreign Gov
ernments, or by n declaratory resolution OF
Congress- Even Secretary BLAINE vigor-
Gus ns are his views OF American policy and |
little subject as he is to fits of timidity in
his assertion OF American rights, consplcu- |
ously refrains from resting our case on a |
sweeping claim to the sovereignty of that |
sea. He does not surrender the claim but |
no does not assert it. His argument Is on |
other lines; and Nble and vigorous as 1t Is, !
its structural weakness is due TO the fact that |
the Secretary has too much common sense
and too strong sense OF Official RESPONSE
bility to proclaim doctrine which the Con-
grcss Of the United States has established
for purposes OF domestic legislation only, |
and not as principle TO be maintained in
our relations with foreign powers.
Tho result Of this anomalous procedure is |
one OF the Quccrest situations ever known to |
diplomacy. Under our laws the mercenary
Canadians who are proving upon tho fur
seal In DehrinG Sea outside tho marine |
league limit hut TO the damage OF our UNI
disputed rights on the seal islands, are Grim
inals, 10 be captured and punished. Under
our laws 1t Is tho duty OF the executive au-
thoritieS 10 pursue capture, and punish
them as criminals. From their own
point OF Wow. and under internn-
tional law and precedent. these same
miserable Canadians arc merely en-
gagged In FREQ enterprise upon tho high
seas; a mean and contemplate industry
perhaps, In It's effect upon the interests of
friendly neiGlboF. but one which is tech !