The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1891-03-18
The Behring Sea Dispute.

OeCTcJdIy Dldlnt o ietItI VI idob OcCcm-
Der on the Behring sea matter. 1t is
certainly very able paper. The cause
of Great Britain is presented in clear,
logical and comprehensive manner.
The letter begins by asserting that our
government does not claim that Behring
sea is a closed sea, nor that the inter-
ests of the seal fisheries give to the |
United States any right which it other
wise would not possess under interua'
tional law. The claim of our govern
ment of right to prevent the exercise
of seal fishing by other nations in
Behring sea now rests exclusively, the
etter says, upon the ukase issued by
the Russian emperor in 1921 prohibit
ing foreign vessels from approaching
within one hundred miles of the coast
and islands then belonging to Russia in
that sea. Having thus stated what he
assumes to be the ground of the con-
tention of the United States, Lord Sal
isbury proceeds to show that that
ground is untenable. The ukase of
the Russian emperor was usurpation
in the first place, and it could only OBJ
tain validity by the formal or effective
assent of the British government. Not
only, continues the letter, has such
assent never been given by the British
government, but that government has
categorically denied it on more than
one occasion. The treaty of 1926
between Great Britain and Russia was
quoted by Secretary Blaine to sustain
the assertion that Great Britain ac-
quiesced in the claim of Russia to juris-
diction for one hundred miles from
land. Lord Salisbury, however, cannot
see that the treaty supports the asser-
ton. The stipulation in that treaty
was that the respective subjects Of the
two nations shall not be molested in
navigation or fishing in any part of the
Pacific ocean. Secretary Blaine claimed
that in 1925 Behring sea was not re-
garded as part of the Pacific ocean, and
that in specially mentioning the ocean
it was inferentially admitted that the
waters of Behring sea, to the extent of
one hundred miles from shore, should
remain under Russian Jurisdiction.
Lord Salisbury cannot understand why
Behring sea was not as much part of
the Pacific ocean as the Bay of Biscay
Is part of the Atlantic ocean or the
Gulf of Lyons Is part of the Mediter-
ranean sea, and he sends list of thirty
books of dates from 1795 downwards III
which the sea is spoken OF as part of
the Pacific ocean. What Russia did not
possess she could not sell to the United
States. Lord Salisbury consents to ar
bitrate the questions submitted by Mr..
Blaine, but some qualifications of those
questions are suggested! IL is also
suggested that the question Of the
amount of damages done to British
fishing vessels by the United States be
referred to the arbitrator, in case it Is
decided that the United States has
made the seizures in violation of inter-
national law.
If the case of our government Is to
rest on the purchased rights established
by the Russian emperor's ukase, as
Lord Salisbury assumes, the prospect
| of success by arbitration is not assur-
ing. The ukase undoubtedly was
usurpation, and Great Britain has not
formally assented TO it. Even If assent
had been given in unmistakabie Ian
guage, the principle would not hold
against general international law, which
has al along been restricting jurisdic-
ton 90 the high seas. Our own coun-
try has Seen among the most active in
denying The right of great maritime and
naval powers, like Great Britain, to
exercise jurisdic zion beyond the three
mile limit. In thisN course it has obvi-
ously been acting o. correct prin-
ciple as well as in our interest as
state having small nava. armament.
1t is too late now to go back y lhe. idea
of high sea jurisdiction, and W, 40 not
wish to do it either. The ukase OF Inc
Russian emperor was in direct def Nnce
to international law, and whether CIR, %t
Britain assented to it or not. ant
our government supports il or
not, 1t cannot be permanently sus-
tanned. If an exception to the three
mile limit is made in the case of the
Behring sea islands, it must be on other
grounds than this ukase.
But we do not understand that Sec
'etary Blaine has retreated from his
position that, as the seals make their
homes on the islands purchased by us
rom Russia, they are ours even while :
hey are temporarily on the high seas. !