Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-03-11
CERTAIN RESERVATIONS
Lord Salisbury Iakss b BsArilg 81
Controversy.
The 0souncs On which Bpglacd Sub.
mits 10 AsbifIatioc. :.

WAsaINsrox, March lO.-Sif Julian
Pauncefote has received communication
from Lord Salisbury on the Behfins ssA
controversy, which he laid before Secretary
Blaine. Lord Sal sbufy says: 1t mat
ter Of sincere satisfacsiou that the Presi-
dsnt 10 willing to refer to arbitration what
he conceives to be matters under discussion
BY the two governments for the last four
years. In regard to the questions proposed
by Mr.. Blaine, should cay ~ 10 first and
second that NO objection would be offered
BY her Rsjesty's government They are
Firs.-Whst exclusive jurisdiction In
Behring see, whst exclusive rights In the
seal fisheries therein, did Russia assert and
exercise prior to the time Of the cession Of
Alaska to the United Ststes?
Second-How far were these claims Of
jurisdiction - 20 the seal fisheries recog-
nized and conceded by GreAt Britain7
Third-Wss the body Of water now
known IS the Bshring Sea included in the
phrase, Pacific Ocean. ~ used In the treaty
Of 1928 between Great Britain and Russia,
and what rights, il any, in Behring Sea
we're given or conceded to Great Britain
BY that tresty9
Her msjesty's government would have
no objection to referring to arbitration the
first part of that question, with the resefva-
ton that they do not admit the decision Of
it can conclude the larger question which
the arbitrator would have to determine. To
the latter part Of the third 1t would be their
duty to take exception. Great British
never suggested that any rights were given
her or conceded to her BY said treaty.
Fourth-Did not all the rights of Russia %
to the jurisdiction and seal fisheries in the
Behripg Sea east Of the water boundary in
the treaty between the United States aud
Russia, March 80, 1867, pAss unimpaired
to the United States under that treaty?
Great Britain 10 prepared to accept this
without dispute
Fif,h--What are now the rights Of the
United States ~ to fur seal fisheries in the
waters OF BehriDg seas outside the ordinary
territorial limits, whether such rights grew
out of the cession by Russia Of any special
rights or jurisdiction held by hen in such
fisheries or in the waters Of BehFing sea or
out of ownership of the breeding islands
and the seals resoriipg thither and rearing
young thereon, going out from the islands
for food, or out Of any other fact or Incl.
dent connected with the relation Of those
seal fisheries to the territorial possessions
Of the United States.
The hrst clause would be very properly
referred to the decision Of an arbitrator
The subsequent clause, which assumes
such rights could have grown out Of the
ownership Of bres ding islands and habits Of
scale and in resortinR thereto involves the
assumption Is to the prescriptions of inter.
national law at the present time to which
her msjesty's government is not prepared
to sccede.
The sixth, relating to establishment Of
the closed period in seal fishing deals with
issues that will arise in case the consrO-
versy is de cided in favor of Crest Britain
and will perhaps more fily form substance
for separate references. Her majesty Q
government will have no objection to re-
ferring the general question Of close tine
TO arbitration, or sscertsia by that means
how far the enactment Of such provision
10 necessary for the preservation Of the
sesl species. Any such reference ought
net to contain words appearing to attribute
special and abnormal rights in the matter to
the United StStes.
Salisbury suggests q reference to the
arbitrator Of the question, what damages
are due persons injured, in case it shall be
determined by him that the action Of the
United States in seizing British vessels has
been without warrant 10 international law.
Subjecs to these reservations. the letter
saye England is willing to submit to srbi-
traiion the adjustment Of the controversy.