The Portland daily press., 1891-03-11
SALISBURY TO SIR JULIAN, GREETING.
The Reply Of vIctoria's Statesman to
Mr.. 6Iaine's Questions.
Several Points Agreed Upon, Others
Can Be AFbItrated.
A Few are Not Pleasant Reading For
Her Majesty.

WASHINGTON, March 10. Sir Julian
Pauncefote has received a communication
from Lord Salisbury on the Behring Sea con-
troversy which he has laid before Secretary
Blaine. Lord Salisbury says: Itiis a matter
Of sincere satisfaction that the President is
willing to refer to arbitration what he coz
ceives to be the matters under discussion be-
tween the two governments during the last
four years. In regard to the questions pro-
posed by Mr.. Blaine, we should say as to the
first and second that no objection will be Of
fered by Her Msjesty's government. They
are-1st: What is exclusive jurisdiction In
Behring Sea? Wha. exclusive rights In the
seal fisheries therein did Russia assert and
exercise prior to the time Of the cession of
Alaska to the United States?
I'd. How far were these claims OF jurisdic-
tion as to the seal fisheries recognized and
conceded by Great Britain?
3rd-Was the body Of water known as
Behring Sea included In the phrase Pacific
Ocean" as used In the treaty of 1925 between
Great Britain and Russia? What rights. II
any, In the Behring Sea were given or con-
ceded to Great Britain by said treaty? Her
MaJesty's government have no objection TO
referring 10 arbitration the first part of that
question with the reservation that they do
not admit that decision Of It can conclude
the larger question the arbitrator would
have to determine. To the latter part Of
No. 1t would be their duty to take excep-
tion. Great Britain never suggested that
any rights were given her or conceded to her
by said treaty.
4th-Did not all the rights of Russia as to
Jurisdiction and seal fisheries in Behring
Sea east of the water boundary In the treaty
between the United States and Russia of the
30th Of March, 1867, pass unimpared to the
United States? Great Britain Is prepared to
accept this without dispute.
5th-What are now the rights of the Unit
ed States as to the fur seal fisheries In the
waters OF Behring Sea outside the ordinary
territorial limits, whether such rights grew
out OF the cession by Russia Of any special
rights or jurisdiction held by her In such
or out OF the ownership of breeding islands,
or out OF any other factor or incident con-
nected with the relation of those seal fisher
les to the territorial possessions of the Unit
ed States? The first clause would be very
referred rel to the decision Of the arbitrator.
The subsequent clause which assumes that
such rights conld have grown out of the
ownership of breeding islands or any habits
OF seals in resoIting thereto involves the as
sumption as to the prescriptions Of interna-
tlonal law at tee present time to which Her
Majesty's government is not prepared to ac-
cede.
Sixth-Relatiug to the establishment of a
close period In seal fishing deals with issues
which will arise in case the controversy Is
decided in favor Of Great Britain and will,
perhaps, more fifty form the substance of
separate reference. Her Majesty's govern
ment have no objection 10 referring the Ques-
tion Of close time to arbitration or to ascer-
tain by that means how far the enactment OF
such provision Is necessary for the preser-
walton of the seal species. Any such refer
ence ought not to contain words appearing
to attribute special and abnormal
rights in the matter to the United States.
Lord Salisbury suggests the reference to the
arbitrator Of the question as to what dam
ages 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 In International law
Subject to these reservations, the letter says
England Is willing to submit to arbitration
the adjustment of the controversy.