The new North-west., 1891-01-30
THE HERRING SEA CONTROVERSY

The Philadelphia Press, in commenting
on the Behring sea matter, says, edito-
rally:
Secretary Blaine, in his last dispatch,
has effectually answered both Lord Sails
bury and his critics i'll this country The
administration has not refused arbitration,
but, instead, urges it upon the precise
issues and position which for two years
past have made up the case Of the United
States. Lord Salisbury is explicitly an
swered on the historical point first raised
by his dubious quotations from Minister
Adams, abundantly answered by Secretary
Blaine last May, and now again met by the
Secretary since Lord Salisbury has returned
to the defense of his untcnnblc, that both
Great Britain and the United States i'll the
last.Gentury, in 1921, and in succeeding nv
ton claimed and exercised by Russia i'll
Behring Sea. The issue, as we have SO
often pointed out, is not whether Behring
Sea is a mare clnusum, or closed sea, in the
sense, for instance, that Chesapeake Bay
| is. 1t would be ridiculous to urge this for
a closed sea with door I 300 miles wide.
| The question between the two countries is,
first, whether Russia did or did not claim
and exercise Il special jurisdiction over
| Behring Sea for the purpose of protecting
| its seal fisheries; second, whether this
| jurisdiction for this purpose was Or was not
denied by Great Britain and the United
States in treaties III which Russia waived
any such special jurisdiction over the Pa
citc, and third, whether the character,
extent, and exercise of this Russian juris-
diction to which the United States sue
cceded give the United States a just right
to eSercise-with or if necessary, without
the consent Of other nations-such police
of the seas as is necessary to preserve the
seal fishery owned by the United STATES
from loss or destruction. Lord Salisbur,
asks for All arbitration on the naked point
whether the United States can Keep any
body and everybody ont Of Behring Ser
on the ground that it is an enclosed sea
Secretary Blaine asks an arbitration on 1llt
broad subject whether the practice OF ;
century, first by Russia and then BY tn
United States, has not created presump
tive right for the exercise Of such power
On tie high seas and only such powers
as are needed to protect a valuable ia
tional property in the seal fishery. lie i
ready, in addition, TO leave to the trihuna
the decision whether these powers shoult
be exercised as Of right by the unitc'
States or after special agreement Will
} Great Britain and other maritime powers
, Such an arbitration we do not believe cal
2 be denied by Great Britain, and its deman'
will be universally sustained in this coun
, try wherever it is understood. Nor can til
, few papers which place their dislike 70
Secretary Blaine above their patriotisr
, long conceal from their readers the tru
issue. On the issue-which is none q
. Secretary Blaine's making-whether tn
u treaties, dispatches, and protocols of slN
f years ago, which began over the attempt q
, Russia to extend its jurisdiction over Bel
ring sea oyer a segment Of the Pacific, an
| ended in q remuneration of Il special Rus
+, sian jurisdiction over the Pacific, compre
hcntlcd "Bchrng Sea- in the term "Pac!ti
: Ocean" as a part Of the latter, Secrctar
Blaine has unquestionably the ,tronge
:, case. The simple fact is that neither Eng
land nor the United States then wantc
3 more than IL free search for whales in tn
yhre il r,se tre bot accspted in orie
!. to avoid Il contest over Il subject not Wit;
= to Washington and London and vital to
i. wealthy trading company in ST. Petersbur
. can be used for both the interpretatio
g urged by Lord Salisbury and Mr.. Blaine
j The treaties Of sixty years ago were NJ
, then conclusive, or they would not hav
i been accompanied by so many CLOSES !
8 ease" exists for both interpretations; b,
$ the candid reader will give Mr. Blaine tn
weight Of argument, supported as it is b
the then usage, in favor of his assertio
i, that the term Pacific did not include bl
{ excluded Bchring Sea. This being til
case, 4 full technical aud verbal found;
$ tion is laid for the claim that actual dc fact
jurisdiction of Russia and the Unite
t States, which no one denies, created
: de ejnre right to protect seals, and the r,
$ marknblc British prncedents quoted
: Secretary Blaine clinch this right to pre-
tect national interests and property out c
9 sight of land.