The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-11
IT MAY Be ARB|TRATED,
The Vexatious Bering Sea Question
at Last in Fair Way Of
Settlement.
Lord Salisbury's Reply to Secre-
tary Blaine Made Public by
tho Latter.
With SomO Notifications Hc Will ArbI.
trate the Propositions Laid Down
by Our Government.

by Our Government
WASHINGTON, March 10.--The Bernp sea
negotiations have taken favorable turn,
and the governments of the United States
and Great Britain appear to have ut last
reached basis upon which TO settle their
difficulties. The communication from Lord
to Sir Julian Pauncefote, British
minister here, under date Of Feb. IL, was
made public by Secretary Blaine tonight.
In it Lord Salisbury says the dispatch Of
Mr.. Blaine, under date Of Dec. II, last, has
been carefully considered. II Is now clear.
he adds, that the advisors Of the president
do not claim Bering sea as mare
clausum, and, indeed, that they repudiate
that contention in express terms. Nor do
they rely as justification for the seizure Of
British ships in the open sea upon the con-
tention that the interests of seal fisheries
give to the United States government any
right for that purpose which, according to
international law. it would not otherwise
possess. Whatever importance they attach
to the preservation of FUR seal species, and
they justly look on it az an object desery-
conceive that it confers upon any maritime
power right over an open ocean which that
power could not assert on other grounds.
The claim of the United States to prevent
the exercise OF seal fishing by other nations
in Bering sea rests now exclusively upon
the interest which, by purchase. they pos
sess in the ukase issued by Emperor Alex
ander I. in the year 1921, which prohibits
foreign vessels from approaching within
100 Italian miles of the coast and the
islands then belonging to Russia in BerinR
sea.
ut is not az 1 understand, contended
that the Russian government at the time of
the issue of this ukase, possessed any in
herent right to enforce such prohibition,
or acquired by the act Of issuing it any
claims over the open sea beyond the terri
torial limit of three miles, which they
would not otherwise have possessed. But,
it is said, this proposition, worthless in it.
self, acquired validity and force against the
British government because that govern
mint can be shown to have accepted it's
provision. Our contention is that not only
can it not be shown that the government Of
Great Britain, at any time since 1921, has
admitted the soundness Of the pretension
put forward by that ukase, but that IL can
be shown that it has catagorically denied
it on more than one OCCASION"
To sustain this contention Lord Sails
bury quotes from letter of January. 1922,
from Lord Londonderry to Count Lieven,
Russian ambassador in London, and also
from a note by the duke of Wellington to
Count Nesselrode, October, 1892, refusing
to admit Russia's claim.
Her maiesty's government has no doubt
vvh Rriki To ho
same rights in Bering sea which belong to
them in every other portion of open ocean,
but it is nevertheless a matter of sincere
satisfaction that the president is willing to
refer to arbitration what he conceives to be
matters which have been under discussion
the last four years. In regard
to the questions as proposed by
Mr.. Blaine, l should say, as to the first and
second, that no objections will be offered
by her majesty g government. They are as
follows First-What exclusive iur,sdic-
tion in the sea known as Berlng sea, and
what exclusive rights in the seal-fisheries
therein, did Russia assert and exercise
prior and up to the time of the cession of
Alaska to the United States? Second
How far we're those claims of jurisdiction
az to seal fisheries recognized and conceded
by Great Britain2"
The third question is expressed in the
following terms: "Wss the body of water
now known as Bering sea included in the
phrase Pacific ocean, as, used in the
treaty of 1926 between Great Britain
and Russia, and what rights, # any,
in Bering sea were given or
conceded to Great Britain by said treaty."
Lord Salisbury says that Great Britain has
never suggested that any rights were given
to her or conceded to her by said treaty.
All that was done was to recognize her
natural right ot free navigation aud fishing
s,,A hat tv,o thnr % Of hn f1H
ocean. Russia did not give those rights to
Great Britain, because they were never hers
to give away.
Fourth-"Did not all rights of Russia as
to jurisdiction and as to seal fisheries in
Bering sea, east of the water boundary. IN
the treaty between the United States and
Russia, March 30, 1887. pass unimpaired to
the United States under the treaty?" This
question, Salisbury says, is hardly worth
referring to arbitrator, as Great Britain
would be prepared to accept it without dis
pute.
The other questions, IA to the rights of
the United States and the establishment of
a closed period. Lord Salisbury says may be
submitted to an arbitration, with some
qualifications.
"There is an omission in these questions
which, have no doubt. the government of
the president will be very glad to repair.
and that il reference to the arbitrator of
the question of what damages are due
to persons who have been injured, in
case it shall be determined by him
that tho action of the United States in seiz-
ing British vessels has been without war
rant in international laws. Subject to
these reservations, her majesty's govern
ment will have great satisfaction III join
ing with the government of the United
States Ill seeking by means of arbitration
the adjustment Of the international ques-
tion, which h,,s so long formed matter vt
controversy between the two governments.
brazilian Ports Thrown Open.
WASHINGTON, March 10.-Brazilian news
papers have been received at the depart-
ment of state containing the dscree by tho
president OF Brazil, declaring the ports ot
that country free and open to imports from
the United States that were included III the
recent reciprocity agreement, thus settiuR
at rest the rumors current ana assertions
coming from various quarters that the Bra
zilian government did not recognize the
validity of the treaty.
The Direct Tax.
WASHINGTON. March l0.--Assistant Score
tary Nettleton has notified claim agents and
others interested in claims under the direcs
tax act that all payments under that Acs
will be made to states, in trust for citizens
thereof from whom they were collected or
Ieunl representa- and that claim agents
and others will not bs allowed to exnmine
the direct tax racords OF the department.
unless authOri2 ss