Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-03-11

that any rights were given TO her or con-
ceded TO her by the treaty.
All that was done was to recognize her
natural rights of free navigation and fish
ing in that, as in all other parts OF the Pa
elhc ocean. Russia did not give those
rights to Great Britain, because they were
never hers To give away.
4 Did not all the rights OF Russia as
70 Jurisdiction and as to the seal fisheries
Ia Behr1ng sea east of the water boundary
IN the treaty between the United States
ana Russia of March 30, 1867, pass unim-
paired 20 the United States under that
treaty. The fourth question is hardly
worth referring to an arbitrator, as Great
britain would be prepared to accept it
without dispute.
Our Right to the Seals.
The fifth proposed question runs as fol.
lows:
. What are now the rights Of the
United States as to the fur seal fisheries in
the waters Of the Behring sea, outside OF
the ordinary territorial limits, whether
such rights grew out OF the cession by Rus.
sia OF any special rights or jurisdiction
held by her IN such fisheries or in the wa
ters Of Behring sea or out of the ownership
OF the breeding islands and the habits OF
the seals In resorting thither and rearing
the young thereon and going out from the
Islands for food, or ont OF any other fact OF
incident connected with the relation OF
those seal fisheries TO the territorial pos.
sessions Of the United Statesg
THE first clause, What are now the
rights Of the United States as To the fur
seal fisheries in the waters of the Behring
sea outside Of the ordinary territorial
limits, Is question which would be very
properly referred to the decision of an arhi.
TRAITOR But the subsequent clause, which
assumes that such rights could have grown
out OF the ownership Of the breeding isl.
ands and the habits Of the seals in resort.
ing thereto, involves an assumption as TO
the prescriptions OF international law al
the present time TO which her maiesty's
government are not prepared TO accede.
A Closed Sealing Season.
"The sixth question (relating to the es
tablishment of closed period In seal fish
ingl which deals with the issues that will
arise In case the controversy should be de
cided Ia favor Of Great Britain, would.
perhaps, more fifty form the substance Of
a separate reference Her majesty's gov.
ernment have no objection 70 refer the
general question Of a close time to arbitra.
ton or 30 ascertain by that means how
FAR the enactment of snch provision il
necessary for the preservation OF the seal
species but any such reference ought not
70 contain words appearing TO attribute
special aud abormal rights in the matter
to the United states.
The Question of Damages.
There Is an omission in these questions
which have no doubt the government Of
the president win be very glad to repair.
and fhat Is the reference to the arbitrator
OF the question what damages are due to
the persons who have been injured, III ease
i shall be determined by him that the
action Of the United States in seizing Brit
ish vessels has been without warrant In IN.
ternational law. Subject TO these reserva.
tions her majesty's government will have
great satisfaction IN joining with the gov.
ernment of the United States IN seeking
by means Of arbitration, mn adjustment 81
the international questions which have so
long formed matter Of controversy be.
tween the two governments