Los Angeles herald., 1891-05-08
A Note to PauncefOte ON the
Bering Sea Question.
Salisbury Taken to Task for
Assuming Too Much.
Uncle Sam Has Not Receded From
His Former Position.
Six Questions Submitted by the President
Upon which He is willing to
Arbitrate.
Associated Press Dispatches.


from Secretary Blaine to Sir Julial
Pauncefote, under date April 14th, i
made public. 1t says in part:
''The notifications which Lord Sails
bury suggests in the questions for arbi
tration, do not wholly meet the view
of the president, but the presiden
changes the text OF the third and fifth
in such a manner, it is hoped, as will
result in an agreement between the two
governments. While Lord Salisbur
suggests a different mode of procedure
from that, embodied in the sixth ques-
.tion, the president does not understand
him actually to object to the question
and therefore assumes it is agreed.
gs "THE SIX QUESTIONS
now proposed by the president are:
"First-What exclusive jurisdiction
in Bering sea, and what exclusive rights
in the seal fisheries, therein, did Russia
assert and exercise up'to the time of the
cession of Alaska to the United States 2
"Second-How far were those claims
conceded by Great Britain?
% 'tPhird-Was the Bering sea included
in the phrase Pacific ocean, used in the
treaty OF 1926 between Great Britain and
Russia, and what rights, if any, in Ber-
ing sea were held and exclusively exer-
cised by Russia after said treaty?
"Fourth-Did not all the rights OF
Russia pass unimpaired to the United
States under the treaty of 1867?
"Fifth-Has the United States any
right, and if so, what right OF protection
or property in the fur seals frequenting
the islands OF the United States in the
Bering sea, when such seals are found
outside the ordinary three-mile limit?
"Sixth-If the determination of the
foregoing questions shall leave the sub
ject in such position that the concur
renee of Great Britain is necessary in
prescribing regulations for the killing of
fur seal in any part of the waters of
Bering sea, then it shall be further de-
termined: (1.) How far, if at all, OUT
side the ordinary territorial limit. it is
necessary the United States should ex-
ercise exclusive jurisdiction, in order to
protect the seal for the time living upon
islands of the United States, and feed
ing therefrOm; (2.) Whether a closed
season, during which the killing OF seals
in the waters of Bering sea, outside the
ordinary territorial limits, shall sbe pro-
hibited, is necessary to save the seal
fishing industry, SO valuable and i'm
portant to mankind, from deterioration
or destruction, and if so, (3) What
months or parts of months should be
included in such season, and over what
waters it should extend.
"The president does not object to an
additional question respecting alleged
damage to English ships, if the condi-
ton can be added that if the United
States shall prevail in the arbitration,
all seals taken by Canadian vessels dur
ing the period, shall be paid for at the
ordinary price for which the skins are
Sold"
AS TO THE MARE CLAUSUM.
In Lord Salisbury's dispatch of Feb
ruary 21st, he makes the declaration
that it is now quite clear that the ad-
visors OF the president do not claim that
the Bering sea is mare clausum. and in
deed repudiate that contention in ex-
press terms. On this subject Mr..
Blaine says:
lord Salisbury's expression is in
form to imply that the United States
has hitherto been resting its contention
upon the fact that the Bering sea was
mare clausum. If that was the inten-
ton it would have been well for his
lordship to specify wherin the United
States ever made such assertion.
cp"Lord Salisbury complains that did
not deal with certain protests OF Lord
Londonderry and the Duke of Yelling
ton in 1922. In my dispatch OF Decem-
ber 18th / especially dealt with them
maintained, and, think, proved from
the text that there was not single
word in those protests referring to the
Bering sea, but that they referred, in the
language of the Duke of Wellington, only
to lands extending alorg the shores OF
the Pacific ocean from latitude 40 and to
latitude go degrees north. In Lord
Londonderry's p otests he alludes to
matters in dispute as especially con-
nected with the territorial rights OF the
Russian crown on the northwest coast oi
America, bordering on the Pacific ocean,
and the commerce and navigation of his
imperial majesty's subjects in the seas
adjacent thereto. Both protests referred
to the territory south OF the Alaskan
peninsula, bordering on the Pacific, and
geographically shut out from the Bering
sea.
In LOru CallSUury JuuSHeHI TIE
contention of the United States now
rests wholly upon the ukase of 1921, by
the emperor OF Russia. The United
States has at no time rested it's argu
ment solely on the ground mentioned
and this government regrets that Lore
Salisbury should have so misapprehend
ed the American position as to the limit
of its basis of right in the Bering sea, tt
the ukase of 1921.
THE THREE-MILE LIMIT.
"The United States has, among othe
grounds. insisted, without recurring t.
any OF its inherited superior rights il
Alaska, that this government has as full
authority for going beyond the three
mile limit in case OF proved authority al
Great Britain possesses. Two or thre,
instances of the power which Grea
Britain exercises beyond the three-mil
line have already been quoted, but hav,
failed thus far to receive comment O
explanation from Lord Salisbury
Another case can be cited, perhaps still
more to the point. In 1889-only tw,