New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-11
ARBITRATION AGREED. TO.
FOR THE SETTLEMENT OF THE BEfIRING
SEA DISPUTE.
A TREATY WITH ENGLAND TO BE SUBMITTED TO
THE SENATE.
. SpY TELEGRAPH TO TIE IKiBUNE.I


day by the Attorney y-General. This is the first
official statement regarding the pending contro-
versy with Great Britain given to the country
since the publication of the diplomatic correspond
ence last spring. Unoiiciay it has been known
for some time that arbitration would be agreed
upon by the two Governments a means for
settlement Of this question. These dispatches
have repeatedly pointed to such a solution OF the
difficulty But It remained for the Attorney-Gen-
cral. acting the representative Of the executive
branch Of the Government in the case now pending
before the Supreme Court. to take the public
into the confidence of the Administration, and to
disclose fact which otherwise would probably
not have become known except through the usual
channels by which news of this character leaks
through the United States Senate and the State
Department.
Meagre as the information is which the Attor-
ney-General and Solicitor-General Taft furnished
to the court and afterward to representatives OF
the press, IL seems indicate that no substantial
difficulties were encountered in reaching final
basis for the matter to be submitted to arbitra-
ton. This, it will he remembered, was the
stumbling block in the way of a settlement when
the President started last spring his trip West.
The Administration, through the Secretary OF
State, had at first intimated that it would be
willing to submit all the questions at issue to ar
bitration. TO this Lord Salisbury demurrcd, and
made countcr-p propositions which, as the Presi-
dent stated in his last annual message to Con-
gress were not acceptable to this Government.
On December II of last year Mr.. Blaine stated
formally in note addressed to Sir Julian Pauncc-
fote what really were, in the opinion OF the
President, the questions at issue and under dis
cussion between the two Governments for the
last five years Those questions he requested Sir
Julian to ask his Government to consent to sub
nit to arbitration. There then followed long
interval, during which nothing apparently was
done, except that Canadian poachers got ready
to start as early as possible in the season upon
their annual tour of depreciation. On February
II of this year. at last, there came a reply from
Lord Salisbury in which it was stated that the
effect Of the discussion carried on between the two
Governments has been materially to narrow the
area of controversy At the same time Lord
Salisbury announced his qualification over the dis
covery that the advisers of the President Go not
claim Behrng Sea as mare clausum," discovery
he announced to the world at the expense of his
reputation either for truth or for ingenious
ness for no one outside the editorial offices of
few Mugwump newspapers in New-York had ever
heard of such contention Oh the part OF Mr..
Blaine.
lhlS was tnc laSt Dll OF ulplOhldilC coIitspoH"-
ence piycn TO the public upon this question, if
the papers concerning this so-caled modus vlvendi
arranged soon after the return of the President
from his Western trip be excepted. Since then
only two or three notes have been exchanged, but
they have led a. the Attorney General announced
to-day, to an agreement as to the points which are
submitted for arbitration. No. formal treaty has
been sigred yet but may he at any time now. Such
treaty. of course would have to be submitted to
the Senate for ratification, where to pass that
body it would require two-thirds vote. AS to
the fate il will meet in the Senate, il is manfestly
too carly speak, as long as is exact provisions
remain unknown But that an honorable set
tlement by means of arbitration will appear to tn"
Senate as unwse or uncalled for Is not to he
assumed, though it may see 1T to modify the
terms of the agreement in minor particulars.
II NAV not be unntercsting at the present time
1, recall what were Mr.. Blaine's propositions t.
Sir Julian Paunccfote, and what were the OBJ
iections 10 them raised by Lord Salisbury. Placed
side by side il will not be difficult To determine
the nature of the compromise now happily arrived
at Mr. Blaines first proposition to lie submitted
to arbitration was
What exclusive jurisdiction in the sea now
known as the Behring's Sea, and what exclusive
rights in the seal fisheries therein, did Russia as
cesson OF Alaska to the United States?'
To this Lord Salisbury offered no objection.
Mr.. Blaine's second proposition was:
How far were these claims of jurisdiction as
TO the seal fisheries recognized and conceded by
Great Britain?'
To this Lord Salisbury assented likewise. But
il was as to the third proposition made by Mr..
Blaine that lie raised objections. That proposition
read follows:
WAS the body of water now known as the Beh-
ring Sea included in the phrase Pacific Ocean,
as used in the treaty of 1925 between Great
Britain and Russia and what rights If any in the
Rehrino Sea were given to Great Britain by the
said treaty."
To the first part Of this question Lord Sails
hurry offered no objection though he did not wish
IN be understood as admitting that its decision can
conclude the larger questions which the arbitrator
would have to determine To the latter part Of
the question, however, he strenuously took eX-
ception Great Britain, he argued, never sug-
rcsted that any rights were given to her or con-
cetlcd to her by the treaty. All that was done, he
said, was to recognize her natural right Of free
| navigation and fishing in that, as III all Other
parts of the Pacific Ocean.
Mr. Blaine's fourth proposition was:
did not all the rights of Russia as to the
Jurisdiction and as the seal fisheries in Behring
Sea east of the water boundary in the treaty be-
| tween the United States and Russia of March 30.
1867 pass unmpaircd to the United States under
that treaty.
This, too, Lord Salisbury found entirely ac-
ceptable The fifth proposition laid down by Mr.
| Blaine read as follows
| What are now the rights Of the United States
as to the fur-seal fisheries in the waters OF 'he
Behring's Sea, outside of the ordinary terri1oriai
limits, whether such rights grow out OF the ces-
sion by Russia of any special rights of juriSdic-
ton held by her in such fisheries, in the waters
Of Behring'S Sea, or out of the ownership OF the
breeding islands, aud the habits of the seals in
resorting thther and rearing their young thereon,
and going out from the island for food, or out OF