St. Paul daily globe., 1891-03-11
SALISBURY ON SEALS.
The British Premier Indites
a Letter to Secretary
Blaine.
The Behring Sea Negotiations
Assume a Favorable
Turn.
A Diplomatic Analysis Of the
Intentions Of the Rus
slams.
England Will Willingly Settle
the Matter by Arbi-
tpation.

WASHINGTON, March 10.-The Behr
ing'S sea negotiations have taken a most
favorable turn, and the governments of
the United States and Great Britain ap-
pear to have at length reached a basis
| upon which to settle their difficulties,
as is evidenced by the following COM
munication from Lord Salisbury to Sir
Julian Panncefote, the British minister
here, which was laid before Secretary
Blaine and was made public by him to-
| night:
Foreign Office, Feb. 21. 1S91.-To Sir
Julian Pauncefote-Sir: The dispatch
of Mr.. Blaine. under date of the 18th of
December. has been carefully consid-
| cred by her majesty's government. The
effect of the discussion which has been
carried on between the two govern
ments has been materially TO narrow
the area of controversy. 1t is now quite
clear that the advisers of the president
do not claim Behring sea as mare
clausum, and, indeed, that they repudiate
that contention in express terms. The
claim Of the United States to prevent
the exercise of the seal fishery by other
nations in Behring's sea rests now eX-
clusively upon the interest which by
purchase they possess in a ukase issued
by the Emperor Alexander |. in the
year 1921, which
Prohibits Foreign Vessels
from approaching within 100 Italian
miles of the coast and islandc then be-
longing to Russia in Behring's sea. 1t
is not, as | understand, contended that
the Russian government, at the time of
the issue of this ukaSe. possessed any
inheritant right to enforce such a pro-
hibitiOD, or acquired by the act of iSsu-
ing it any claims over the open sea be-
yond the territorial limit of three miles
which they would not otherwise have
possessed. But it is said that this prop
Osition, worthless i'll itself, acquired
validity and force against the Brit
ish government because that govern
ment can be shown to have accepted its
provisions. The ukase was a mere
usurpation, but it is said that it was
converted into valid international law,
as against the British government, by
the admission of this government it.
self" Continuing, Lord Salisbury says:
1t is evident, therefore, that so far as
diplomatic representation went, the
kings government of that date took
every step which it was in their
power to take in order TO make
ernment that Great Britain did not
accept the claim to exclude her subjects
for 100 miles from the coast, which had
been put forward in the ukase OF 1921.
Mr.. Blaine does not deal WITH these pro-
tests. which appear to
Her Majesty's Government
to be in themselves amply sufficient to
decide the question whether Great
Britain did or did not acquieSce in the
Russian claim put forward by the
ukase. He confines himself mainly in
the dispatch under consideration to
the consideration of the treaties
which were subsequently made be-
tween Great Britain and Russia
and America and Russia in
1925; and especially of that between
Russia and Great Britain. The treaty,
of which the text is printed at the close
of Mr.. Blaine'S dispatch, does not con-
tain word to signify the acquiescence
of Great Britain in the clam recently
put forward by Russia to control the
waters of the sea for 100 miles from her
coast. There is no stipulation upon
which this Interpretation can be i'm
posed by any process of construction
whatsoever. But there is pro-
vision having. in our Judgment,
totally opposite tendency, which
indeed was intended to negative
the eXtravagant claim that had recently
been made on the part of Russia; and
it is upon this provision that the main
part Of Mr.. Blaine's argument, as |
understand it, is founded. In proof of
the argument that the words Pacific
ocean 10 not include Behring's sea, Mr..
Blaine adduceS
A Long List Of Maps
tnat OF Pacific ocean is given to Behr-
ing sea, either Behring's sea- or Sea
of KamSchatla,' or the Sea ofeAnadir."
The argument will hardly lave any
force unless it is applicable with equal
truth TO all the other oceans of the
world. But no one will dispute that the
Bay Of BiScay forms part of the At
lantic ocean. or that the Gulf of Lyons
forms part of the Mediterranean sea:
and yet on most maps it VIII be found
that to those portions of the larger sea
a separate designation has been given.
The question whether by the words
Pacific ocean, the negOtiatOrs meant
to include or exclude Behring sea de-
pends upon which lOcutiOn was esteemed
to be the correct usage at the time. The
date is not distant one. and there is no
ground for suggesting that the usage
has changed since the Anglo-Russian
treaty OF 1925 was signed. The deter
minatiOn of this point Will be most sat
isfactorily ascertained by consulting the
ordinary books of reference. | append
to this dispatch a list of some thirty
works of this cfass,of various dates from
1895 dOWnWards, and printed in
various countries. which combine to
show that in common pariance. the
words Pacific ocean, do include Behr-
ing sea. The first clause, What are
now the rights of the United States as
TO the Fur Seal Fisheries
in waters Of the Behring sea outside of
the ordinary territorial limits?' is a
question which would be very properly
referred to the decision of an arbitrator.
But the subsequent clause. which as
sumes that such rights could have grown
out of the ownership OF the breeding
islands. and the habits of seals in resort
ing thereto, involves an assumption
as to the prescriptions Of international
law at the present time to which her
majeSty'S government are not prepared
to accede. The sixth question (relating
to the establishment of a closed period
in seal fishing), which deals with the
issues that will arise in case the con-
troVersy should be decided in favor Of
Great Britain would, perhaps. more fitly
form the substance of separate refer
ence. Her majesty's government have
no objection to refer the general ques-
ton of a close time to
arbitration. or to ascertain by