New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-11
PRICE THREE CENTS.
WILLING TO ARBITRATE.
A FAVORABLE TURN TO THE BEHRNG SEA
NEGOTIATIONS.
LORD SALISBURYs COMMUNICATION 10 eIu
JULIAN PAUNCEFOTE MADE PUBLIC-RE-
PLYING TO Mr.. BLAINE'S ARGUMENT
ENGLANDS VIEWS OF THE
pOINTs IN DIsPuTE

JULIAN MADh
PLYING TO MR.. BLAINE's ARGUMENT
BNGLAND's VIEWS or THE
POINTS IN DISPUTE.
Washington, March 1O-Thc Behring Sea
negotiations have taken a most favorable turn
and the Governments of the United States and
Great Britain appear at length 10 have reached
basis upon which to settle their difficulties as is
shown by the following communication from Lord
Salisbury to Sir Julian Pauncefote. the British
Minister here. which was laid before Secretary
Blaine, and was made public by him tonight:
Foreign once, February q, 1891.
To Sir Julian Pauncefote:
Sir The dispatch OF Mr.. Blaine. under date Of the
18th December, has been carefully considered by Her
Maestys Government The effect o, the DISCUSSION which
has been carried between the two governments has
been materially the OF 10
quite that the advisers OF the President do
hiring Sea clausum. and indeed that
they rcpudiatc that contention in express terms Nor
do they rely Justification for the seizure OF British
ships in the open upon the contention that the
interests Of the seal fisheries give TO the United States
Government any right for that which, according
to international law 1t would not otherwise possess.
Whatever importance they attach the preservation OF
the furseal species-and they Justly look it
object deserving the serious soicitude-they do not
conceive that It cOnfers any maritime power rights
open which that power could not assert
other grounds.
The claim OF United prevent the exercise
the seal fishery by other nations In Behrng Sea res0
upon the interest which by purchase they
possess in ukase issued by the Emperor Alexander In
the year 1921 which prohibits foreign vessels from sp-
preaching within 100 Italian miles Of the coast and
Islands then belonging Russia In Behring Sea. II
not understand contendd that the Russian Govern
ment the time OF issue OF this ukase possessed
inherent right to enforce such prohibition or acqurcd
by the Issuing any claims the open sea be.
yond the territorial limit Of three miles which they would
not otherwise have possessed.
But It is said that this proposition, worthless In ITSELF
acquired validity and force against British Government
hecase that government can have accepted
its provisions The ukase mere usurpauon, but 10
is said IL converted into q valid international
against the British Government oy the ADMISSION
OF this government itself.
/ concerned 10 dispute the contention thae
an invalid claim may, as against another government,
acquire validity which in its inception It did not possess,
formally effectively accepted By that government
But the vital question decision whether other
eminent especially whether Government OF Great
Britain accepted the claim put forward in this
ukase. Our contention is, that only 1t not be
that the Government Of Great Britain, at ums
1921 has admitted the soundness OF the pretension
put forward by that ukase that
it has caegOically denied It than occasion.
To sustain this contention, Lord Salisbury
quotes from a letter january, 1929 from Lord
Londonderry to Count Lieven, the Russian Am
bassador London, reservation Of British rights
to the navigation Of the waters described in the
ukase and also from a note by the Duke of Well
ington to Count Nesselrode October, 1922 refus-
ing TO admit Russia's right to exclude foreign ves-
sells for 100 miles from the coast Continuing
Lord Salisbury says:
1t is evident therefore, that far as diplomatic rep
resentation went, the KinS5 Government OF that date
took every step their power take in order 70
make 1t clear the Russian Government that Great
did accept the claim 10 exclude her subjects
miles the which had been put forward
In the uhase OF 1921
Mr. Blaine does deal with these protests, which
appear Her Msiesty's Government 10 be In themselves
amply sufficient decide the question whether Great
Britain did did acquiesce in the Russian claim
put forward BY the uksse He confines himself mainly, In
the dispatch under consideration, TO the consideration Of
which subsequently, made between Greas
Britain and Russia and America and Russia In 1875" ana
especially Of that between Russia and Great Britain.
This Treaty. OF printed at the close Of
Mr. Banes dispatch, does not contain word to signify
acquicscence OF Britain In the claim recently
put forward by Russia to control the waters OF the sea
100 miles from her coast. There - no stipuisuoh
upon which this Interpretation be imposed by any
process whatsoever But there is pro.
Wis having IN judgment totally opposite tendency
which indeed ntendd negative the extrava.
CANT claim that had recently been made on ths
part OF Russia and 10 is upon this pro-
vision that the main part OF Mr.. Bsnes
argument. understand It. is founded The stipuls'
which refer contained in the hrst article agree.
the respective subjects Of the two nations shall
be moested In the navigation OF or fishing In any par
of the Pacific OCEAN,. L unde rstand Mr. Baines arsu
II Britain had intended to profess
against Russia exclude ships for 100 miles
from her coasts in Behrng seq she would have taken
this opportunity Of doing but that in eonhnng herset
spuations in favor Of full liberty Of navigation ana
fishing in any part Of the ocean commonly called the
Pacific Ocean she by implication, renouncod any clam
could OF the set of circumstances IN
any that not part OF the Pachc oeeah
lir Blaine 10 contend that the phrase
Pacific did and include Behrng Sea-
lite f,rfr, font L
earnestly demur tine conclusion that ON hheritent
rights passage and free h.unS over NaSt extent
Of ocean could eietuay rcnoucd by mere rctcencn
or ol>son The r.;ht Of which We could not %
an,iyd unes, we consented 10 abandon IT, and that
sent could not De inferred from our ne9otiaors
ha ing omitted mention the subject on one particular
o,, a,.oa. Bot am prepared 10 admit the justice
uf MIR Blanrs contention that tae "orus RACINE ONea"
did not include Helrng sea.
believe that in common pariance, then and now.
Behrng and 4, part OF the Pacihc ocean ahu
tha words usd In order to give te Iuilest
and widot -opc possible the claim which the British
ne ot aor, w,re socmny recording OF night freely 70
aclte and every part OF It, and throughout its
entire eNtnt. In proof OF the argument that the wous
Pacific Ocean" d. not include Behfing sea- Mr'
Raine adduccs a long li,t Of maps in when
n designation distn.t from that OF Pacific
ocean, i given 70 Behring Sea; either
'Behrng Sea-" sea Of Kamsehatka" or the sea OF
Apadir" The argument will hardly have any force un.
IT, is applicable equal all the other oceans
Of the world But will dispute that the Bay OF
Gcav forms part the Atlantic Ocean, or that the Gun
Of Lyons part Of the Mediterranean Sea; ana yes
In no,t mans IL will be- found those portions OF the
larger sea a separate designation ha, been given Inc
question whether by the words Pacific Ocean, the nsgo'
tiac,s meant include exclude Behing Sea depends
upon esteemed 10 be the correct usage
at the time The date is not a distant one and there IL
no ground suggesting that the has changed since
the AnyoRussan treaty 1925 signed The deter.
mination this point will be most satisfactorily aer'
taned by consulting the ordinary books Of reference
| append to this dispatch list OF some thirty works OF
this class of various dates from 1875 downward. ano
printed in various countries which combine to show thas
in parlsnee the words Pacific Ocean, DO neluoe
BehrinC
II then In ordinary language the Pacific Ocean Is usse
as phrase including Bchng Straits 70
the Antarc Circle follows that the first article of the
RrtaIn IN thc lullest