The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-11

duty to take exception. Great Britain has
never suggested any rights were given to
her or conceded to her by said treaty. ALI
that was done was to recognize her natural
right OF free navigation and fishing in that,
as in all other parts of the Pacific 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 to
jurisdiction and'a to seal fisheries in Behr-
ing sea east of the water boundary, in the
treaty between the United States and Rus
STA of the 30 of March, 1867, pass unimpaire ed
to the United States under that treaty."
"This question is hardly worth referring
to arbitrators, as Great Britain would be
prepared to accept it without dispute
The fifth proposed question is as
follows: what are now the rights
of the United States as to the
| fur seal fisheries in the waters of
Behring sea outside of the ordinary terri
torial limitsa Whether such rights grew
out OF cession by Russia of any special
rights or jurisdiction held by her in such
fisheries or in the waters of Behring sea,
or out of the ownership of the breeding
islands and the habits of the seals in re-
sorting thither and rearing their young
thereon, and going out from the islands for
food, or out of any other fact or
incident connected with the relation
of those seal fisheries to the terri
torial possessions of the United States
''rhe first clause. what are now the
rights of the United States, etc. is a ques-
tion which would be very properly referred
to the decision of arbitrators, but subse-
Quently, the clause which assumes such
rights could have grown out of ownership
of the breeding islands and habits of the
seals in resorting thereto, involves an as
sumption as to the prescription of interna-
tional law at the present time to which hel
maiesty's government Is not prepared tt
accede to-
1.-THE sixth question, (relating to the es
tablishment of a closed period in sea
fishing), which deals with an issue thai
will arise, in case the controversy should
be decided in favor of Great Britain, anC
would, perhaps, more fifty form the sub
stance of a separate reference. Hel
majesty's government has no objection tt
refer the general question Of a close tint
to arbitration, or to ascertain by tina
means how far the enactment of such
provision is necessary for the preservation
OF the seal species, but any such reference
ought not to contain words appearing to at
tribute special and abnormal rights in thu
matter of the United States.
"There is an commission in these ques
tions which 1 have no doubt the govern
ment of the President will be very glad tc
repair, and that is the reference to an ar
bitrator of the question what damages ar,
due to persons who have beens injured, il
case it shall be determined by him that thu
action of the United States in Selling Brit
ish vessels has been without warrant il
international law.
Subject to these reservations, her ma
iesty's government will have great salts
faction in joining with the governments o
the United States In seeking by arbitration
an adjustment of the international cues
, tions which have so leng formea matter o
controversy between the TWO govern
mentsb