The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-03-11
NO WAR OVER THE SEALS
THE NEGOTIATIONS TAKE A MOST
FAVORABLE TURN.

ton on the Subject From Lord Sails
bury to Sir Julian Pauncefote.
WASHINGTON, March 1O.-The Bering sea
negotiations have taken a most favorable
turn. and the governments of the United
States and Great Britain appear to have at
length reached basis upon which to settle
their difficulties, as is evidenced by a COM
munication from Lord Salisbury to Sir
Julian Pauncefote, the British minister here,
which was laid before Secretary Blaine, and
was made public by him tonight, from
which some extracts are here given.
THE CONTROVERSY NARROWED.
The letter is dated Feb. 21, and in its
opening paragraphs says:
The dispatch OF Secretary Blaine. under date
OF Dec. II, has been carefully considered by
her majesty's government The effect of the
discussion which has been carried on between
The two governments has been materially to
narrow tho area ot the controversy. It is now
quite clear that the advisers OF the President do
NOT claim Bering sea as q mere clausum and
indeed that they repudiate that contention in
express terms. Nor do they rely as justifca-
ton for ths seizure Of British ships in open sea
upon the contention that the interests of the
seal fisheries gives to the United States govern
ment any right for that purpose, which, accord
ing to international law. it would not otherwise
possess
CLAIM OF THE UNITED STATES.
Whatever importance they attach to the
preservation Of the fur-seal species--and they
Justly look on it as an object deserving the
most serious solcitude, they do not conceive
that it confers upon any maritime power rights
over the open ocean which that power could
not sert on other grounds. The claim of
the United States to prevent the exercise
of seal fishery by other nations in Bering sea,
rests nov exclusively upon the interest which by
purchase they possess in the ukese issued by
the Emperor Alexander L in the year 1921,
which prohibits Foreign vessels from approach
ing within 100 Italian miles OF the coast and
Stands then belonging to Russia in Bering sea.
RUssIA's RIGHTS.
II is not as understand contended that'the
Russian government, at tbe time Of the Issue of
this ukase, possessed any inherent rights to
enforce such prohibition or acquired by the act
Of issuing it any claims over the open sea be-
yond the territorial limit Of three miles which
they would not otherwise have possessed, but IL
is said that this prohibition worthless in itself,
acquired validity and force against the British
government, because that government can be-
shown to have accepted its provisions.
ENGLAND's ALLEGED ACCEPTANCE.
The ukase was q mere usurpatioh but it is
raid that it was converted into valid interna-
t'onal law, as against the British government
by the admission of this government itself l
am not concerned to dispute the contention
government acquire validity which, in its
inception, it did not possess, if 10 is
formally or effectively accepted by the govern
ment. But the vital question for decision is
whether any other government and especially
whether the government of Great Britain has
ever accepted the claim put forward In this
ukase Our contention is that not only can it
not % SHOWN that the government of Great
BRIAN at any time since 1891 has admitted the
sounGheSs of the pretension put forward By
thsV uka5e but that it can be shown that 1t has
categoricaly denied it on more than one occa-
sion.
ENGLANDS NOTICE TO RUSSIA.
Lord Salisbury quotes the notice given by
the British government to Russia in 1892
that 1t did not admit Russias right to ex-
c!ude foreign vessels for 100 miles from the
coast, and disputes the validity of Secretary
Blane's argument that Great Britain had.
by imputation, renounced any claim to
rights in Bering sea by failure to assert or
exercise suoh right. He also expressed ina
oiIlty to admit Secretary Blaine's couteu-
ton that Bering sea is not part of the Pacific
ocean, aud then goes on to say:
, Her majeStys government have, in view Of
These considerations, no doubt whatever that
BRITISH suo1ects enjoy the same rights in
beflug sea which belong to them in every other
portion OF the open sea, but it is nevertheless
mater or sincere satisfaction that the Presi-
ueht Is willing II refer to arbitration what he
comedies to be the matters to have been under
discussion between the two governments for
the last four years
NEGOTIATIONS PROPOSED.
III regard TO the questions as they are pro-
posed by Secretary Blaiue should say that as To
the first and second no objection viii be offered
oy her ms1esty government They are as fol.
lows: l. What exclusive jurisdiction In the sea
An4"h as the Berng sea and what exclusive
rights IN these seal fisheries therein did Russia
assert ana exercise prior aud up to the time OF
the ceSsion OF Alaska to the Unted States?
:. aow Tar were these claims of jurisdiction
Oy dreat Britan?"
:, The third question is expressed in the follow
hS terms: Was the body of water now known
as Bering sea included in the phrase Pacific
ocean as used in the treaty OF 1895 between
Oreat brltaln and Russias and what rights, il
any IN bering sea were given or conceded to
ufsa' Britain oy the said treaty."
LINE DRAWN.
Her maiesty's government would have no
VoJectlon TO referring to arbitration the first
part Of that question if it skould be Thought
uSslraoie to do so; but they would give that
SGuseht win a reservation that they do not
Hia.nIG iarda that decision of it can conclude the
statger question the arbitrator would have to
;H01e. !; mime. 10 the latter part of number three
- - Touia oe their duty to take exception: What
49, 'AnIs VI any IN Berfng sea we're given or con-
eeGeI 10 Great Britain by said treaty."
Treat Britain has never suggested that auy
tteles tS were given to her or conceded to her by
o1, cae saiq treaty All that was done was to rec
UIshlze her natural right of free navigation in
I Inat as In all other parts of the Pacific ocean
BBusSlA dld not give those rights to Great
away. @'0
PASSED TO THIS COUNTRY.
A. pa not all the rights Of Russia as to iuris
@aCton @ ana as to the seal flshe rieS in Derng sea-
tt tast OF the water boundary, in the treaty be-
on een IN the United States and Russia of March
IN nm n5or i@. pass unimpaired to the United States
un1er that treaty?h
:. me fourth question is hardly worth referring
" ~ an arbitrator. Great Britain would be
N5Spared to accept it without dispute.
.,.e a.e NTH question runs as follows:
@. o. What are now the rights of the United
SsSqSes as to the fur seal fisheries in the waters
Il, Derlng sea outside of the ordinary territorial
tba tbals' whether such rights grew out of
Su sue cession by Russia of any special
isuS or jurisdiction held by her in
Se sun fisheries or in the waters of Bering
90 90, OF out of the ownership OF the breeding
90 sS'ilus and habits OF the seas in going thither
-! - rearing their young thereon and going out
from from the ilands for food. or out of any other
tacI or incident connected with the relation of
" oVse seal fisheries to the territorial possessions
vi She United States?'
a., ne H nrst clause, What are now the rights of
tb Ohited States as to the fur seal fisheries in
So ~ waters OF Bering sea outside of the ordinary
r. iItOTlal nmItsy' is q question which would
10y properly referred to the decision of an
as ator. But the subsequent clause whicn
20 ~ tlles that such rights could have grown out
- :. tne ownership of the breeding islands and
s OF the seals in resortng thereto. involves
al, n assumption as to prescriptions of inter
nae!!onal law at the present time, to which her
sncaaJesSty government are not prepared to
THE SIXTH QUESTION.
rna ne sixth question (relating to the establish