The Critic and record., 1891-05-08
ABOUT BERING SEA.
SECRETARY BLAINE WRITES AN
OTHER LETTER TO SALISBURY.

Forth by Mr.. Bl0ine-A Good Argu-
ment for Our Side.
The state Department makes public
another chapter of correspondence be-
tween this Government and Great Britain
in the Bering Sea controversy, The letter
is dated April If, and addressed to Sir
Julian Pauncefotc, the British Minister
at Washington. The letter contains
lengthy argument of some of the minor
points of issue. Some salient points of
the communication are given herewith
Mr.. Blaine says;
The notifications which Lord Salisbury
suggests in the questions for arbitration,
do not wholly meet the views of the
President but the President changes the
text of the third and fifth in such q
manner it is hoped, as will result in an
agreement between the two Governments.
While Lord Salisbury suggests a different
mode of procedure from that embodied
in the sixth question, the President does
not understand him actually to object to
the question, and he therefore assumes
that it is agreed to.
The SIX questions as now proposed by
the President are as follows:
First What exclusive jurisdiction in
the sea now known as the Bering Sea, and
what exclusive rights in the seal fisheries
therein, did Russia assert and exercise prior
and up to the time of the cession of
Alaska to the United States?
Second. How far were these claims of
jurisdiction as TO the seal fisheries recog-
nized and conceded by Great Britain?
Third. Was the body of water now
known as the Bering 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
Bering Sea were held and exclusively ex-
ercised by Russia after said treaty ?
Fourth. Did not all the rights of Russia
as to jurisdiction and as to the seal fish
cries in Bering Sea- east of the water
boundary described in the treaty between
the United States and Russia of March 30,
1867, pass unimpaired to the United States
under that treaty
Fifth. Has the United States any right;
and, if so, what right of protection or
property in the fur seals frequenting the
islands of the United States in Bering Sea,
when such seals are found outside the or
dinary three-mile limit
Sixth. If the determination of the fore
going questions shall leayc the subject in
such position that the concurrence of
Great Britain is necessary in prescribing
regulations for the killing of fur seal in
then it shall be further determined; Q).
How far, if at all, outside the ordinary
terminal limits it is necessary that the
United States should exercise an exclusive
jurisdiction in order to protect the seal
for the time living upon the islands OF the
United States and feeding therefrom
(2). Whether a closed season, during
which the killing of seals in the waters of
Hering Sea outside the ordinary territorial
limits shall be prohibited, is necessary to
save the seal-fshing industry so valuable
and important to mankind, from deteri-
oration or destruction? And, if so (3),
what months or parts of months should
be included in such season and over what
waters it should extend?
The President does not object to the
additional question respecting the alleged
damages to English ships proposed by
Lord Salisbury, if the one condition can
be added, namely That after the issues of
the arbitration are joined, if the United
States shall prevail, all the seals taken by
Canadian vessels during the period shall
be paid for at the ordinary price for which
skins are sold This seems to the Presi-
dent to be the complement of Lord
Salisbury's proposition, and he doubts
not that it will secure his lordship's as
| sent.
Two or three instances of the power
| which Great Britain exercises beyond the
three-mile line have already been quoted,
! but have failed, thus far, to secure com
| ment or explanation from Lord Salisbury,
| Another case can be added, which, per-
| haps, is still more to the point. In 1889
only two years ago-the British Parlia-
ment enacted law, the effect of which is
| fully shown by map inclosed herewith.
| LNoTE.--The map referred to represents
| triangular sheet of water, with the apex
! formed by three small tirths or bays. The
great body of water is nameless on the
map. Across the base of the triangle is
the line of exclusion, measuring 50 miles,
and the two sides are So miles and
| G2 miles long, making the total inclosed
area ~ 900 square miles.
Far outside the three-mile line the Par.
| lament of Great Britain has attempted to
control body of water situated beyond
| the northeastern section of Scotland
300 square miles IN extent, and to direct
that certain methods of fishing shall moi
be used within that great body of watel
under a prescribed penalty. 1t will bC
observed that the inhibition is not alon,
against British subjects but against 'anN
person"
II Great Britain may thus control ar
area of 200 square miles OF ocean Oh
the coast of Scotland, why may not tn,
United States prescribea space around tn
Pribylof Islands, in which similar pro
hibitions may be enforced?
II must not escape observation that tn
area of water outside the three-mile lin
on the coast of Scotland, whose control /
assumed by Great Britain, is as large q
would be found inside line drawn iron
Cape Cod to Portland harbor, on the NeV
England coast.
Lord Salisbury reasserts his contentio
that the words Pacific Ocean at tn
time of the treaty between Russia an
Great Britain did include Bering Sea
Undoubtedly the Pacific Ocean include
Bering Sea in the same sense that the Al
lantic Ocean includes the Gulf of Mexico
and yet it would be regarded as a very il
accurate statement to say that the Afissi
sippi River flows into the Atlantic Ocear
/ think Lord Salisbury fails TO reeogniz
the common distinction between the "At
lantic Ocean and the waters of the A
: lantic." While the Mexican Gulf is NJ
= part of the Atlantic Ocean, it would
am sure, comport with general usuage [
} say that it belonged TO the waters of til
I Atlantic, and, while Bering Sea is n,
e technically part of the Pacific Ocean,
9 undoubtedly belongs to the waters of th
e Pacific.
/. The English Channel would not ord
/ narily be understood as included in II
, term "Atlantic Ocean, One would NJ
say that Dover or Calais is on the coast
the Atlantic Ocean, and yet, clearly, I'll
English Channel belongs to the waters
9 the Atlantic. In point of fact, therefor
: according to the usage of the world, the
is no dispute Of any consequence betwet
: the two governments on the geographic
s point under consideration. hehistoric
point is the one at issue. The eXplanatol
e note from Russia, filed in the State ID
, partment of this country specially r
r ferred to in Mr.. John Quincy Adam
!. diary and quoted in my note Of Decemb
4 IL 1890 plainly draws a distinction b
a | fUean thn Pacific OCeai on the one hat