Daily tobacco leaf-chronicle. (Clarksville, Tenn.) 1890-1895, 1891-03-12


not include Behring sea. Even if this
latter contention were correct | should
| earnestly demur to the conclu-
sion that our inheritent rights to free pas
sage and free fishing over IA vast extent Of
ocean could be effectively renowned by
mere retience or omission. The right is
one of which we could not be deprived un-
less we consented to abandon it, and that
consent could not be sufficiently inferred
from our negotiators having omitted TO
mention the subject on one particular oc-
cason. But | am not prepared to admit
/ the justice of Mr.. Blaine's contention that
/ the words "Pacifc ocean" did not include
/ Behring sea, | believe that in common
/ parlance, then and now, Behrng sea was
and is part of the Pacific ocean; and that
the latter words were used in order TO give
/ the fullest and widest scope possible to the
/ claim which the British negotiators were
solemnly recording of a right freely to
| navigate and fish in every part of it, and
/ throughout its entire extent. In proof of
/ the argument that the words "Pacfic
ocean do not include Behring sea, Mr..
/ Blaine adduces long list of maps in
! which a designation distinct from that of
"Pacifc occ an is given to Behring sea-
either "Behring sea" or "Sea of X ans
chatka" or the Sea of Anadir" The argu-
ment will hardly have 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 Atlantic ocean, or that the
Gulf of Lyons forms part of the Mediter-
lanean sea; and yet, in most maps it will
be found that to those portions of the
! larger sea a separate designation will be
given. The question whether by the words
'PaCific ocean, the negotiators meant to
include or exclude Behring sea, depends
upon which lOCution was esteemed to be
the correct usage at the time. The date is
not a distant one, and there is no ground
for suggesting that the usage has changed
since the Anglo Russian treaty of 1925 was
signed. The determination of this point
will be most satisfactorily ascertained by
consulting the ordinary books of refer
ence. ! append to this dispatch list of
some thirty books of this class, of various
dates from 1895 downward, and printed
in various countries, which combine to
show that in common parlance the words
"Pacihc ocean" do include Behring sea
If, then, in ordinary language the Pa
cifc Cceau is used as a phrase including
the whole sea from Behrng straits to the
article Of the treaty of 1925 did secure to
Great Britain in the fullest manner the
freedom of navigation and fishing in Beh-
ring sea. In that case no inference, how
ever indirect or crcuituous, can be
drawn from any omission in the language
of that instrument to show that Great
Britain acquiesced in the usurpaton
which the ukase of 1891 had attempted
The other documents which have quoted
sufficiently establish that she not only did
not acquiesce in it, but repudiatad it more
than once in plain and unequivocal terms,
and as the claim made by the ukase has
no strength or validity, except what it
might derive from the assent of any
power whom it might effect it results
that Russia has never acquired by the
ukase any right to Curtail the natural
liberty of her maiesty's subjects to
navigate or fish in these seas anywhere
outside of territorial waters And what
Russia did not herself possess she was
not able to transmit to the United States
Her majesty's government have, in view
Of these considerations no doubt what |
ever that British subjects enjoy the same !
right in Behrng sea which belong to them
in every other portion of the open ocean;
but it is, nevertheless, matter of sincere
satisfaction that the president is willil g
to refer to arbitration what he conceives |
TO be the matters which have been under
discussion between the two governments |
for the last four years In regard to the |
questions as they are proposed by Mr. |
Blaine, | should say that as to the first |
and second no objection will be offered by |
her majesty's government. They are as
follows:
First-What exclusive jurisdiction in |
the sea known as the Behriug sea, aud |
what exclusive rights in the seal fishery |
therein did Russia assert and exercise |
prior and up to the time of the cession of |
Alaska to the United States2
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 roy |
known rs the Behring sea included in the |
phrase "Pacific ocear, as used in the !
treaty Of 1925 between Great Britain and |
Russia, ard what rights if any in the |
Bebrng sen were givCn or conceded to
Great Britain by the said treaty?
Her m .estys government would have
no objection to referring to arbitration
the first part of that question if it should |
be thought desirable to do so; but they
would give that consent with the reserva.
ton that they do not admit that the de
cision of it can conclude the longer ques-
ton the arbitrator would have to deter
mine. TO the latter part Of Ne. 3 it will
lie their duty, to take exception, What
rights if any in the Behring sea were given
or c,nccded to Great Britain by the said
treaty.
Great Britain has neve~ suggested that
to her by the said treaty. All 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. Rus
sia did not give those rights to Great
Britain, because they were never hers to
give away.
Fourth-Did not al the rights OF Rus
sia rs to jurisdiction and As TO the sea
fisheries in Behring sea, east Of Il e water
boundary, in the treaty between the
United States and Russia, of the 90th of
March. 1885,, pass unimpaired TO the
United States under that treaty.
The fourth question is hardly worth re
ferring to an arbitrator, as Great Britain
would he prepared to accept without dis
putc.
Firth-What are now the rights of the
United States rs to their fur seal fisheries
In the waters of the Bebring sea outside
OF the ordinary territorial limits, whether
such rights grew out of the cession b.
Russia Of any special rights or iurisdic-
tion held by her in such fisheries or in
the waters of Behring sea, or
out Of the ownership of the breed
ing islands and the habits of the
seals in resorting thitherand rearing their
Young thereon, and going ont from the
IN. fnr fnnl or ont of nnN nther fnct