The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-11
A FAVORABLE TURN
The Behring Sea Negotiations
Have Taken.
LORD sALISBUsY TO PAUNCEFOTE
The Issue Narrowed Down to the Rights Con
coded the United States by Russia
Arbitration to be Employed.

sea negotiations nave taken favorable
turn, and the governments of the United
States and Great Britain appear to have at
last reached a basis upon which to settle
their difficulties. A communication from
Lord Salisbury to Sir Julian Pauncefote,
British minister here, under date of Feb
ruary II, was made public by Secretary
Blaine might. In it Lord Salisbury says
the dispatch of Mr.. Blaine, under date of
December II last, has been carefully con-
sidered. 1t is now clear, he adds, that the
advisers CT the President do not claim
Behring sea as mare clausum, and,
indeed, that they repudiate that
contention in express terms. Nor
do they rely as a justification for the seiz-
ure of British ships in the open sea, upon
the contention that the interests of the seal
fisheries give TO the United States govern
ment any right for that purpose which,
according to international law, it would not
otherwise possess. 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 solicit
tude, they do not conceive that it confers
upon any maritime power right over the
open ocean which that power could not
assert on other grounds. The claim of the
United States to prevent the exercise of
seal fishing by other nations in Behring
spa, rests now exclusively upon the inter
est which by purchase they possess under
the ukase issued by Emperor Alexander in
the year 1921, which prohibits foreign YES
sells from approaching within one hundred
Italian miles of the coast and islands then
belonging to Russia in Behring sea. cit is
not, as l understand, commended that the
Russian government at the time of the
issue of this ukase, possessed any
inherent right to enforce such pro-
hibition or acquired by the act of
issuing it, any claims over the open sea
beyond the territorial limit of three miles,
which they would not otherwise have pos
sessed. But it is said this proposition,
worthless in itself, acquired validity and
force against the British government be-
cause that government can be shown to
have accepted its provisions. Our conten-
ton is that not only can 1t not be shown
the government of Great Britain, at any
time since 1921, has admitted the soundness
ukase, but that it can be shown it has cate.
gorically denied it ON more than QUE occa
sion.''
Lord Salisbury says the determination Of
this question may be most satisfactorily
ascertained by consulting books of refer
ence, of which he appends list of some
thirty of various dates, from 1895 down
wards, and printed in various countries
which combine to show that in common
parlance the words Pacific ocean, do not
| include Behring sea. "If, then, in ordinary
language Pacific ocean is used as phrase
including the whole sea from Behring':
straits to the antarctic circle, it follows
| first, that the article of the treaty of 1872;
! did secure to Great Britain in the fulles
manner freedom of navigation and fishing il
Behring sea. In that case no inference
! however Indirect or circuitous can bt
drawn from any omission in the
language of that instrument to show Grea
Britain acquiesced in the usurpation which
the ukase of 1921 attempts Other docu
ments | have quoted sufficiently establis,
that she not only did not acquiesce in it
but repudiated it more than once in plaiI
and unequivocal terms, and what RICH
Russia did not herself possess, she wa
not able to transmit to the United States
To sustain this contention. Lord Sails
bury quotes from letter of January, 1882
from Lord Londonderry to Count Lieven
the Russian ambassador in London, ant
also from note by the Duke of Wellington
to Count Nesselrode, October, 20, refus
ing to admit RuSsia'S claim Continuing
Lord Salisbury says:
''Mr. Blaine does not deal with thes
protests, but confines himself mainly t
the consideration of treaties subsequent,
made between Great Britain and Russia
and America and Russia in 1925, and es
pecially that between Russia and Grea
Britain. The treaty does not contain
word to signify the acquiescence of Grea
Britain in the claim recently put forwar
by Russia to control the waters of the Sc
for one hundred miles from the coast.
81 understand Mr.. Blaines argument t
be that if Great Britain intended to protes
against the claim Of Russia to exclude ship
for one hundred miles from her coast i
Behring sea, she would tax
this opportunity Of doing so; bu
that in confning herself TO stipulations il
favor of full liberty of navigation andifish
ing in any part OF the ocean, cominonl
called the Pacific ocean, she by implicatio
renowned any claim that could arise OF
OF the same set of circumstances in regar
TO any sea that was not part of the Pacif
ocean. And then Mr.. Blaine goes on t
contend that the phrase, Pacific ocean, di
, not, and does not, include Behring sea
Even if this latter contention were correc
should earnestly demur to the conclusio
, that our inherent right to q free passae
; and free fishing over vast extent Of ocea
could be renowned by mere reticence
omission. But L am not prepared I
admit the justice of Mr.. Blaine's confer
tion, that the words Pacific ocean did NJ
include Behring sea. Mr.. Blaine adduce
long list OF maps in which a designatio
+ distinct from that of Pacific ocean, is give
, to Behring sea, either 'Behring sea, or Isl
of kamschatka' or sea of Anadia.' TT
: argument will hardly have any force III
less 1t is applicable wish equal truth to a
other oceans of the world"
: Her maiesty's government has, In vie
l of these considerations, no doubt whateve
: that British subjects enjoy the same rlgh
H Behring sea which belong to them
every othor portion Of the open ocean. 81
1t is nevertheless matter of sincere sati
: faction that the President is willing
refer to arbitration what he conceived
> be matters which have been under discu
sion between the two governments for Il
= last four years.
t ''In regard to the questions as propos
by Mr.. Blaine, should say as to the fir
j, and second, no objections will be offered
y her majesty's government. They are
! follows:
e. What exclusive jurisdiction in &
! sea known as Behring sea, and what excl
= sive rights in the seal fisheries therein, d
2 Russia assert and exercise prior and up
the time of the cession of Alaska to t
: United States9
: '.2-How far were these claims of iur
= diction as to the seal fisheries recogniz
and conceded by Great Britain!'
1.-The third question is expressed in fl
lowing terms: Was the body of wat
:. now known as Behring sea included in t
; phrase Pacific ocean as used in the trea
= of 1925, between Great Britain and Russi
. And what rights, if any, in Behring s
;. were given or conceded to Great Brita
- by said treatye
:. "Her majesty's government would ha
" no objection to referring to arbitration
first part of that question if it should
thought desirable to do so; but they wor
give that consent with the reservation til
). they do not admit that the decision of it C
d conclude the larger question arbitrate
: would have to determine. To the latt
part of number three. it would be tn,