The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-03-11
AGAIN ON. BERING SEA.
Secretary Blaine Makes Public
Lord Salisbury's Letter.
A BASIS HAS BEEN REACHED.
Negotiations for . Favorable Settle
ment Now Under Way.
a BASIS HAS BEEN REACHED.
In the Communication to Sir Julian
raunccfote-six Questions Given An
swercd and Arbitration Referred To.

Britain appear to hare at last reached basis
upon which to settle their difficulties.
A communication from Lord salisbury TO Sir
Julian Pauncefo.e, British minister here, under
date OF February II, was made public by secre-
tary Blaine tonight. In il Lord Salisbury says
the dispatch OF Mr. Blaine. under date OF Deeem-
Der II last, has been carefully considered sit il
now clear" be adds, s'that the advisers OF the
president do not claim Bering ses a. mare
clausum. and. indeed. that they repudiate that
contention In express terms: nor do they rely rs
Justification for the seizure Of British ships In
an open sea. upon the contention that the inter
csts Of the zeal fisheries give to the United States
government 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 solicltude, they do
not conceive that Il confers upon any maritime
powers the right over an open ocean which that
power could not assert on other grounds. The
claim OF the United States to prevent the excr.
cise Of seal fishery By other nations In Bering
sea. rests now exclusively upon the interest
which BY purchase they possess in the ukasc
issued By Emperor Alexander l., in the year
ls2l, which prohibits foreign vessels
from approaching within lo0 Italian
miles OF the coast and the islands
then belonging to Russia, IN Beriug sea II 10
not, a. understand, contended that the Rus
sian government ct the time OF the issue OF the
such prohibition, or acquired by the act Of 10.
suing 1t, any Gains over the open sea beyond
the territorial limit OF three miles, which they
said that this proposition, worthless In itseli,
acquired validity and force against the British
government because that government can be
20 hsxs aceeped q
that the government Of Great Britain, ct any
time since 1921, has admitted the soundness OF
the proposition put forward by that ukase, but
that II can be shown that II has cntegoricaiy de-
MED itou more than one oceasdon."
To sustain this contention Lord Salisbury
quotes from . letter Of January, ls22. from Lord
ssdor n london ~ ond also from sIno note hv The
Duke of Wellington to Count Nesselrode, In Oc-
tober, 1872, refusing TO admit Russia's claim.
Continuing Lord salisbury says:
satisfactorily ascertained by consulting the
books of reference, of which he appends 3 list
OF some thirty OF various dates, from lbs down
eomans asd sson IN n .1sn
lance the words sPacifc ocean do
In ordinary language, Pacific ocean is used a.
straits to the Antarctic circle II follows, first,
that the articles Of the treaty OF ls.5 did secure
to Great Britain In the fullest matter the free
that case no inference, however indirecf or cir.
cuitous, can be drawn from any commission in
the language of that instrument. 70 sho " that
Great Britain aequiesced in usnrpation which
the ukase in 1881 attempted. Other documents
which have quoted suticiently ertablish that
she not only did mos acQuiesce Ia it, but repudi.
ated il more than once In plain and
did not herself possess, she was not able
to transmit to the United States. Her majestys
government, in view OF these considerations.
have no doubt whatever that British subjects
NJ inyf Ho {r1f IA tn vvh hiehh ho-
long to them in every other portion OF the open
ocean, but 1t is nevertheless q matter 4 sincere
satisfaction that the president is willing to refer
to arbitration what he conceived to be matters
which had been under discussion between the
two governments for the last four years. In re-
gard to the question as proposed BY Mr. Blaine,
should say as TO the first section, that no OBJ
jections will be offered by her majesty's govern
ment. They are as follows:
"First-Wh hat exclusive jurisdtction in the sea
known IS Bering sea, and what exclusive rights
and exercise, prior and up to the time of the
cession of Alaska to the United states.
second How far were these claims OF jurisdic-
ton a. to the seal fisheries recognized aud con-
The third question il expressed In following
terms:
'Wss the body Of water now known as Bering
used in the treaty OF 1s25 between Great Britain
and Russia, and what rights, ii any, in Bering
sea were given or conceded to Great Britain BY
'.Her majesty's government would have no
objected to referring to arbitration the first
part OF that question, ii it should be thought
desirable to DO 60. but they would give that
admit the decision ii II can include the larger
question the arbitration would have to deter
mine. To the latter part of No. it would be
never snreested that any rights were given fo
her or conceded to her by said treaty. All that
was done was to recoenize her natural right of
Tree 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.
"Fourth-Did not all rights of Russia AZ 20 juris-
diction and as to the seal fisheries in Berirg sea-
east of the water boundary in the treaty between
the United States and Russia of March 80, 1861
pass unim paired to the United States under that
treaty?
..This question Ia hardly worth referring to an
arbitrator. as Great Britain would be prepared
10 accept II without dispute. The fifth proposed
question is as follows:
''What are now the rights of the United States
IS to the fur seal fisheries in the waters OF Her
Ing sea. outside OF ordinary territorial limits
whether such rights grew out of cessiop by Rus
.ia Of any special rights, or jurisdetio held by
her in such fisheries. or in the waters OF Bering
sea. or out OF ownership OF breeding islands and
habits of the seals in resortirg thither and rear
ng their young thereon, and going out
from the island Tor food, or out
Of any other factor or incident connected
With the relation of those seal fisheries TO terri
orial possession OF the United states? The srst
clause. What are now the rights of the United
states? is a question which would be very
properly referred TO the decision of an arbitra-
or: but the subsequent clause, which assumes
such rights couid have grown out OF the
ownership of breeding islan1s and habits of
'eais in resort.ng thereto, involves an assurnp-
ion as 70 prescriptions OF international law at
he present time TO which ber naiesty,s govern
nenr are not prepared 10 aceede
..The sixth question, relating 10 the establish
nent OF closed period in seal fishing which
1eals with lssues that viii arise in case the CON
roversy should be decided in favor of Great
Britain, would perhaps more htly form the sub
stance of a separate reference. Her nsjesty's
government have no objection to refer the gen
sral question of close time 10 arbitration or TO
lseertsin by that means how far the enactment
u such provision 10 necessary for the preserya-
Ion OF the seal species But any such reference
ought not TO contain words appearing 10 attri-
butte special and abnormal rights in the matter
''Mr. Blaine does not deal with these protests.
but confines himself mainly 10 the considera-
ION OF the treaties sGbseq uentIy made between
5teat Britain ana Russia. and America and
Russia in ls25. and especially OF that between
Russia and Great Britain. This treaty does not
,ontsin a wosd TO signify the seauiescencs of
srsat Britain in the claim recently put lorfh by
Hussia, 10 control OF the waters OF the sea 100
niles from her coast l understand Mr. Biaines
lrgumeDt TO be that IL Great Rri.ain
Intended TO protest against toe claims of
Russia, TO exclude shi % for 100 miles from ber
,osss in Bering sea, she wouls. take ,his anr.o-.
unity OF doing so, but that in eornu.uc herself
o the supulations In favor of the full Iiberty of
,ayissfion AID fishing in any part of the ocean,
he, BY implication, renounced any claim that
'ouid arise out OF the same set OF circumktanees
2 regard TO any sea that VISA not . part OF the
,se.ae ocsa:- And then Mr.: Blaine goes
'id not and does not include Berinx
ca. Even If this latter confrrtion
we're correct / should earnestly demur to the
oncsusaon tnas oas inherent night to Tree pas-