Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-03-11
Lord Saiisbury's Reply to Sec
retary Blaine's Note.
HE Is READY TO ARBITRATE.
Is Behring Sea in the Pacill,
Ocean?

ness 70 Pay Damages 20 the British
seaIers Already Captured in Case Nm
Is Beaten in the Contest.
WASHINGTON, March 1.-THE Behring
sea negotiations have taken most favor
able turn, and the governments Of the
United States and Great Britain appear 70
have at length reached basis upon which
90 settle their difficulties, as is evidenced
by the following communication from
Lord Salisbury TO Sir Julian pauncefote.
the British minister here, which was laid
before Secretary Blaine and was made pub.
lie by him last night,
Lord salisbury's Letter.
"FoREIeE oFFIcE, Feb. 2i, 1891.
ITO Sir Julian Pauncefote
"SIR-The dispatch Of Mr.. Blaine. under
date OF Dec. II, has been carefully consid.
cred by her maiesty's government The
effect of the discussion which has been
carried on between the two governments
has been materially to narrow the area Of
controversy. II is now quite clear that
the advisers OF the president do not claim
Behring sea as mare clausum, and, in.
deed, that they repudiate that contention
IN express terms. Nor do they rely, as a
justification for the seizure Of British
ships in the open sea, upon the contention
that the interests of the seal fisheries give
to the United States government any right
for that purpose which, according 10 inter
national law, it would not otherwise pos
sess
No Special Power Conferred.
Whatever Importance they attach to
the preservation of the fur seal species
and they justly look on 1t as an object de
serving the most serious solicitude-they
do not conceive that It confers upon any
maritime power rights over the open ocean
which that power could not assert on other
| grounds
The Basis Of sEr. BIaine's Claim.
''The claim Of the United States to pre-
/ vent the exercise Of the seal fishery by
other nations ia Behring sea rests now ex-
clnsiyely upon the interest which by pur-
chase they possess in ukase issued by the
Emperor Alexander | in the year 1921.
which prohibits foreign vessels from az.
preaching within 100 Italian miles or the
coast and Islands then belonging 10 Russia
/ in Behnng sea.
1t IS not contended that the Russian
| government possessed any inheritent right
| 10y the act of issuing il any claims over the
open sea beyond the territorial limit Of
three miles But it is snid that this promo
sition, worthless in itself, acquired validity
and force against the British government
because that government can be shown TO
have accepted its PROVISIONS
He does not deny that such right might
become valid If accepted by Great Britain
but he does deny that not since 1891 has the
British government admitted the sound
ness OF Russia's claim. On the other hand
he says that it can be shown that England
has categorically denied It on more than
one occasion.
is Bearing Sea in the Pacific?
In regard to Mr. Blaine's assertion that
Great Britain acquiesced In Russia's claim
Go exclude all others from within 100 miles
OF Russia's coasts in Behring sea, when
/ Great Britain signed the treaties made be-
| tween Russia and Great Britain In 1896
Lord Salisbury claims that the phrase
Pacific ocean" includes Behring sea. Mr..
| Blaine's contention that the Pacific ocean
did not and does not include Behring sea
was made under paragraph OF the treaty
agreeing that the respective subjects OF
the two nations shall not be molested in
the navigation Of or fishing in any part of
the Pacific ocean. Lord Salisbury adds:
II believe that in common parlance, then
and now Behring 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 re-
cording Of right freely to navigate and
fish in every part Of il, and throughout its
entire extent"
Ready to Talk It Over.
After long argument in similar vein
Lord Salisbury says in conclusion. "Her
maJesty's government have, in view of
these considerations, no doubt whatever
that British subjects enjoy the same rights
in Behring sea which belong to them in
every other portion Of the open ocean. but
Il IS nevertheless a matter OF sincere salts
faction that the president is willing TO re-
fer TO arbitration what he conceives to be
the matters which have been under discus-
sion between the two governments for the
last four years, In regard to the questions
as they are proposed by Mr.. Blaine Ishould
say that as TO the first and second no oh
jections will be offered by her majesty's
government. They are as follows:
What He WIN Arbitrate.
what exclusive jurisdiction in the sea
hhohh az tue DehrlnB sea ana what eX- |
elusive 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?
g. How were these claims Of iurisdic- |
tion as to the seal fisheries recognized and |
conceded by Great Britainw
"The third question is expressed in the
following terms: Was the body of water
now known as the Behring sea included in |
the phrase Pacific ocean, as used in the |
treaty Of 1895 between Great Britain and |
Russia, and what rights, if any, in the |
Behring sea were given or conceded to |
Great Britain by the said treatyg'
"Her majesty's 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 reservation that |
they do not admit that the decision Of II |
can conclude the larger questions the ar |
bitrator would have to determine.
TO the latter part of No it would be |
their duty to take exception-'Whatr rights. |
If any, in the Behring sea were given or |
conceded to Great Britain by the said |
treaty. Great Britain has never suggested |