Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1891-01-07
THE BEHRING SEA DIFFICULTY.

the Behring Sea difficulty appears to us to
be supportive of the position assumed by
the United States.
The issue is capable of being very
simply and concisely stated. We claim
exclusive right over the fur-seal fisheries
in Behring Sea, because we purchased from
Russia the right which she cad uninter-
ruptedly exercised for eighty years.
We claim the right, further, because the
habit of the seal is to breed upon one of
our shores and migrate through deep seas to
another shore of the United States to raise
the young, and it is therefore necessary
that we should protect them en- route from
taking that will work their extermina-
tion if persisted in.
We do not say that Behring Sea is a
closed sea, but do say that for all purposes
of fur-sealing it is or marine territory.
Nevertheless, we do not claim any right to
check or interrupt the commerce of the
world in sailing through or in any way
navigating the sea.
Great Britain, upon her part, says to us
that her fishers take seals in the deep sea
outside the three marine league shore
limit, and that as it is an open sea and
world fishery, she must protect her fishers
in their action. She therefore denies the
right of the United States to prohibit the
taking of seals in the deep sea, or to es-
tablish and enforce regulations for the
fisheries.
However, says Great Britain, we are
willing to arbitrate whether or not Great
Britain conceded Jurisdiction in the sea in
any degree to Russia, and if so, whether it
passed to the United States. Did the
treaties of 1924 and 1925, in which the
"Pacific Ocean, wasnamed, include Behring
Sea as of the ocean? Has any country the
rignt to extend its marine jurisdiction be-
yond the shore limit of three marine
leagues?
To these offers the United States re-
plies: We cannot consent to any arbitra-
ton of such question. l. Any concession
Great Britain may have made to Russia
can cut no figure in our case. For it
would settle nothing more than If Russia
had conceded to England jurisdiction over
the Thames. 2. 1t makes no difference
what may be construed to be included by
the words Pacific Ocean" in the treaties
of lS24-25, because at the time Russia
asserted and maintained her jurisdiction
over the sea. 3. As to whether a nation
may extend her marine jurisdiction as a
rule is not an issue, but it is settled inter-
national law that she cannot do so as a
rule. But there are exceptions, and
Great Britain is an example of their es-
Enlistment at St. Helena in the time of
Napoleon's captivity, and in stretching
her power over 800 miles of mid ocean, in
exclusive jurisdiction over the pearl fish.
cries.
But, says the Government of the United
States, we are willing to arbitrate these
questions: l. What exclusive Jurisdiction
did Russia exercise over Behring Sea ?
2. How far did Great Britain recognize
it? 8. Was Behring Sea included in the
treaty of 1925 between Great Britain and
Russia, and what rights, if any. did the
latter concede to the former in the sea by
said treaty? 4. Did not Russia's rights
in the sea pass to the United States by the
purchase of Alaska? 5. What are now
the rights of the United States as to the
fur-seal fisheries in Behring Sea outside
of ordinary territorial limits? Out OF
what do such rights, if any, spring?
Then, says the United States Govern
ment, if the arbitrator determine that,
in establishment of fishery regulation, the
concurrence of Great Britain is necessary,
we are willing to arbitrate further, on this
basis: l. How far is it necessary, to pre-.
serve the fisheries, that our jurisdiction
should extend? 2. Is a closed season
necessary, in which killing of seals out.
side of shore jurisdiction should be pro-
hibited?
This presents the whole question as con
cisely as it is possible to be done. We
submit that the Government of the United
States has been neither unkind nor severe
in its demands; its seizures two years age
were not rude or unnecessary; its forbear
ance last fishing season was unprecedented
and humiliating. We submit that the
demands of England and its refusal to arbi
trate upon the basis laid down by Mr.
Blaine in the name of the President, dis
closes the British council az fearful o.
Dominion wrath and cowed before the
arrogant claims of colonial poachers L
upon such issues a gun is fired and wal
precipit,ted, it viii be woeful day and
irreparable injury will be inflicted upon
both nations. England will lose Canada
at least temporarily; our ports will b
blockaded, nearly all internal industry
paralyzed by cessation of exports, and a
decade of peace will not restore US to oul
present position of prosperity.
The people of the United States do not
want war with Great Britain; the cause is
not sufficient to do credit to either nation
in shedding English and American blood
But the American people have keer
sense of justice; they realize that if Eng.
land will not yield and peace can be main
tanned only by the United States conced
ing Britain's claims, that there will in all
the future be no other position for the
United States Government to assume but
that of submission to arrogant demands O
our cousins upon the north, and in such ar
attitude they are not disposed to placs
their country. They abhor war; they be
lieve it can and should be avoided bu
they also believe that the position taker
by the Government in the Behring Sc:
matter is sound, and cannot be abandoned
without dishonor and national humilia
ton.
MIsREPREsENTING THE BALLOT sYs
TEN