Los Angeles herald., 1891-01-06


States, of the right to fish and trade.
On this note Secretary Blaine says :
'The explanatory note Of the Russian
government disproves and denies in de-
tail the three assertions OF Lord Sails
bury. think they are completely dis
proved by the fact recited in this dis
patch, but the explanatory note is a
specific contradiction of each one of
them"
Further the secretary says: "The
United States having the most extended
sea coast of all nations of the world,
may be presumed to have paid serious
attention to the laws and usages which
define and limit maritime jurisdiction.
While Lord Salisbury's admonitions are
received in good part by this govern
ment, we feel justified in asking his
lord ship if the government of Great
Britain has uniformly illustrated these
precepts byexample or whether she has
not established at least one notable pre-
cedent which would justify the United
States in making greater demands upon
her majesty's government, touching
Bering sea, than either our necessities
or our desires have ever suggested"
The secretary here cites the action of
Great Britain in excluding vessels from
waters within eight leagues of St.
Helena when Napoleon was confined
there, and again refers to the protection
over the Ceylon pearl fisheries by Great
Britain. He says: "I am directed by
the president to say that on behalf Of
the United States, he is willing
to adopt the text used in the
act OF parliament to exclude ships
fr<,,,, hnunpinu no ~ a.
than eight marine leagues, or he will
take the example OF Sir George Baden
Powell, where, by permission of her
majesty's government, control over part
of the ocean 600 miles wide, is today
authorized by Australian law. The
president will ask the government of
Great Britain to agree to a distance of
twenty marine leagues within which
no ship shall hover around the
islands of St. Paul and st. George from
the 10Th OF May until the 10Th of Octo-
ber each year. This will prove an ef-
fective mode Of preserving the seal fish
cries for the use OF the civilized world
mode which, in view of Great Britain's
assumption of power over an open sea,
she cannot with consistency Decline"
The secretary describes the destruct-
i've effects upon seal life of unrestricted
sealing, and says: "Great Britain has
been informed, advised and warned, over
and over again, of the evil effects that
would flow from her course of action.
But against testimony that amounted to
a demonstration, that she has preferred
to abide by partial representations from
Ottawa; by reports of commissioners
who examined nothing and heard moth
ing except the testimony Of those en-
gagged in business against the United
States, earnestly protested, she may
possibly be convinced OF the damage if
she will send intelligent commissioners
to the Pribylov islands."
Respecting the British proposition
looking to arbitration, the secretary
says: SIN the judgment of the presi-
dent, nothing of Importance would be
settled by proving that Great Britain
no jurisdiction to Russia over
the seal fisheries of Bering sea. It
might as we'll be proved that Russia con-
ceded no jurisdiction to England over
the river Thames, by doing nothing. In
each case everything is conceded; in
neither case is anything asked of the
other. Concession, as used here, means
simply acquiescence in rightfulness of
title, and that is the only form of con-
cession Russia asked of Great Britain, 4
or which Great Britain gave to Russia.
--ssi HlAs second offer 'r,f Lord -ksalishusy
to arbitrate amounts simply to the SUBJ
mission OF the question whether any
country has right to extend its juris-
diction more than one marine league
from shore. No one disputes that as q
rule, but the question is whether there
may not be exceptions whose enforce
ment does not interfere with those high
ways of commerce which the necessities
and usage of the world have marked
out.
"Great Britain, when she desired an
did not stop to consider or
regard the Inconvenience to which the
world would be subjected.
Her exception placed an obstacle in the
highway between two continents. The
United States, in protecting the seal
fisheries, will not interfere with single
sail OF commerce on any sea of the
globe. F
1T will mean something tangible, in
the present opinion, il Great Britain
will consent to arbitrate the real ques-
tions which have been under discussion
between the two governments for the
last four years. l shall endeavor to
state what, in the judgment of the pres
ident, those issues are:
"First-What exclusive jurisdiction
on the sea now known as Bering sea,
and what exclusive rights in the seal
therein, did Russia assert and
exercise prior and up to the time of the
cession of Alaska to the United States
''Second-HOw far were these claims
Of jurisdiction as to the seal fisheries,
recognized and conceded by Great Brit
ian? 'a
''Third-Was the body of water known
as Bering sea included in the phrase Pa
cific ocean, as used in the treaty of 1925
between Great Britain and Russia,
and what rights, if any, in
Bering sea were given o
conceded to Great Britain by said
treaty?
Fourth. Did not all the rights OF
Russia as to jurisdiction, and as to the
seal fisheries in Bering sea east of the
water boundary in the treaty between
The United States and Russia, OF March
30, 1867, pass unimpaired TO the United
States under that treaty?
Filth. What are now the rights of
the United States as to the fur seal fish
cries in the waters of Bering sea, outside
Of the ordinary territorial limits, whether
such rights grow out vi the cession by
Russia of any special rights or jurisdic-
lion held by her in such fisheries or
in the waters of the Bering sea,