, 1891-04-11
From the European Mail, March ISM

1t turns out, after all, that the arbitra-
tion which has been arranged in regard To
the newfoundland fishery dispute i of a
restricted character. II has reference
only to contested questions bearing upon
the catching and preparation of holsters
on what is known as the 'French shore"
of newfoundland. NO doubt it has been
stipulated, in the Agreement which Lord
Salisbury and NJ. Waddiugt0n signed q
few days ago, that after the lobster Ques-
ti0n has been settled the Commission of
Arbitration may "take cOgniSance of
other subsidiary questions relative to the
fisheries on the so called "French shore"
as to which the two Governments NAV
have decided upOn the terms of reference.
This, however, Is merely u Hypothetical
addition to the immediate objects of the
Agreement, with which, unfortunately.
the Newfoundland ColOnists have OK
pressed beforehand their dissatisfaction.
1t is to be hoped that, as the arbitration
proceeds, they will have reason to
see that they have taken an unreasona-
bly, peSsimiSt view Of the matter. At any
rate, there can be no substantial injustice
in the submission to an impartial tribu-
nal of the contested points with respect.
to the lobster fishery. When those are
settled the way Will be cleared for negO-
tiations to get rid, by a loyal and rational
compromise, of a conflict Of rights pro-
tected by treaties, which appears at pre-
sent to be inextricable.
1t has been arranged that the tribunal
is to be composed of "three specialists or
jurisconsultS," nominated by common con-
sent, together with 1.-TWO delegates of
each country, who shall be the authorised
channels of communication between the
two Governments and the other arbitra-
tors" The ~lurisconsults chosen, accord
ing to the last dispatch published in
the Further Correspondence respecting
the Newfoundland Fisheries" just laid
before Parliament, are M. de Martens,
Professor of international Law at the
University of st. Petersburg; NJ. River,
COnsul-G General of Switzerland at Brussels,
and President of the Institute OF Inter.
national Law; and NJ. Gram, formerly
@nember of the Supreme Court of Norway.
These eminent persons have doubtless
been selected not only for their knowledge
of the law of nations, but for their entire
absence of possible bias in regard to the
subjects they will have to adjudicate-
upon.
Further and important correspondence
has just been published respecting the
Behring Sea Fisheries. Lord Salisbury,
replying to the United States Govern
ment through Sir Julian. Pauncefote, on
Feb. q, declares that Her MajeSty's
Government lave 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 it is nevertheless a matter of sincere
satisfaction that the President is willing
to refer to arbitration what he conceives
to be the matters which have been under
discussion between the two Governments
for the last four years. Lord Salisbury
points out that the main question is,
whether the body of water now known as
the Behring Sea is included in the phrase
"Pacifc Ocean," as used in the Treaty Of
1926 between Great Britain and Russia;
and what rights, if any, in the Behring
Sea were given or conceded to Great
Britain by the. treaty. He says :--"Her
Majesty's Government would have 5nt
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 it can conclude the larger questions'
which the arbitrator would have to de-
t%ernine, What rights, If any in the