The record-union., 1891-03-11
up to the time of cession of Alaska to the

up to the time of cession of Alaska to the
United States -
go How far were these claims of juris-
diction as to seal fisheries recognized and
conceded by Great Britain?'
THE third question is expressed in the
following terms Was the body of
water now known as Behring Sea in
cluded in the phrase Pacific Ocean, as
used in the treaty of 1926 between Great
Britain and Russia, and what rights, if
any, in Behring Sea We're given or con-
ceded to Great Britain by said treaty p
Her Majesty's Government would
have no objection to referring to arhitra-
ton the first part of that question if it
should be thought desirable to do 50 but
they would give that consent with the
reservation that they do not admit that de-
cision ii it can conclude the larger question
the arbitrator would have to determine.
To the latter part of No. 3 it would be
their duty to take exception. Great Brit
ain has never suggested that any rights
were given to her or conceded to her by
said treaty. All that was done was 70
recognize her natural rights of free navi-
CATION 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.
ga. Did not all the rights of Russia as
to the jurisdiction and as to sea fisheries
in BehriDg Sea, east of the water bound-
ary, in the treaty between the United
States and Russia of the 3oth of March,
1887, pass unimpaired to the United
States under that treaty?'
This question IS hardly worth re-
ferring to an arbitrator, rs Great Britain
would be prepared to accept it without
dispute"
..'The fifth proposed question is as fol-
lows: What are now the rights Of the
! United States as TO the fur seal fisheries
in the waters of Behring Sea outside of
the ordinary territorial limits; whether
such rights grew out OF accession by
Russia of any special rights or iuris-
diction held by her in such fisheries or
waters of Behring Sea, or out of owner
ship of breedings and habits OF seals in
resorting thither and rearing their young
thereon. and going out from the islands
for food, or OUT OF any other fact or Incl
dent connected with the relation of those
seal fisheries to the territorial possessions
of the United StatcS?'
'srhe first clause, What are now the
rights Of the United States?' ETC.. is a
question which would he very properly
referred to the decision of the arbitrator
But the subsequent clause, which as
salnes that such rights could have grown
out OF the ownership of the breeding
islands and habits Of the seals in resort
ing thereto, involves an assumption as to
the prescriptions of international law at
the present time to which Her Maiesty's
Government are not prepared TO acced2."
The sixth question, relating 10 the eS-
tablishment of the closed period III seal
fishing, which deals with issues that Will
arise in case the controversy should be
decided in favor of Great Britain, would
perhaps, more fifty form the substance OF
a separate reference. Her Majesty's Gov
ernment has no objections TO refer tie
general question Of the close time to ar
bitration, or to ascertain by that means
how far the enactment OF such provision
is necessary for the preservation OF the
seal species; but any such reference ought
not to contain words appearing to attri-
| butte special and abnormal rights in the
! matter Of the United States.
''There is an omission in these cues
! tions which / have 10 doubt the Gov vern-
! ment or the President viii be very glad
| to repair, and that is the reference to ar
! bitration of the question what damages
are due to persons who have been in
! jiured In case it shall be determined by
! him that action OF the United States in
seizing British vessels has been without
warrant in international law.
''Subject to these reservations, Her
! Majesty's Government Will have great
satisfaction i'll joining with the Govern
ment of the United States in seeking by
means of arbitration an adjustment Of
the international questions which have
SO long formed matter of contro-
versy between the two Governments"