The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-05-08
Secretary Blaine's Last Note to
Sir Julian Pauncefote.
SIX IMPORTANT PROPOSITIONS
The Question of Jurisdiction Comes First
Distinct Disavowal Of the Mare Clau-
sum Theory-Russia's Rights.

tween the two governments. While Lord
Salisbury supports different mode of pro-
cedure from that embodied in the sixth
question, the President does not under
stand him actually to object to the ques-
ton, and therefore assumes it is agreed to-
The six questions now proposed by the
President are:
WHAT exclusive jurisdiction in Behr-
ing sea and what exclusive rights in the
seal fisheries therein, did Russia assert and
exercise up to the time of the cession of
Alaska TO United States!
''2-How far were these claims conceded
by Great Britain?
"3-Was Behring sea included in the
phrase Pacific ocean in the treaty of 1850
between Great Britain and Russia? And
what rights, if any, IN Behring sea were
held and exclusively exercised by Russia
after said treaty?
'4-Did not all the rights Of Russia pass
unlmpalred to the United States under the
treaty of 1867?
''5-Has the United States any right, and
II SO what right of protection or property
In the fur seals frequenting the islands of
the United States in Behring sea, when
such seals are found outside the ordinary
three mile limit!
eff the determination of the foregoing
questions shall leave the subject in such a
position that the concurrence of l. Great
Britain Is necessary in prescribing regula-
lions for the killing of the fur seal in any
part of the waters of Behring sea, then it
shall be further determined:
"l-How far, if at all, outside the ordin-
airy territorial limits it is necessary the
United States should exercise exclusive
jurisdiction III order to protect seal for a
time living upon islands of the United
States and feeding thereon.
''2-Whether closed season, during
which the killing of seals in the Wateos of
Behring sea outside the ordinary terri
torlal limits shall be prohibited, is neces-
sary to save the seal fishing industry, so
valuable and important to mankind, from
deterioration or destruction and if so,
3-What months, or parts of months
should be included in such season and over
what waters should it extends
1.-THE President does not object to the ad-
ditional question respecting the alleged
damage to English ships, if the condition
can be agreed to that the United States
shall provide in the arbitration that all
seals taken by Canadian vessels during the
period shall be paid for from the ordinary
proceeds for which the skins are so sold.
I'm Lord Sallsbury's dispatch of F'ebau-
airy u, he makes the declaration that it is
now quite clear the advisers of the Presi-
dent do not claim Behring sea as mare
cldusum and indeed repudiate that conten-
ton in express terms"
Mr.. Blaine says Lord Salisbury's ex-
preston is in form to imply that the
United States hitherto has been resting it's
contention upon the facts that Behring sea
was a mare clduSum. If that was the in
tention it would have been well for his
lordship to specify wherein the United
States ever made the assertion. Lord
Salisbury complains I did not deal with
certain protests of Lord Londonderry and
the Duke of Wellington in 1922. In my
dispatch of December II, fully dealt with
them, and maintained, and L think proved,
from the text there was not single word
in these protests referring to Behring
sea; but that they referred in the language
of the Duke of Wellington only to lands ex-
tending along the shores of the Pacific
ocean from latitude 40 and to latitude 60
degrees, north. In Londonderry's protest
he alluded to matters in dispute as con-
nected with the territorial rights of the
Russian crown on the northwest coast of
America, bordering on the Pacific ocean.
and the commerce and navigation of his
imperial maiestys subjects in the seas ad-
jacent thereto. Both protests referred to
territory south of the Alaskan peninsula
bordering on the Pacific and geographic
ally south from Behring sea-
I'm Lord Salisbury's judgement the con-
tention of the United States now rests
wholly upon the ukase of 1891 by the En-
peror of Russia. The United States has at
no time rested its argument solely on the
ground mentioned, and this government
regrets that Lord Salisbury should have
so Inexperienced the American position
as to limit its basis of right in Behring sea
to the ukase of 1921. The United States
has among other grounds insisted withou,
recurring to any of its inherited and supe-
rior rights in Alaska, that this government
has full authority for going beyond the
ree-mile in case of proved necessity as
Great Britain possesses. Two or three
instances of power which Great Britain
exercises beyond the three mile line
have already been quoted, but failed
or explanation from Lord Salisbury
Another case can be cited, perhaps still
more to the point. In 1899, only two years
ago, the British parliament enacted a law
| the effect of which is fully shown by the
map enclosed herewith. Far outside the
three mile line the parliament of Great
Britain has attempted to control the body
of water situated beyond the northeastern
section of Scotland, 2,700 square miles in
of fishing shall not be used within that
body of water under a prescribed penalty
The inhibition is not alone against BRITISH
subjects but against any person.
! MIR. Blaine quotes from the parliamen.
tary act in question and adds: eff Grea
Britain may thus control an area of 2,70(
square miles of ocean on the coast of Scot.
| land, why may not the United States pre-
scribe a space around Pribyloff islands il
which similar prohibition may be en-.
forced. 1t must not escape observation
| that the area of water outside of the three
mile line of Scotland, whose control is
assumed by Great Britain, is as large a.
would be found inside the line drawn from
| Cape Cod to Portland harbor.
| Lord Salisbury reasserts his contention
that the words Pacific ocean at the tim,
of the treaty between Russia and Grea
Britain did include Behring sea. I'm
doubtedly the Pacific ocean included
Behring sea in the same sense that the At
lantic ocean includes the Gulf of Mexico
and yetit would be regarded as very in
accurate statement to say that the Mis-
! sissippl river flows into the Atlantic ocean
In point of fact, therefore, according to tn
usage of the word, there is no dispute O
any consequence on geography, on tn
point under consideration A historica
point is the one at issue. The explanator
note from Russia in the state department
especially referred to in John Quincy Ad
ans diary and quoted in my not
of December II, plainly draws distlnc
ton between the Pacific ocean on the on
hand and the sea of Oskhotch, sea of Kamc
chatka or Icy sea, on the other, and 8
long as Russia drew that distinction