The morning call., 1891-05-08
BLAINE'S LATEST.
Another Note for Salisbury
to Ponder Over.
A Lengthy Communication on the BehF-
Ing Sea Matter.
The Secretary Greatly Strengthens Bis
Own Position Questions Suggested 10
Be Referred for Arbitration.
speeial to THE MORNING CALI.

WASHINGTON. May T.-An0thef note from
Secretary Blaine to Sir Julian Pauncefote,
under date of April 14th. is made public. 1t
says in part: 1.-THE notifications which
Lord Salisbury suggests in the questions for
arbitration do not wholly meet the views Of
the President, but the President changes
the text of the third and fifth in such a
manner, it is hoped, as will result in an
agreement between the two Governments.
mode of procedure from that embodied in
the sixth question. the President does Eot
understand him actually to object to the
question, and therefore assumes that it IS
agreed to. The six questions now proposed
by the President are:
QUESTIONS TO BE CONSIDERED.
"First-What exclusive jurisdiction in
Behriug Sea and what exclusive rights in
the seal fisheries therein. did Russia assert
and exercise up to the time of the ces-
sion of Alaska to the United States Sec
ond-How far were those claims conceded by
Great Britain? Third-Was Behring Sea
included in the phrase Pacific Ocean used
in the treaty OF 1925 between Great Britain
and Russia, and what rights, II any, in
Behring Sea were held and exclusively ex-
ercised by Russia after said treaty? Fourth,
Did not all the rights of Russia pass unim-
paired to the United States under the treaty
of 1862 Fifth--HaS the United States any
right, and il so, what right, OF protection or
property in the fur seals frequentlug the
islands of the United States in Behrihg Sea,
when such seals are found outside the ordi-
nary three-mlle limit?
RIGHTS OF THE UNITED STATES.
'Sixth-If the determination Of the fore
going questions shall leave the subject in
such a position that the concurrence Of
Great Britain Is necessary in prescribing
regulations for the killing of fur seal in any
part of the waters of Behring Sea, then 1T
Shall be further determined % How far,
if at all, outside the ordinary territorial
limits it is necessary that the United States
should exer ise exclusive jurisdiction in Or
der to protect seal Tor the time living upon
the islands of the United States and feed
ing therefr0m; (2) Whether a closed sea-
son, during which the killing OF seals In the
waters OF Behring Sea outside the ordinary
territorial limits shall be prohibited, Is
necessary to save the seal-hShlng industry,
so valuable and important to mankind, from
deterioration or destruction, and II so, 81,
What months or parts OF months should be
included in such season and over W hat
waters it should extend.
AN ADDITIONAL QUESTION.
"The President does not object to an ad-
ditional question respecting the alleged dam
age To English ships, il a condition can be
added that IL the United states shall pre-
vail in the arbitration, all seals taken by
Canadian vessels during the period Of the
dispute shall be paid tor at the ordinary
price for which skins are sold.
"In Lord Salisbury's dispatch Of Feb
ruary 21St he makes the declaration that
it is now quite clear that the advisers of the
President do not claim Behring Sea as
mare clausum, and indeed repudiate that
contention in express terms.
Mr.. Blaine says Lord Sallsbury's express
sion is in form to imply that the United
States hitherto has been resting its conten-
ton upon the fact that Behring Sea was q
mare clausum.
SALIsBURY's LAME COMPLAINT.
"If that was the intention it would have
been we'll for his Lordship to specify where
in the United States ever made the asser-
ton. Lord Salisbury complains that did not
deal with certain protests of Lord London
derry and the Duke of Wellington in 1922.
In my dispatch Of Decem Der 18th | espe-
cially dealt with them; maintained, aud l
think proved from the text, that there was
not single word in those protests refer
ring to Behring Sea, but that they re-
ferred, in the language of the Duke of We'll
lington, only to lands extending along the
shores of the Pacific Ocean from latitude 20
to latitude 90 degrees north
ANOTHER MATTER ENTIRELY.
In Lord Londonderry's protest he al
ludes to the matters in dispute as especially
connected 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 Majesty's subjects in seas adjacent
thereto. Both protests referred to territory
south of the Alaskan Peninsular. bordering
on the Pacific, and geographically shut out
from Behring Sea.
MIsAPPREHENsIoN.
"In Lord Salisbury'S judgment the con-
tention of the United States now rests
wholly upon the ukase of 1921 by the En-
peTor of Russia. The United States has at
no time rested Its argument solely on the
ground mentioned, and this Government re-
grets that Lord Salisbury should so have
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, without re-
curing t. any of its inherited and superior
rights in Alaska that this Government has
rs full authority for going beyond the three
mile line in case OF proved necessity as Great
Britain possesses.
A CASE IN POINT.
1.-TWO or three instances of the power
three-mile line has already been quoted Dut
failed thus far to secure comment or expla-
nation from Lord Salisbury. Another case
can be cited, perhaps still more to the point.
In 1889, only two years ago, the British
Parliament enacted law. the effect of
which is fully shown by the map inclosed
herewith. Far outside the three-mile line
the Parliament of Great Britain has at
tempted TO control body Of water situated
beyond the northeastern section of Scot
land, 2700 square miles in extent, and to di-
rect that certain methods of fishing shall not
be used within that great body of water
under prescribed penalty.
f" The inhibition is not alone against
British subjects but against any person.
WHY NOT?
Mr. Blaine quotes from the Parliamentary
act in question and adds: IF Great Brit
ain may thus control an area of 200 square
miles of ocean on the coast of Scotland, why
may not the United States prescribe the
space around the Pribyloff Islands. in which
similar prohibitions may be eniorcedP
" 1t must not escape observation that the
area of water outside the three-mile line of
Scotland, whose control is assumed by
Great Britain, is as large as would be found
inside line drawn from Cape Cod to Port
and HarDor.
DEFINITION OF PACIFIC OCEAN.
Lord Salisbury reasserts his contention
that the words Pacific Ocean at the time of
the treaty between Russia and Great
Britain did include Behring Sea- Undoubt-
edly the Pacific Ocean includes Behring Sea
in the same sense that the Atlantic Ocean
includes the Gulf of Mexico, and yet it
would be regarded as very Inaccurate
statement to say that the Mississippi River
flows into the Atlantic Ocean. In point of
fact, therefore, according to the usage of
the word, there is no dispute of any conse-
quence on the geographical point under con-
sideration.
A DISTINCTION.
" The historical point is the one at issue.
An explanatory note from Russia while he
was in the State Department, and especially
referred to in John Quincy Adams diary
last, plainly draws a distinction between
the Pacific Ocean en- one hand and the Sea
of Okhotsk, Sea of Kamschatka and Icy Sea
IN la nfh fhar or,H rs Pm a