The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-03-11

or conceded to her by said treaty. All that
was done was to recognize her natural right
of free navigation 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.
AN ADMISSION.
"a. Did not all the rights of Russia as to
jurisdiction and as to the seal fisheries in
Behring Sea, east of the water boundary, in
the treaty between the United States and
Russia of the Both of March, 1867. pass un-
impaired to the United States under that
treaty." This question is hardly worth re-
ferring to an arbitrator, as Great Britain
would be prepared to accept it without dis
pute.
THE FIFTH QUESTION.
"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 the cessi0n by Russia of
any special rights or jurisdiction held by
her in such fisheries, or in the waters of
Behring Sea, or out of ownership of the
breeding grounds, and the habits of the
seals in resorting thther and rearing their
young thereon, and going out from the
islands for food, or out of any other fact or
incident connected with relation of those
seal fisheries to the territorial possessions OF
the United StateS?'
''Ihe first clause, What are now the
rights of the United States?' etc., is a
question which would be very properly re-
ferred to the decision of the arbitrator. But
the subsequent clause, which assumes that
such rights could have grown out of the
ownership of the breeding islands and the
habits of the seals in resorting thereto, in
wolves an assumption as to the prescriptions
OF International law at the present time, to
which her Majesty's Government are not
prepared to accede.
A SPECIAL SUBJECT.
sixth question, relating to the establish
ment of closed period in 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 separate reference. Her
Majesty's Government have no objection to
refer the general question OF close time to
arbitration, or to ascertain by that means
how far the enactment of such a provision
is necessary for the preservation of the seal
specie, but any such refe renee ought not to
contain words appearing to attribute special
and abnormal rights in the matter to the
United States.
"There is an omission in these questions
which | have no doubt the Government of
the President will be very glad TO repair,
and that is the reference to arbitration of
the question of what damages are due to
persons who have been injured In case it
shall be determined by him that the action
Of the United States in seizng British YES
sells has been without warrant in interna-
tioDal law. Subject to these reservations,
her Maiesty's Government will have great
satisfaction In ldining with the Government
of the United States in seeking, by means
of arbitration, the adjustment of the inter-
national questions which have SO long formed
a matter of controversy between the two
Governments"