St. Paul daily globe., 1891-05-08
BLAINE ARGUES IT.
The Behring Sea Question as
Sized Up by the Sec
retary.
There Is No Dispute on the
Geographical Points Under
Consideration.
But Blaine Says the Histori-
cal Point Is the One at
Issue.
The American Association Of
Doctors Elects Officers
and Adjoupns.

WASHINGTON, May 1.-THE following
hote, in addition to the correspondence
that has already passed in relationIo
the Behring sea controversy, is made
pnblic:
10 Sir Julian Pauncefote-Sir: The modi-
fications 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 manner, it is hoped, as will re-
suit in an agreement between the two gov
ernments While Lord Salisbury suggests
different mode of procedure from that en-
bodied in the sixth question. the president
does not understand him actually to object TO
the question, and he therefore assumes that
il is agreed to. The six questions as now
proposed by the president are as follows:
First-What exclusive jurisdiction in the
sea now known as the Behring sea, and what
exclusive rights in the seal fisheries therein,
did Russia assert and exercise prior and up
to the time of the cession Of Alaska to the
United States?
Second-How far were these claims Of ju,
risdiction as to the seal fisheries recognized
and conceded by Great Britain.
Third-Was the body of water known as
Behring sea included in the phrase Pacific
ocean, as used in the treaty of 1925 between
Great Britain and Russia; and what rights,lf
any, in the Behring sea were held and exclu-
sively exercised by Russia after said treaty?
uOL Ile VI Iluoold 10
to jurisdiction and as to the seal fisheries in
Behring sea, east Of the water boundary de-
scribed i'll the treaty between the United
States and Russia of March 80. 1867, pass un-
impaired to the United States under that
treaty?
Fifth-Has the United States any right,
and if so, what right of protection or prop
erty 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!
Sixth-If the determination Of the fore
going questions shall leave the subject in
such position thst the concurrence of Great
Britain is necessary in prescribing regula
tions for the killing of the fur seal in any
part of the waters of Behring's sea then 1t
shall be further determined: First how far,
If at all, outside the ordinary territorial
limits it is necessary that the United States
should exercise an
Exclusive Jurisdiction
in order to protect the seal for the time living
upon the islands of the United States and
feeding therefrom; second, whether the
closed season During which the killing of
seals in the waters of Behring sea outside the
ordinary territorial limits shall be prohib-
ited) is necessary to save the seal-fishing in
dustry, SO valuable and important to man
kind, from deterioration or destruction?
And, if so, third, what months or parts of
months should be included in such season,
ana over what waters it should extend.
The president does not object to the addi-
English ships, proposed by Lord Salisbury,
If one condition can be added, namely, that
after the issues of the arbitration are joined,
if the United States shall prevail, all
sells during the period shall be
paid for at the ordinary price for which skins
are sold. This seems to the president to be
the complement of Lord Salisburys propo-
sition, and he doubts not that it will secure
his lordships assent. In the first paragraph
of Lord Salisbury's dispatch of Feb q, he
makes the following declaration:
ut is now quite clear that the advisers of
the president do not claim Behring sea as
mare clausum. and, indeed, that they re-
pudiate that contentionin express terms"
Lord Salisbury's expression is put in such
form as to imply whether he SO intended 1
know mott that the United States has
hitherto been resting its contention
upon the fact that the Behring sea
was mare clausum, If that were his
intention 1t would have been well for his
lordship to specify wherein the United States
ever made the assertion. The emphatic de-
nial in my dispatch of Dec. II last was in
tended to put an end to the iteration of the
charges to eliminate 1t from the current dis
cussion. Lord Salisbury complains that l
did not deal with certain protests written by
Lord Londonderry and the Duke of yelling
ton in 1922, which he had before quoted. If
he will recur TO the twenty-sixth and twenty
seventh pages of my dispatch of Dec. II he
viii observe that specially dealt with these;
that maintained, and, think, proved from
luS lSAt. ludJ lLlSIG WIS LOJ IL SlIlRlc WOTu
in those protests referring to the Behring
sea, but that they referred, in the
language of the Duke of Wellington of
the 18th of October, 1922, only to the
lands extending along the shores of the
Pacific ocean from latitude 40 degrees to lat
itude so degrees north" In the first para
graph OF Lord Londonderry's protest of Jan.
Is, 1922, addressed to Count Lieven, of Rus
sia, he alluded to the matters in dispute as
especially connected with the
TerritoriaI RIGHTS
Of the Russian crown on the northwestern
coast of America. bordering on the Pacific
ocean, and the commerce and navigation of
his imperial majesty's subjects in the seas
adjacent thereto" From these, and other
pertinent facts, it is evident that the protests
of Lord Londonderry and the Duke of
Wellington had nothing whatever 10 do with
the points now in issue between the Ameri-
can and British governments concerning the
waters OF Behring sea. They both referred in
different, but substantially identical phrases,
10 the territory south of the Alaskan penin-
sula, bordering on the Pacific and geogra phi
ically shut out from the Behring sea. ! re-
gret that my arguments on a point which
Lord Salisbury considers of great importance
should have escaped his lordship's notice
In Lord Sallsbury's judgemnt the conten-
ton OF the United States now rests wholly
upon the ukase of 1921 by the Emperor Alex
ander !. 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 have so mis-
apprehended the American position as to
limit its basis OF right in Behring sea to the
ukase OF 1921. The government has,
recurring to any OF its inherited and
superior rights in Alaska. that this govern
ment has as full authority for going beyond
the three-mile line in case of proved neces-
sity as Great Britain possesses. Two or three
instances of the power which Great Britain
exercises beyond the three-mile line have
already been quoted, but have failed thus far
TO secure comment or explanation from Lord
Salisbury. Another case can be added which
perhaps lsetill more to the point. In 1889
only two years ago-the British parliament
enacted law, the effect of which is fully
shown by map inclosed herewith. Mote
The map referred to represents a triangular
three small frths or bays. The great
body Of water is nameless on the
map: Across the base OF the triangle is
the line OF exclusion. measuring S5 miles,
ana the two sides are Sc and GO miles longs
making The total eXclosed area 2.7OO square
miles. Far outside the three-mile line the
parliament of Great Britain has attempted to
control body of water situated beyond the
southeastern section Of Scotland, Q ZOO square
LIZ lies III extent. and to direct that certain
Methods of Fishing
shall not be used within that great body of
water under prescribed penalty. 1t will be
observed that the inhibition is not alone
against British subjects, but against "auy
person mere quote the pertinent saesssn
Of the parliamentary act iS Questions
1.-The fishing board nav, by law. or nv laws
dlrect thal ieee methods Of fishing known as
peein trawling and otter traWling shall not
be USED within line drawn from Duncansbv
head, in Caithness, to Rattray point, in Aber-
oeenshire, in an area or areas to be defined
In such bylaw, and may from time 10 time