The record-union., 1891-05-08
Special to the RECoRD-UN1oN.

Breed.
Special to the REcoRD-UNIoN.
WASHINGTON, May Another note
from Secretary Blaine to Sir Julian
Pauncefote, under date of April l4th, is
made public. 1t says, in part: 1.-The
notifications which Lord Salisbury sug-
gests in the questions for arbitration do
not wholly meet the views Of the Presl-
dent, but the President changes the text
of the third and fifth in such manner, 1T
is hoped, as will result in an agreement
between the two Governments. While
Lord Salisbury suggests different mode
of procedure from that embodied in the
sixth question, the President does not
understand him actually to object to the
question, and, therefore, assumes that 1t
is agreed. The six questions now pro-
posed by the President are:
'First-What exclusive jurisdiction in
Behring 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 the United States?
''Second-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, if any, in the
Behring Sea were held and exclusively
exercised by Russia after said treaty?
"Fourth-Did not all the rights of
Russia pass unimpaired TO the United
States under the treaty of 1867?
''Fifth-Has the United States any
right, and, If so, what right of protection or
property in the fur seals frequenting the
1ol, 10. xNffI tod IlnH
Sea when such seals are found outside of
the ordinary three-mile limit?
''SiXth-lf the determination of the
foregoing questions shall leave the sub
ject in such position that the concurrence
OF England Is necessary in prescribing
the regulation for the killing of fur seals
in any part of the waters OF Behring Sea.
then it shall be further determined %
how far, if at all, outside of the ordi-
nary territorial limits it is necessary that
the United States should exercise ex-
elusive jurisdiction in order to protect
the seals for a time living upon the islands
of the United States and feeding there
from; (2) whether the closed season, dur
ing which the killing of seals in the
waters of Behring Sea outside of the ordi-
nary territorial limits shall be prohibited
is necessary to save the seal-tishing in
dustry, as so valuable and important to
mankind, from deterioration or destruc-
IL
of months should be included in such
season, and over what waters it should
extend?
The President does not object to the
additional question respecting the alleged
damage to English ships, ii the condition
can be added that if the United States
shall prevail in arbitration, all seals
taken by Canadian vessels during the
period shall be paid for at the ordinary
price for which the skins are sold"
In Lord SaliSbury'S dispatch of Febru-
airy Dist, he makes declaration that it is
now quite clear that the advisers of the
President do not claim Behring Sea as
mare cIdmSuH, and, indeed, repudiate
that contention in express terms.
Mr.. Blaine says that Lord SaliSbury'S
expression is in form To imply that the
United States has hitherto been resting
its contention upon the fact that the
Behring Sea was mare cia1tSltnl. IF that
was the intention, it would have been
well for his LOrdShip to specify wherein
the United States ever made the assertion.
Lord Salisbury complains that 1 did not
deal with certain protests OF Lord Lon
dOnderry and the Duke of Wellington in
1S22. In my dispatch of December 18th
l especially dealt with them; maintained,
and think, proved from the text, that
there was not a single word i'll those pro-
tests referring TO Behring Sea. but that
they referred in the language Of the Duke
of Wellington, only TO lands extending
along the shores of the Pacific Ocean
from latitude 40 to latitude 90 degrees
north
'In Lord Londonderry's protest he al
ludeS to the matters in dispute as espe-
cially connected with the territorial rights
OF the Russian crown on the northwest
coast Of America, bordering on the Pa
citic Ocean, and the commerce and navi-
CATION of his Imperial Majesty's subjects
in the seas adjacent thereto. Both pro-
tests referred to territory south of the
Alaskan Peninsula bordering on the Pa
citic, and geographically shut out from
Behring Sea.
I'm Lord Salisburys judgment the
contention of the United States now rests
wholly upon the ukase of 1921 by the EN-
peror of Russia. The United States has
at no time rested its argument solely on
the ground mentioned, and this Govern
ment regrets that Lord Salisbury should
have SO misapprehended 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 recurring to
any of its inherited and superior rights
in Alaska, that this Government has as
iull authority for going beyond the three
mile line III case of proved necessity as
Great Britain possesses. Two or three
instances OF the power which Great
DIIldlH cAeFClSeS beNOnu the Jnree-Tnlle
line have already been quoted, but failed
thus far TO secure comment or explana-
ton from Lord Salisbury.
Another case can be cited, perhaps still
more 10 the point. In 1SS9-only two
years ago-the British Parliament en-
acted a law, the effect of which is fully
shown by the map inclosed herewith.
Far outside of the three-mile line, the
Parliament of Great Britain has attempted
TO control a body of water situated be-
yond the northeastern section of Scot
land 200 square miles in extent, and to
direct that certain methods of fishing
shall not be used within that great BODY
of water, under a prescribed penalty.
The inhibition is not alone against British
subjects. but against any person."
MIR. Blaine quotes from the Parliament
ary Act in question, and adds: IF Great
Britain 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 enforced? 1t must not escape
observation that the area of water outside
Of the three-m line of Scotland, whose
control is assumed by Great Britain, is as
large as would be found inside the line
drawn from Cape Cod TO Portland harbor.