The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1891-05-16
BERING SEA QUESTION.
Secretary Blaine Writes Another
Note to Lord Salisbury
On the Subject OF the BerinR Sea Con-
troversy-The Claims of tho United
States Ably Defended Tho
Grounds Upon which This
Government win Agree
to Arbitration.

matter. II is addressed to Sir Julian
Pauncefote, the British minister, and
reads as follows:
SIR-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 third and fifth in
such manner, 1t Is hoped, as will result in an
| agreement between the two governments.
| While Lord Salisbury suggests q different mode
| Of procedure from that embodied in tho sixth
question the president does not understand him
actually to object to the question, and he there
fore assumes that It is agreed to that the six
questions as now proposed by the president are
as follows:
First-What exclusive jurisdiction in the sea
now known as the Bering sea- and what exclu'
sive rights in the seal fisheries therein, did Rus
sia assert and exercise prior and up to the time
OF the cesston OF Alaska to the United states?
Second-How far were these claims Of juris.
diotiou as to the seal fisheries recognized and
conceded by Great Britain?
Third-Was the body OF water now known as
the Bering sea included in the phrase Pacific
ocean," as used in the treaty of 1925 between
| Great Britain and Russia; and what rights, II
any in the Bering soa were held and exclusive
| ly exercised by Russia after said treaty.
Fourth-Did not all the rights Of Russia as to
jurisdiction and as to the seal fisheries in Ber-
ing sea, east Of tho water boundary, described
in the treaty between the United States and
Russia OF March 80, 1857 pass unimpaired to
the United States under that treaty.
F1fth-Has the United States any right, and
fur seals freqGenting the islands 81 he United
States in Bering sea, when such seals are found
outside the ordinary three mile limit!
| Sixth-If the determination Of the foregoing
questions shall leave the subject in such posi-
| tion that the concurrence OF Great Britain is
| necessary in prescribing regulations for the
killing of the fur seal in any part of She waters
| Of Bering sea, than 1t shall be further deter
| mined:
First, how far, il at all, outside the ordinary
territorial limits is 1t necessary that the United
| States should exercise an exclusive 1urtsdic-
tion, in order to protect the seal for the time
| living upyn the Islands OF the United States
and feeding therefrom!
| Second whether closed seaeon during
which the killing Of seal in tho waters OF Bering
| sea outside tho ordinary territorial limits shall
be prohibited( is necessary to save the seal
fishing industry, so valuable and important to
mankind, from deterioration or destruction2
| And, II so, third what months or parts OF
| months should be included in such season and
over what waters it should extend.
Tho president does not object 20 the addi.
tfonal question respecting alleged damages to
| English ships proposed by Lord Salisbury, II
| one condition can be added, namely: That af.
| ter the issues of the arbitration are Joined, II
| the United States shall prevail all the seals
| taken by Canadian vessels during the period
shall be paid for at the price for which seals are
| sold. This seems to the president to be the
complement OF Lord Salisburys proposition,
and he doubts not that it will secure his lord
ships assent.
In the first paragraph Of Lord Salisbury's dis.
| patch OF February 2l he makes the following
| declaration:
1t is now quite clear that the advisers Of the
| president do not claim Bering sea as marc
| clauSum, and indeed that they repudlnte that
| contention in eXpreBs terms.
| Lord Salisbury's expression is put in such
| form as to imply whether he so intended 1
| know not) that the United States had hitherto
! been resting its contention upon the fact that
| tho Bering sea was mare clausum. If that was
! his intention it would have been well for his
| lordship to specify wherein the United States
| ever made the assertion. The emphatic denial
| in my dispatch of December II last was in.
tended to put an end to the iteration OF the
charge and to eliminate ii from the current dis.
| cusslon.
| Lord Salisbury complains that 1 did not deal
with certain protests written by Lord London.
| derry and the Duke of Wellington in 1922, which
| he had before quoted. If he will recur to the
| twenty-sixth ana twenty-seventh pages Of my
dispatch of December II he will observe that
especially dealt with these; that maintained
and, think, proved from the text that there
was not single word in these protests refer
ring to the Beriag sea- but that they referred IN
the language of the Duke OF Wellington of the
nth OF October, lS"2 only TO the lands extend.
ing along the shores OF the Pacific ocean from
latitu @ 40 degrees TO latitude 60 degrees
north"
In the first paragraph OF Lord Londonderry's
protest on January l., ls2g, addressed TO Count
LieveE, of Russia, he alludes TO the matters in
dispute as "es geCially connected with the terri.
torial rights OF the Russian crown on the north
west coast OF America bordering on the Pacific
ocean, and the commerce and navigation of his
imperial malesty's subjects in the seas adjacent
| thereto"
From these and other pertinent facts it is
evident that the protests of Lord Lone aonderry
and the DUGe of Wellington had nothing what
ever to do with the points now at issue between
the American and British governments con
cerning the waters OF the liering sea. They both
referred, in different but substantially identical
/ phrases TO the territory south of the Alaskan
peninsula bordering on the Pacific and geo..
graphically shut out from the Bering sea- re.
greet that my arguments on point which Lord
Salisbury considers OF great importance should
have escaped his lordships notice.
In Lord Salibury's Judgment the contention
of the United States now rests wholly upon the
uliase OF 1871 by Emperor Alexander !. OF Rus.
sia. The United States has at no time rested
its argument solely on the ground mentioned
and this government regrets that Lord >alis.
bury should have so misapprehended tho Amer.
lean position rs to limit its basis OF right in
Bering sea to the ukaSe OF 1891. The United
! States has among other grounds, insisted with.
out recurring to any OF its inherited and su.
perior rights in Alaska that this government
| has as full authority for going beyond the three
mile line in case OF proved necessity as Great
| Britain possesses.
| Two or three instances of the power which
| Great Brit1in exercises beyond the three mile
line have already been quoted but have failed
thus far 10 secure comment or explanation from
| Lord Salisbury. Another case can be added
| which, perhaps is still more to the point In
lS5d-only two years ago-the British parlia.
rnent enacted law. the effect OF which is fully
shown bya map inclosed herewith. Far out.
side the three mile line the parliament OF
Great Britain has attempted to control body
! OF wafer Sltuuleu DpyOnQ Ile nOrthea eaStern
tion OF Scotland. 200 square miles in extent,
and to direct that certain methods OF fishing
shall not be used within that great body OF
water under Il prescribed penalty
II Great Britain may thus control an area of
! 200 miles OF ocean coast OF Scotland, why NAV
not the United States prescribe O space around
the Pribyloh islands in which similar prohibi
tions may be enforced? The following would
be the needed leg alton for such purpose by
congress. but paraphrase act OF parliament:
The fur seal board may by by law or bylaws
direct that the methods Of sealing known as
spearing or harp sonlng or with firearms. shall
not be used within a liac drawn from the Prlby.
Ion islands sixty miles in the Bcring sea and
said board may from time TO time make alter
and revoke bylaws for the purpose OF this sec
tion; but no such by law shall be OF any validity
until II has been confirmed by the secretary OF
the treasury.
Secondary person who uses any such meth.
cd OF sealing IN contraYention OF such bylaws
shall be liable on conviction TO u limo not ex.
ceedtng 500 for the first oiIBnse and not exceed.
ing so for the second or any subsequent Of
Tense and every spear, harpoon or frearm at
tempted to DO used in contravention OF any
such by law may be seized and DESTROYED or
otherwise disposed OF as said fur seal board
may direCl.
II must not escape observation that tho area
OF water outside the three milo lido on the
coast OF Scotland. who so control Is assumed by
Great Britain Is as large as would be found In.
side o line crawn from Cape Cod 10 Portland
hnrbor ON the New England coast
Loru salisbury reasserts his contention that
the words "facltc ocean" ut the time OF the
treaty between Russia and Grebt Britain did
include Boring sea- Undoubtedly the Pacific
ocean includes Boring sea In the same sense
that the Atlantic ocean includes the Gnlf Of
Mexico ami yet 1t would be regarded as q very
inaccurate statement N say that the MiIsis.
sippt river flows into the Atlantie ocean. /
think Lord lllsbury fai s TO recognize the com
mon distinction between the Atlantic ocean"
and the waters OF the Atlantic" While tho
Mexican gulf Is not part o. tho Atlantic ocean
IL would am sure, cOmport with general usage