New-York tribune., 1891-05-08
PRICE THREE CENTS.

posed by Lord Salisbury, one condition can be added,
namely: that after the issues Of the arbitration arc
joined II the United States shall prevail all the seals
taken by Comedian vessels during the period shall be
paid for at the ordinary price for which skins sold.
This seems to the President to be the complement d
Lord salisburys proposition, and no doubts not that
win secure His Lordship's assent.
In the first paragraph of Lord saEsbury's dispatch
Of February 81 he makes the following declaration:
1t quite clear that the advisers Of the President
do not claim Behring Sea ss mare clausum and indece
that they repudiate that contention In express terms
Lord salsbury's expression is put in such form a.
to imply whether he so intended know not that the
United States had hitherto been resting Its contention
upon the fact that the Behring Sea mare causun
If that his intention 1t would have BEEN wen
for His Lodship to specify wherein the United states
ever made the assertion. The emphatic denial In my
dispatch OF December IL last was intended TO put an
end to the iteration OF the charge and to eliminate
1t from the current discussion.
Lord Salisbury complains that did not deal with
certain protests written by Lord Londonderry and the
Duke Of Wellington in 1922, which he had before
quoted. II he will recur to the twenty-sixtn and
twenty seventh pages OF my dispatch OF December
H. lie will observe that specially dealt with these;
that maintained and, / Think proved from the texs
that there not single word in those protests
referring TO the Behrng Sea- but that they referred In
the language Of the Duke of Wellington OF the 17th OF
October 1922 only 10 the lands extending along the
shores Of the Pacific Ocean from latitude 40 10 iaude
90 degrees north.' In the first paragraph OF LORD
LondondeTys protest Of January 16, 1922 addressed
to Count Leven, OF Russia he alluded to the matters
in dispute as especially connected with the territorial
rights of the Russian Crown on the Northwest coast
of America bordering tho Pacific Ocean, and the
commerce and navigation cf His Imperial Majcsty's
subjects in the adiace thereto From these
other pertinent facts is evident that the protests
of Lord Londonderry and the Duke of Wellington had
vvhnt 10 a
between the American and British Governments con-
cernIng the waters OF the Behring Sea. They both
referred in different but substantially identical phrases,
to the territory south of the Alaskan Peninsula border
ing on the Pacific and geographically shut out from
the Behring Sea- regret that my arguments on q
point which Lord Salisbury considers of great Inn
nortance should have escaped His Lordshp's notice.
In Lord salisburv's judgment the contention OF thu
trr,ted States now rests wholly upon the Ukase Of
1891 by the Emperor Alexander OF Russia The United
states has at no time rested III argument solely on the
ground mentioned, and this Government regrets that
Lord Salisbury should have misapprehended the
American position as to limit Its basis Of right in
Bebring 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 fun authority for going
beyond the three mile line In OF proved necessity
as Great Britain possesses.
Two or three instances Of the power which Great
ready been quoted but have failed thus far to secure
comment or explanation from Lord Salisbury Another
case can be added which perhaps is still more to te
point. In 1s69-only two years ago-the bntisn
Parliament enacted law, the effect OF which Is fully
shown by a map inclosed herewith Far outside the
treemile line the Parliament OF Great Britain has at
tempted to control body Of water situated beyond the
northeastern section of Scotland 27O0 square miles In
extent ard TO direct that certain methods OF fishing
shall not be used within that great body Of water under
a prescribed penalty. 1t will be observed that the
inhibition is not alone against British subjects, but
against "any person." here quote the pertinent sec
ton OF the Parliamentary act in question:
7 ~ The Fishing Board may, by bylaw or bylaws
direct that the methods Of fishing known as beam tawns
and otter trawlne shall not be used within line drawn
from Duncansby Head Caithness TO Ratsray Point In
Aberdeenshe any areas TO be dehned In sueh
bylaw and may time make, alter and revoke
yaws for the purposes Of this section but no such by
law shall be Of any validity unit. IL has been confirmed by
the Secretary for Scotland
fe). Any person who such method OF fishing IN
contrayention Of any such bylaw shall be liable ON con-
vcton under the Summary Jurisdiction (Scotand Acts 70
fine no. exceeding e5 for the first offence and not ex.
cedng eco second subsequent offence ana
every SET attempted TO be SET In contaventon OK
any such bylaw may seized and destroyed or otherwise
disposed OF as In the sixth section Of this act mentioned