The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-12-07
NEW VIEW OF THE oKnoTsK CASE.
Tho True Explanation OF Russia's Release
of the American Whaling Bark.

of the American Whaling Bnrk.
WASHINGTON. Dec. 6.-Ths report just re-
ceived by the Government from Commander
C. V. Gridley OF the corvette Marion throws a
new light on the recent seizure OF the New
Bedford whaler. tho Cane Horn Pigeon. and
even seems to denote that Russia. in place OF
| being ranged against our Government in the
seal controversy. is really supporting our side
OF it. Undoubtedly she no longer holds tho
! view that the Okhotsk is a closed sea. and
| may therefore presumably be supposed to
have abandoned also her ancient view OF
| Behring Sea. as it appears in the much-quoted
| diplomatic correspondence OF Secretary John
Quincy Adams and Mr. Poletica But in the
position Of our Goverpment. that tho pscuiari
ties OF the fur seals REQUIRE protecting luris-
breeding places, many times exceeding tho
IT snonld be explained to begin with: that
harnor. Hence the American war vessel.
whaler. was able TO observe all that went on.
II appears that the bark had been CAPTURED
e%bsS Sy m,ss .nS De tns Egrs miles s pSn
Saghalien Island the nearest Russ i'm posses
sion. But the main point is that she was not
captured as a whaler. but on suspicion of being
SculIen OF the Pigeon shows that his vessel
lights were displayed. and that not far distant
were vessels engaged III sealing. Ana again.
port wa. S dSe
it appears. simply to n" fact that she was
| no apparatus for taking seais She was a
Whaler. and Russia only requires that foreign
whaiers in the okhotsS S.a shall keep out OF
Ts sson ase hs
as the account runs. no penalty or rensurs
seizure He had committed an error of judg
ment, but even the master Of the Pigeon spoke
sealsrs who were in that ,neighborhood He
h- Il sanr n sS na
| them to be those OF a certain whaling and seal
ipG .ehooner yhGh he wanted Tn to speak he
Scotia sealing schooner WHICH had shortly, be-
Ivy The RUSSIAN rruiser Vitiaz and was thnn On
tile way to Iladivos,ok with prize crew.
that Russia h"i let our s Government in the the
| lurrh Her abandonment of the closed sen doc
TA {; to ir II. M S:
| Cane Horn lisror. while allowing Tor claim Tor
| damages 10 To forwarded to ST. ictsrshu'g.
claimed no marine jurisdiction beyond Ave
miles from the shore. except to pursue and
that distance. BIT the suggestion tia, tie
Only ground Of the release wa, that she was =
been n sealer she would have beon held Tor
plying her vocation even at that remote dis
asIcct Of the case. ana Puts It on ali ours 'i
! with the contention OF our Government in
BehrinG Sea.
Eussia. in othcr. words according to the in
! ferenc-s drawn from the report that comes
from the Marion. lacks M the view taken by
the seals and the utter destruction OF valua-
III" rookcries caused by pclaGi c hunting within
10 the owners OF the rooLeries to protect their
Groperty by prsyyenta!ng. nch hunting. MhetAcr
al 0EfArn IN viz
narily accepted theory is that, a. seals are
territorial lur.sliciion Of a nation into tie high
| probably is thar what would be dcsira.
| bic and eSped;rnt az International law.
Sm I Hs;F s x.s IS not only s @ Of r.
or Of Een wt rnt'fn nIf
is for tn" interest of rnnk md. In TIA" pres-rya-
lion Of these, sUimsl-; that seals, should not
| follow tho ordinary rule, but should 10 under
in. places to which they annually resort over
zones eNtendin: far hryond the marine league
Ross G a tho Fa n ST
Ss e SH ws. sy su$ IL y aa 4 sHS to
! msnt aid Id custom But orfhs Mrs;Sn So re:
the authorities show. and it must l- acknowl-
edged that a court Of Arbitration Is not !i.ely
to mass new law. IhnT.y ch 10 i'm nsrst VII,
needed. and should be made the subject Of
voluntary international agreement
liubsia however. according 10 me version
given by the Marion to the Okhetsk Sea incl
dent, is wiling to stand by III" United States
in n practical mantennnce Of N" exceptional
doctrine regarding the protection - seals.
Her example woull undoubtedly add to tho
strength ot the American ,cas., eca'ls. 1t
would show the common under standing OF the
two nations most interested In the seal hunt
ing in North Pacific waters asto what the Iaw
and international custom are lnternafional
lions to-day. and TO say that such - sanction
would not he enough to create a new rule, or
even ia make an exception to an old one. AS
against tho combustion Of some ancient pub;
Hest, is absurd It is only 70 lac regretted
countries TO the rule esta blished by the United
states and Russia for the protection Of seal
life had not been obtained before r.sort was
had to a court of arbitration to determine
what the custom and tho law OF nations ON
that ubjsct really Ara