The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-03-09

- 1850
vivendi Leaves the Questions in
Dispute Where They Were Prior
20 the Beginning OF Peaceful Ne
Rotiations.
WASHINGTON, March 6.-The presi-
dent has taken the Behring sea question
in hand. Yesterday in the enforced abb
sence Of Mr.. Blaine on account Of sick
ness he had an extended interview with
Hon. John w. Foster, who has the mat
ter in charge in the state department.
Lord Saisbury's refusal to renew the
modus yivendi leaves the questions in
dispute where they were prior to June,
1890. At that time Sir Julian Paunce-
fote, the British minister to Washing
ton, stated the position Of England as
follows:
Great Britain's Position.
Her Britannia majesty's government
have learned with great concern, from
notices which have appeared in the
press, and the general accuracy of which
has been confirmed by Mr.. Blaine's
statements to the undersigned, that the
government of the United States have
issued Instructions to the revenue cruis-
ers about to be dispatched to Behring
sea, under which the vessels Of British
subjects will again be exposed, in the
prosecution Of their legitimate industry
on the high seas, to unlawful interior
ence at the hands of American officers
Her majestys government is anxious to
cooperate to the fullest extent of their
power with the government of the
United States In such measures as may
be found to be expedient for the pro-
lection of the seal fisheries. They are
at the present moment engaged in ex-
amining, In concert with the govern
ment of the United States, the best
method of arriving at an agreement
upon this point. But they cannot admit
the right Of the United States, of their
own sole motion, to restrict for this
purpose the freedom of navigation of
the Behring sea which the United States
have In former years successfully vim
Dictated, nor to enforce their municipal
legislation against British vessels on the
high seas beyond the limits of their ter
ritory or jurisdiction.
Her Majesty's Governments Protest.
Her majesty's government is therefore
unable to pass over without notice the
public announcement of an intention on
States to renew the acts of interference
with British vessels navigating outside
the territorial waters Of the United
States, of which they have previously
had to complain.
The undersigned is in consequence in
etructed to protest against such inter-
ference, and to declare that her Britanic
majesty's government must hold the
government Of the United States respon-
Sible for the consequences that may en-
sue from acts which are contrary to the
established principles Of international
s. law.
Secretary Blaine, in August, 1890, re-
plying to Lord Salisbury 5 proposition to
arbititrate, cited the questions in dis
pute. In view of the recent failure to |
reach basis for arbitration the secre- |
tary's statement is interesting as show |
ing the present position of the United |
States government on the question. It
is as follows;
Our Governments Position.
"Frst-What exclusive jurisdiction in
the sea known as 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 was these claims
Of jurisdiction as to the seal fisheries |
recognized and conceded by Great |
Britain?
.'Third-Was the body of water now |
known as the Behring sea included in |
the phrase Pacific ocean," as used in |
the treaty of 1928 between Great Britain |
and Russia, and what rights, if any, insI
the Behr1ng sea were given or conceded |
to Great Britain by the said treaty?
"Fourth-Did not all the rights of |
Russia as to jurisdiction and as to seal |
fisheries in Behring sea east of the |
water boundary, in the treaty between
the United States and Russia of March |
30, 1867, pass unimpaired to the United |
States under that treaty?
Fifth What are now the rights Of |
the United States as to the fur seal fish |
cries In the waters of Behring sea out |
side OF the ordinary territorial limits, |
whether such rights grow out of the |
cession by Russia of any special rights |
or jurisdiction held by her in such fish |
cries or in the waters of Behring sea or.
out of the ownership of the breeding |
islands and the habits of the seals in re-.
sorting thither and rearing their young |
thereon, and going out from the islands |
for food, or out of any other fact or incl |
dent connected with the relation of the |
seal fisheries to the territorial posses
sions of the United States?
''Sixth-If the determination of the |
foregoing questions shall leave the sub |
ject in such position that the concur
renee of Great Britain is necessary in |
prescribing regulations for the killing |
OF the fur seal in any part of the waters
OF Behring sea, then it shall be further |
determined:
Il. How far, if at ali, outside the ordi- |
nary territorial limits it is necessary |
that the United States should exercise |
an exclusive jurisdiction in order to pro-
fect the seal for the time living upon
the islands of the United States aud |
feeding therefrom?
-. Whether closer season during |
which the killing of seals in the waters |
OF Behring sea outside the ordinary ter
ritorial limits shall be prohibited) is nee
essary to save the-seal fishing industry. |
so valuable and important to mankind, |
from deterioration or destruction, and ii |