Evening journal., 1892-03-10
THE BEHRiNG SEA FIGHT
Salisburys Reply to the Presi-
dent Anxiously Awaited.
THE PROVISIONS OF THE TREATY,

All the Questions at Issue Put In So Clear
Clear a Form That the Arbitrators
should Have No DimcuIty in Arriving
at solution Of the whole Problem.
WASHINGTON, March lO-with the trans
mission Of the recent correspondence on
Behrng sea matters to congress thereisnoth-
ing now to DO but wait for Lord Salisbury's
reply TO the note sentby President Harrison.
1t IS awaited with considerable interest, not
to say anxiety, and it is hoped that the doc
ument may be received in time for consid-
Grafton az the cabinet meeting Friday
A suggestion was made that the president
in enforcing protection adopt a shore limit
on the north Pacific coast Of fifteen miles
instead Of three miles, which is now the uni
versally recognized limit of jurisdiction.
This suggestion is based upon the principle
that country may hold jurisdiction Of so
much Of the surrounding ocean as il can
defend
But it is not probable that the president
viii initiate any such innovation upon the
established order Of things Il viii doubt
less BE- found that the United States win
rest upon its claim Of jurisdiction over the
Behring sea and 20 before the arbitratOrs
upon that unoompromised by any attempt
TO lord it over an area Of ocean not recog-
nized by the powers Of the world.
The Treaty.
The preamble to the arbitration treaty,
which was submitted to the senate by the
president recites the desire Of the govern
ments Of the United States and Great Brit
ain for an amicable settlement Of the ques-
tions arising between them concerning iur-
isdictiona rights Of the United States in
Behrng sea and also concerning the preser-
walton Of the fur seal in the sea and the
rights Of the citizens or subjects of either
country AZ regards the taking of seals IN
these waters Therefore, they have re-
solved 70 submit the questions 20 arbitra-
ton, and the plenipotentaries- Secretary
Blaine and Sir Julian Pauncefote-ha
agreed 90 the treaty The first article Of
the document recites that the questions
mentioned IN the preamble shall be sub
mitted to a tribunal of arbitration
90 be composed Of seven arbitratos
two 20 be named by the president
Of the United States, two by her Britannia
majesty the president Of the French re-
public Is V be requested TO name one, the
king Of Italy 10 name one and the king Of
Sweden and Norway toname one. The seven
arbitrators arc to be jurists OF distinguished
reputation 80 their respective countries. In
case OF the failure Of the thr last named
persons 70 designate arbitrators within two
months after request, then the vacancy is
TO be hhed IN such manner as the high con
tracing parties shall agree.
Article 2provides that the arbitrators shall
meet In Paris within twenty days after the de-
hvery.of the countercase mentioned In article
A. an questions including the final decision 10
be determined by majority Of the arbtrators.
Each of the contracting parties Is also 10 name
one uerson 10 attend the tribunal as It's agent
Article provides that the printed case Of the
two psrtioe and ali evidence shall be delivered
la duplicate 70 each Of the arbitrstors and
aEcnls within three months of the date OF the
e2e hanee oi ratification Of this treaty.
Article d provides that within three months
Following cash party may likewise deliver
counleroast anl additional evidence In reply 10
the other pa ). An additional allowance of
sixty days the may be granted upon apphca-
tiQn
Article requires the agents within one
month .sr the delivery Of countercases TO do
liver ,nted arguments 10 the arbitrators, and
cilAei party may support tho same by oral
ail Imout hy counsel
Article 9 names five points which shall be
award shall embrace a decision upon each Of
the points. The points are AZ follows;
I. What exclusive jurisdiction In the sea
known a. the Behring sea and what exclusive
rights In the seal fisheries therein did Russia
assert and exercise prior and up 10 the time Of
the cession OF Alaska to the United Statesf
q How Tar we're these claims OF jurisdiction
a. TO the seal fisheries recognized and conceded
By Great Britaini
q Was the body Of water now known as the
Behring sea included in the phrase Pacific
ocean, used in the treaty Of ISIS between
Great Britain and Russia, and what rights, II
any, In the Behring sea were held aud ex.
clusively exercised by Russia after said treaty.
Russia's Rights Our Rights.
4 Did not All the rights Of Russia as 10 juris
diction and a. 10 the seal fisheries Ina Bohring
sea east Of the water boundary, in the treaty
between the United States and Russia OF the
0th Of March. 1861, pass unimpaired to the
United States under that treaty.
s. Has the United States any right, and n So
what right Of protection Of property in the fur
seals freQuentiug the Islands Of the United
States in BehrinR sea when such seals are
found outside the ordinary three mile limiti
Article provides that II the determination
OF these questions shall leave the subject in
such position that the concurrence Of Great
Britain e necessary 20 the establishments
OF regulations for the protection OF the seal
che arbitrators shall determine what concur.
rent regulations are necessary aud over what
waters they shall extend. on which point they
may consider the report Of the joint commits.
sion. Both parties agree 10 cooperate 10 Sc
cure the adhesion Of the other powers 10 such
regulations.
Article 3 reoitos that the parties have been
unable 70 agree upon a reference OF the ques.
tion Of habhity for the injuries sustained In
connection with the claims presented. and
IN order not TO delay arbitration, they may
hereafter submit to the arbitrators any ques.
tion OF fact involve g. III claims and ask for
the findings there, .4ie question Of liability
70 be the subject Of further negotiation
Article recites the agreement by the parties
to appoint two commissioners Cwho have al
ready completed their work. 70 make the in
vestigation contemplated in Article and In
cludes the terms Of the agreement on that
point From this agreement Il appears tina,
the reports Of these commissioners are not 10 b,
made public until they shall Be submitted {,
the arbitrator
Article 10 provides that each government
shall pay the expenses Of its commissioners.
Article II stipulates that the decision Of th'
tribunal shall. If possible be made within thre,
months from the close Of argument on botl
sides.
Article y provides shat each government
shall pay its own agent and expenses OF coun
sel and the arbitrators appointed by H. Otho
Expenses are 10 be divided equally betweei
them.
Article l3 requires the arbitrat0rs 20 keep
record OF their proceedings and employ nece,
sary officers
Article "a binds the high contracting partie
70 consider the proceedings Of the tribunal a
fun. perfect and final settlement Of an IA
questions referred.
Article Is CHE lass) provides for the ratiacs