Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-07
TWO CENTS.
THE BERING SEA CASE.
Brief Sketch of the Condition OF Things and
How 1t Was Led Up TO.

WHAT HAS FORMERLY BEEN CLAIMED BY TIE |
UNITED STATES AND By GREAT BRrrAIN-ARaU- /
MENrs THAT HAVE BEEN MADE ON BOTH SIDES
NO NEW DEVELOPMENTS TO-DAY.
The Bering sea situation at the present time |
Is regarded as almost precisely what it was |
prior to the agreement upon the modus vivendi |
Of year ago. 1t was fixed upon then so !ate |
in the season as to be practically ineffective |
and the impression prevails that Great Britain |
now is pursuing dilatory tactics with the same
end in view.
The treaty signed by Sir Julian Pauncefote
and Mr.. Blaine a week ago will probably 60 to
the Senate early this week. This provides for
the submission of the points at issue TO q CON-
mission Of arbitration consisting Of seven mem
bers, two to be appointed by Great Britain,
two by this country and the remaining three
by neutral foreign governments. This treaty,
however, is coupled with a refusal on the part
Of the British representative TO agree TO q
renewal Of the modus vivendi. stated in
The STAR last week, though he agrees
to the establishment of a closed zone
Of thirty miles around the Pribylov Islands,
hampered still further by the restriction that
within this zone the catch of seals by the
United States, whose jurisdiction over the
islands is not questioned, shall be limited to
$4,000. The laws of the United States as to the
killing of seals restrict it to the killing Of male
seals only.
This is Of course not adhered to by the poach-
ers, and the argument is brought forward now
that if the is to be an open one for indis-
crminate sealing it would be only fair TO allow
the United States at least equal rights and not
to allow the poachers all the benefit Inss-
much as large share Of the profits Of the seal
ing industry goes to Great Britain any
how, as all the skins are cured and
dressed in England, it is rather difficult
to see why that country should insist upon a
course that il followed out must necessarily
lead to the determination Of the seals. What
the United States wants above all else are such
restrictions upon the seal fishery as will pre-
vent such an unfortunate result For this
sired, in order that when the whole matter
comes up for arbitration there may be some
thing left to arbitrate upon.
RUssIA's FORMER CLAIM.
The whole trouble as to Jurisdiction over
Bering sea is one Of long standing. In Sep
tember, 1921, before the transfer Of the Alaskan
territory to the United States, the Russian gov
ernment issued a ukase in which were the fol-
lowing provisions:
l. The pursuits OF commerce, whaling and
fishing and of all other industry, on all islands,
ports and CULTS, including the whole Of the
northwest coast of America, beginning from
Behring'S strait to the ffty-first degree of north
ern latitude; also from the Aleutlan Islands to
the eastern coast of Siberia, as well as along
the Kurile Islands from Bering's strait to the
of fha Tsla Of vic 10
so northern latitude, are exclusively granted
to Russian subjects.
2. 1t is therefore prohibited to all foreign
vessels not only to land on the coasts and
islands belonging to Russia, stated above,
but also to approach them within less than
100 Italian miles. The transgressor's vessel is
subject to confscation, along with the whole
cargo
Bp this ukase the exclusive dominion claimed
by Russia on the American continent was
pushed some $50 miles to the south, ss far rs
Vancouver Island.
Upon receiving communication Of the ukase
the British am United States governments at
once objected to the extension Of the terri
torial claim and to the assertion Of maritime
jurisdiction. In view Of this fact IL has been
claimed that the position Of the United States
was untenable in holding that Bering sea is .
closed sea.
THIS GOVERNMENTS CLAIMS.
In letter from Secretary Blaine to the Brit
ish minister, dated December IL, 1890, is an in
terestins paragraph bearing upon this very
point. 1t is as follows:
The repeated assertions that the govern
ment of the United States demands that
the Bering sea be pronounced mare
clausum are without foundation. The
government has never claimed it and never de-
sired it. texpressy disavows II. At the same
time the United States does not lack abundant
authority, according to the ablest exponents Of
international law, for holding a small section
of the Bering sea for the protection of the
fur seals. Controlling a comparatively re-
stricted area of water for that one
specific purpose is by means the equiva-
lent OF declaring the sea, or any part thereof,
mare clausunl. Nor is it by any means
serious obstruction Great Britain
sumed to make in the south Atlantic nor 30
groundless an interference with the common
law of the sea as is maintained by British au-
thority today in the Indian ocean"
WHAT THE UNITED STATES DESIRES.
At an earlier point in the same letter Secre-
tary Blaine wrote as follows: "The United
States desires only such control over a limited
extent of the waters in the Bering sea, for q
part of each year. as will be sufficient to insure
the protection of the fur seal fisheries, already
injured, possibly to an irreparable extent,
by the intrusion Of Canadian vessels,
sailing with the encouragement of Great
Britain ana protected py net nag. lne graVeet
wrong Is committed when las in many in
stances is the case) American citizens, refns-
ing obedience to the laws of their own coun-
try, have gone into partnership with the
British flag and engaged in the destruction Of
the seal fisheries which belong to the United
States. So general, SO notorious and
70 shamelessly avowed has this practice
become that last season, according to the re-
port Of the American consul at Victoria, when
the intruders assembled at Ounalaska on the
Fourth Of July. previous to entering Bering
sea, tie day was celebrated in patriotic and
spirited manner by the American citizens, who
at the time were protected by the British Gag
in their violation Of the laws Of their own
country"
LORD sALIsBuRY's ABSURD SUGGESTION.
The suggestion made by Lord Salisbury ss to
the establishment Of . zone around Pribylov
Islands, within which the fisheries shall be re-
stricted, is regarded by the State Department