The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-03-31
THE SEAL CONTROVERSY.
Uncle Sans Claims to the Behring
Sea Fisheries.
THE DOCUMENTS MADE PUBLIC;

The United States Have Such q Property
Interest in the Alaskan Seal Herd as
to Justify Extreme Measures to Prevent
Their Destruction.
WASHINGTON, March 31.--The cases and
counter cases of the United States and
Great Britain under the treaty to arbitrate
the Behriny sea difficulties between the
two countries were simultaneously sent to
the United States senate yesterday and
also made public by transmission to the
houses of parliament in London.
They comprise altogether fourteen vol
umes of printed matter being about
equally divided in bulk. The case and
counter case for the United States was
prepared by Hon. J. w. Foster, ex-secre-
tary of state, assisted by Mr.. Alex. Porter
Morse, of this city; Mr.. Coudert, of New
York, and others, and with the argument
of counsel and accompanying documents
made six volumes. Two of these were
portfolios of maps and photographs OF the
seal rookeries taken by the United States
commission which investigated the subject
of seal life under the treaty. 1t also in
cluded diplomatic correspondence on the
general subject, and the evidence secured
by the Behring sea seal commission. The
summary of the claims made for the
United States is as follows:
That prior and up to the time of the
cession of Alaska to the United States,
Russia asserted and exercised an exclusive
right to the seal fisheries in the waters Of
Behring sea, and also asserted and exer.
cised throughout that sea the right to pre-
vent, by employment when necessary OF
reasonable force, any invasion OF such ex-
elusive rights.
That Great Britain, not having at any
time resisted or objected to such asser-
tions of exclusive right, or the exercise of
such power, is to be deemed as having
recognized and assented to the same.
That the body of water now known as
the Behring sea was not included in the
phrase Pacific ocean," as used in the
treaty of 1925 between Great Britain and
Russia, and that after said treaty, and
down to the time of the cession to the
| United States, Russia continued to assert
| tn same exclusive rights and to exercise
| the same exclusive power and authority
| as above mentioned.
That all the rights of Russia In respect
| to the seal fisheries in Behring sea east Of
| the water boundary established by the
treaty of March 80, 1867, between that
| nation and the United States, and all the
power and authority possessed and as.
serted by Russia to protect said rights
1 NNs'sS-
under that treaty.
That the United States have such prop
ef5y and interest In the Alaskan seal herd
as to justify the employment by that ma
tion of such means as are reasonably neces
sary to prevent the destruction of sucf
herd and to secure the possession and ben
fit of the same to the United States.
That should 1t be considered that thu
United States have not the full property
or property interest asserted by them, 1t b'
then dscreed to be the international duty
of Great Britain to concur with the United
States in the adoption and enforcement
against the citizens of either nation of sucl
regulations as will effectualy prohibit ant
| prevent the capture anywhere upon th
high seas of any seals belonging to sait
herd.
The case for Great Britain as set fortl
by Sir Charles Tupper, the British agent
makes the claim that the Behring sea is al
open sea in which all nations of the worl'
have the right to navigate and fish, an
that the rights of navigation and fishin
cannot be taken away or restricted by tn
mere declaration or claim Of any one G
more nations. They are natural rights
and exist to their full extent unless sp'
officially modified, controlled or limited b
treaty That no mere nom user or absenc
of exercise has any effect upon nor can
in any way impair or limit such rights {
nations in tho open seas They are con
mon rights of all mankind.
Both parties file claims for damages til
United States for losses to its revenue an
on account OF the losses to the Alaska
Commercial company because of the r
duced number of skins taken, owing
the diminution of the herd by the pelag
sealing of British vessels, and Gree
Rritatu n account of losses to the owne
Of the vessels seized by the United State