The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-08-16

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United States. Russia either assorted or ex-
erclsed exclusive jurisdiction in Behring Sea,
or any exclusive rights to the seal fisheries
therein. beyond the ordinary (thro0mile)
limit OF territorial waters. Upon the second
point which our counsel were ordered to
maintain. namely. that Russias claim OF
jurisdiction as to the seal fisheries had been
recognized and conceded by Great Britain.
the arbitrators. again including JOHN M.
HARLAN. hold that Great Britain had never
recognized or conceded any such claim on
tho part OF Russia. The third point which our
counsel were directed to contend for was
that the body Of water now known as Beh-
ring Sea was not included In the phrase
Pacific Ocean," as used In the treaty OF
1875 between Great Britain and Russia. tho
desired inference being that the body OF
water mentioned, II not included In tho
phrase quoted. was regarded as mare
cldusum under Russia's exclusive jurisdic-
ton. Here both OF tho American arbi-
traitors concurred with all their colleagues
In declaring that Behring Sea was included
In tho phrase Pacific Ocean" as used in
the treaty referred to. On the other hand.
the arbitrators returned perfunctory
answer In the Affirmative to the superflu-
GUS fourth question, whether such rights
as Russia had in regard to jurisdiction
and the seal flsheries east OF the
water boundary between the United
States and Russia fixed by the treaty OF
March 80. 1867. passed unimpnired to the
United States on the cession OF Alaska. No
body ever denied that they so passed; but
Russia could give no more than she pos
sessed. and. as she never had any rights as to
Jurisdiction and the seal fisheries outside OF
the ordinary three-mile limit, none OF course
could pass to the United States. The four
preceding points having been thus settled.
1t was purely work of supererogation for
the majority OF the arbitrators. including
JOHN L. MORGAN. ono Of tho American men,
bers OF tho Board. to respond In the mega
tive to the fifth and final inquiry. whether
the United States had any right to the pro-
lection Of the seals. or any right OF property
In them. when the same were found outside
the three-mile limit.
So far, then, as the case made by our
State Department is concerned. 1t met with
deserved and derisory collapse before the
Board OF Arbitration. But the protection OF
the fur seals. which the arbitrators deny the
right OF the United States to give. and for
giving which We must pay damages to
the owners OF seized Canadian ves-
sells, will henceforth be assured to
tho animals by virtue Of decree
OF the international tribunal. Hereafter
neither American citizcns nor subjects Of
Great Britain can kill or take fur seals
within zone Of sixty miles around the
Pribylov Islands. Moreover. beyond this
zone. and in any part Of the Pacific Ocean
INCLUDING Behring Seal north Of the
thirty-fifth degree Of latitude. and east
Of Russia's water boundary. neither
Americans nor Englishmen can kill or
take fur seals during the months OF
May. June. and July Of every year. Nor
is this all. Outside Of the close period thus
fixed. and beyond the protected zone OF
sixty miles. only sailing vessels specially
licensed can take parti sealing operations.
and neither nets. explosives. nor firearms
can be used. except that during the open
season shotguns may be employed In fish
ing outside OF Behring Sea.
We repeat the statement with which we
began. that the arbitrators have taken
measures to fulfil the humanitarian pur-
pose of safeguarding seal life, which. how
ever. was VIGOROUSLY nothing but pretext
In tho mouth Of the Alaska trading COM
pany. AS to Mr.. BLAINE's claims Of ex-
elusive jurisdiction or Of special rights Of
property in the seal fisheries. these are
treated with the contempt that they de-
served.