Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-08-16
A FEW POINTS LOST.
United States Gains by
Behring Sea Decision.
FIREARMS ARE PROHIBITED.
Interesting Statement Of Circum-
stances Leading to Arbitration.

benrlnk sea tFlDunhl OF arDltfdtlOn WAS
handed down yesterday. After n preamble
stating the case submitted for decision,
the full text of the award runs as follows:
We decide and determine as to the five
points mentioned In article as TO which our
award is to embrace distinct decision upon
each OF them.
As TO the first of said Ave points. we. Baron
dc Courcel, John NJ. Harlan, Lord Hannen,
Sir John 5. ID. Thompson, Marquis Emilio
Visconu Venosta and Gregero w. w. Cram,
being majority Of said arbitrators, do decide
as follows
BY the ukase of 1891 Russia claimed juris-
diction In the sea now known as Behring sea
10 the extent of 100 Italian miles from the
coasts and islands belonging 70 her; but In the
course of the negotiations which led to the
conclusion OF the treaty Of 1924 with the
United States and the treaty OF la23 with
Great Britain Russia admitted that her Juris-
diction In said sea should be restricted SO AZ to
reach cannon shot from shore. 1t appears
that from that time up 70 the time Of the
sion of Alaska TO the United States Russia
never asserted In fact or exercised any sxclu-
sive jurisdiction In Behring sea, or any exclu-
sivs rights TO the seal fisheries therein be-
yond the ordinary limit OF territorial waters.
As TO the second of the five points we decide
and determine that Great Britain did not
recognize or concede any claim upon the part
Of Russia TO exclusive jurisdiction as 10 the
seal fisheries In Behring sea outside the or
dinary territorial waters.
A Much Disputed Point.
As to the third point as to so much thereof
as requires us 20 decide whether the body OF
water now known as Behring sea was included
In the phrase Pacific ocean" as used in the
treaty Of lS25 between Great Britain and
Russia, we unanimously decide TO determine
that the body of water now known as Behring
nAl. l.IA In thA .hr.a. ID. ..tG a.,
ocean" as used in said treaty.
On the fourth point we decide and deter
mine that all the rights of Russia TO jurisdic-
ton and to the seal fisheries passed to the
United States limited by the cession.
On the fifth point we decide and determine
that the United States have no right TO t.,
protection of or property In the seals fr,-
quenting the islands of the United States in
Behring sea when found outside the ordinary
three-mile limit.
This last decision was made by arbitra-
tors John T. Morgan, Baron de Courcel,
Marquis Visconti Venosta and Judge
Cram: Lord Hannen, John M. Harlan and
Sir John Thompson dissenting.
A close season is established, to begin
May and to continue until July 81. This
close season shall be observed both in the
North Pacific and In the Bebring sea.
A protected zone Is esta blished, extend
ing for 80 miles around the islands.
Pelagic sealing 10 allowed outside the
zone In Behring sea from Aug. l.
The use Of firearms In sealing Is prohib-
tied.
The American arbitrators have expressed
their satisfaction with the text of the de-
cision. They believe that the regulations
decided upon by the tribunal mean prac-
tically the end Of pelagic sealing and that
they are better terms than were heretofore
offered to the United States by Great
Britain as a settlement of the questions
involved.
History of the Case.
The differences In connection with the
seal fisheries between the United States
and Great Britain resulted In an agree
ment between. the two countries for the
appointment of joint high commission
which should settle finally the matter in
dispute Considerable delay took place in
signing the treaty for joint commission,
and 1t was not until Feb. 20, 1892, that it
was formally signed, but 1t was not rati-
fled by the United States senate until
month later. The joint commission spent
several months in Behring sea gathering
all the information possible to bear on the
proposed arbitration. The report of the
commission was not satisfactory, and no
agreement between the two countries was
arrived at. 1t was shown, however, that
since Alaska came into the possession Of
the United States the number Of seals had
gradually diminished, and this decrease
was shown to be due to the destruction of
the animals by sealers
There was a disagreement as to the
source of this destruction, the United
States commissioners charging 1t to the
deep-sea killing carried on by Canadian
sealers, while the British representatives
attributed 1t to the killing Of seals permit
ted under contract by the United States
treasury. On the Goth of February, 1892,
a treaty was signed In Washington by Mr.
Blaine on the part of the United States
and Sir Julian Pauncefote on the part of
Great Britain, by which the whole con-
troversy was relegated to an international
arbitration commission to be composed of
seven members. The points to be summit
ted to arbitration were set out in the sixth
article Of the treaty as follows:
The Stumbling Block.
!. What exclusive Jurisdiction In the sea
known as the 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 tie United States?
2. How far were these claims OF jurisdiction
as to the seal fisheries recognized and conceded
by Great Britain?
3. Was the body of water now known as
Behring sea included In the phrase "Pscific
Ocean" as used in the treaty of 1895 between
Great Britain and Russia, and what rights, IL
any, In Behring sea were held and exclusively
exercised by Russia after said treaty.
l. Did not all the rights Of Russia rs to
Jurisdiction and as TO the seal fisheries In
Behring sea east of the water boundary, in
the treaty between the United States and
Russia Of the 3th of March, 1857, pass unim-
paired TO the United States under the treaty.
8. Has the United States any right, and IL
20 what right, of protection Of property in the
fur seals frequenting the islands Of the United
States In Behring sea when such seals are
found outside the ordinary three-mile limit?
These points were TO be decided by seven
hrbitrators, two to be named by the presi-
dent, two by The queen, one by the presi-
dent OF the French republic and one each
by the king Of Italy and the king Of
Sweden and were to meet In Paris
The question of amages was settled to
the satisfaction of 10th governments, and
on the 18th of April Secretary Blaine and
Sir Julian Pauncefote concluded new
modus vivendi providing for close sea-
son, as did that of 1891, but including the
agreements as to damages, and IL was sent
to the senate April 10, 1892.
Briefly stated, these articles prohibit the
British and Americans from seal killing
in Behring sea and islands, save 1000 seals
TO be taken on the islands for the subsist-
encs OF the natives during the arbitration,
provide for the seizure OF offending vessels
Ths Only -Ksr