New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-31
BEHRING SEA CASES SENT IN
THE SENATE GETS THE DOCUMENTS on
BOTH SIDES OF THE DISPUTE.
SUMMARY OF THE CLAIMS OF THE UNITED
STATES AND ENGLAND CONTAINED IN
MANY BULKY VOLUMES.

der the treaty to arbitrate the 3chring Sea diff
fcultee between the two countries. stimuli
tsneously sent to the United States Senate to-
day. and also made public by TRANSMISSION IL
the Houses OF Parliament in London.
They comprised altogether fourteen volumes OF
printed matter. being about equally divided in
bulk The case and counter for the United
States was prepared by J. w. Foster, cX-Secrctsry
of State assisted by Alex Porter Morse, of this
city; Mr.. Coudert, of New-iOrk, 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 Commls
sion which investigated this subject Of seal lie
under the treaty. 1t also included dlploniati'
correspondence on the general subject, anu 'he
evidence secured By the Behring Sea Seal Com
mission. The summary o; the claims made ior
the United States is follows:
That nror and up to the time Of cession Of Alaska
IN the United States Russia asserted and exercised an w
o ,.ht IN tho s~al fisheries IN waters OF Behrlne
Sra and also asserted and exercised throughout hc ea
the right TO prevent by the employment wheh VI
reasonable force any invasion OF such exclusive ns"
That Great Britain. not having at any time fes's" "
objected such assertions OF exclusive iis' of %.
etcise Of such power be deemed as haNhg 'coos
nizcd and as-entcd TO the same.
That The body Of as the Behfine sea was
inclu
r.,,v Of 1926 between Great Britain and Russia aud h't
aid treaty and down TO time Of the cessioh 10
the United States Russia continued 70 assert INV ~
exclusive rights and to exercise the same e@e'"'"o p
and authority a. above menti'n"l. d.,
That all the rights Of Russia in respect Z" une su "'
, an u.brnx sea east OF the waerboundary established
v tho treaty of March 3O 1867 between that naoh anu
the United States, and all the power ana a"'"o"
no.sessed and asserted by Russia to protect sara "s
a..ed unmpared the United states uhu'' 'n"' e','.
I,xe
,o,s, a., tho ,l,ska s,,l herd JUSTIFY the employ
,n, bv that nation upon the high seas. OF such means
as are rea>DIahi, necessary 70 prevent N' 80 =,
M ,,h n rd AMI 70 tho possession anu oee"' VI
~, am. 10 the tinted states; and that All the 'o''
an, roc.edincs Of The tinted states done ana MAJ '
,,e ,rno- Of protecting such property anu Interest," '
,u,tlnnl,c and stand Ius;ih'd; ana tnaS conn s1.'o
should be made the United states 10y "r''s i d.,
ny Inc rayrem -, the amount oi los''- u. ''o -
.,,. q, such other sum as may be deemed To b. 'u''
mn. .,ord :. D.. considered that the Cn'ted sta'e"
,,s NOT ~, property property interest assetci o'
them IL b. then decford to be the ih"'ni'o"'' u" W
,,lea, Britain concur with thr 'h"u ''
,iout.on ard enforcement against uc '.u1c"' :. ~
,,'n urb rceull,ions to be signed ana pre- rfio'" ~
a.. a-,,,,,,ors n viii ercctually prohibit ana prevent
tho ,auture anywher, upon the high seas Oh any se'
belonging u said ALASKAN sean herd'
The case for Great Britain, a. set iorth Dy D"
Charles Tupper the British agent, was a. 'oi'o"''
Tim, D.hrine sea- TO which the question arises Is
an omen SEA ia which all nations OF the worio nave ~
rlsht 10 navigate and Ash. and that he ien'' VI -,
tlon aad fishing csnno. oe taken away OF 'cS"'. -.
mere declaration claim of any one OF n's NOR 49, ,..
AZ. natural rights and exist TO their iuii eN''n' ~
~n.,,ocauv modified controlled or Limited by ucaV'
Th,. bc mere non.usc absence of exercise h'' az,
escc. upon nor eau I, in any way impair OF l"s
,,&,,1 Of nations 10 the open seas. ihey "r' s'""'
rights Of all mankind. ,,,. ,, :, m, OK.
avrl,t
:, ,n.ss r,snts the subjects and vessels oil ''io"'
oa,oos did from the earliest times WISH eNpo'c' =,
and trade IN the sea In question anu ''i'' Wv -, 4,
,.... natural rights continued without any s'''"p III"
,.n.. or conttol by Russia down 10 the year i'-i'
rh,, :, ls,, when Russia did attempt oy nka'e' -
-, ascl,,atton TO close to other nations the "'''
-, g,c,, mart OF the Pacific Ocean 'heinu'he ne"''e
sea, ,;rcat Britain and the CItTd S's"s '', , .,,
,.s,ea against any such attempted ihterefeh'o' o f.,
~. ,hs ,b.olu,e right OF nations TO ne'lSae anu u" "
Tvs ,,,,,o,ai water, Of Pehring sea ana other hoi'
,..,o, waters OF the Pacihc ocean 49,
c.un,r,e, asserted that th"-e rights "e'' '' 80
,i,,,. and could not be taken away OF h,''''u ~
r's"o'' " 80 decla,a,lon or otherwise than by uea'y'
tn, T., the wears Is24.25. In con'efue"'' VI ,. 49,
Ina' - ~ n,eo,dl,ioralIy withdiev her ?eteh'ioas
p, ',a, ,r.,,lss With Great Britain ana the '"'7'
s,.,os which recognized the rights common. " M ~
,.c,. ~ those countries 20 naNia''e 'nu -" -, a., =,
territorial waters OF the seas o'o' "
tenpred 10 assert such pTetensohs' 49, . ,,o vc,r
hat nm L.a
- '' nth vear portion OF the territory "hen h''
.oen referred 70 In and affected BY the uh"'' ,,t,d
In the year 1921 purchased ov anu ou , " ~ r NV
VI ' -. yc.sols Of several nations continued year oS
o.r g., latcey increasing humbers' 10 "'.'s'' -,
''a', " - ..,.,s AZ the Iehrng sea- and that dufihs
W.. no, q, that period of nsaiiy ihu years 'he'e w
,,.,c of any attempt on the part OF h'sN's - ,,
lain any dominion or jurisdiction over 'he "o' -,
water, OF that sea. but on the contrary ""e Wv"
nations to navigate, hsh anu ~
theraln was fully reco2n'hed' ,, ,r rho
rh, an the purchase and acquisition oil AasNa os ''o
,,,,,ed state, in the year of 1907 the omeu o'V
n,l,r aware and recognized that the re"'' VI ~ -,
,a,, and ash in the territorial waters "dac'n.
~ ,he,r newly acquired territory cNs'ea III "'''' '
W ut. uoIu,aired and unlimited b. any Treaty or
,,,,, whatever That from the year leo' down u Wv
,o,, 1856 the United states wmi' u"' ''"'
o,ou,lv oiled and leg-lated for the sho''S ' %
,orlal waters OF their newly ACQUIRED ''""'' a,nor
,n, q, restrict OF interfere with the rights OF o'"r
10 navigate and fish In the nontefrltDtai waters
~ uchrIor sea or other parts OF .he Paeihc ocea''
That under changed conditions oil erfi'or'"' oM"',
sbip and In view OF certain new cifc""'s""
had arisen In coa6equence OF the grown OF th
Of peiaglc sealInr in non'terror's water. ue o,a,m.
states reverted In dhc nrst Instance to certain ose
h..oa ,,o, those OF Russian ukase OF ioZi "hc"
,he United states. together with "teat n'''a''. ''
successfully contested at the time "' "e" p- 49,,
,,on hut IA the course OF the DISCUSSIONS VIM" INV"
90, those exceptional claims 20 the contoi OF ho"
,,ers were dropped and In their place VARIOUS
and indefinite claims nave oeeh p"'
ward which oppe,r be based upon an alleged prop
efty in fur seals IA such' -. A.,
Ir,,,,y that while Great Britain has FROM the hfst
,a,nou.y and consistently opposed all the fofeRomq
.xeeponai petensoas and claims che ha' ,hrouthou'
,a., f,yorably dmposed 10 the adopuoh u te"c'"'
\, control OF the fur seal fishery should the'e
~ ,ound 20 be Necessary desirable VITA view 10 ne
no.e,on Of the for seals. provided that sueh measures
" .ou,,.ble and framed Just giouno> OF common
,n.s, and that the sdhesion OF other Powers be Sc
~ =. guarantee OF their continued and impartial
execution.
IN the counter.case the counsel for Great Britain
,rco, Of the property claim set up by the United
States. and say Z" the laws OF natural history ana
tho oommon interests OF mankind have, it is sub
,ni,ted no bearing upon,> or relevance, in connec-
,,or with the question as TO the right of protec-
ton or property claimed BY the United States. to
tho exclusion Of tie other nations"
upon the. subject Of the regulations III any
which are necessary, and the waters over which the