Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-31

sesssms.ts Of This Country and E,glanA
Rrssen ted to the Senate and ParliamesG
The casss and the counter cases Of the Unitsd
States and Great Britain forming the basis al
~ Boring sea arbitration were simultansoaalyl
ssat 70 the United Bates Senate and The houses
Of parliam snt in London ysstsrday.
They comprise altogether fourteen volumes
q printed mates. TIE case and countse sass
for the United States was prepared By J.
". Foster, ex-Sscrstsry Of State, assisted BY
Alexander Porter Morse Of this city, M.
OoudsEt a New York and others.
TIE AMERICAN CASE.
The summary Of the claims made for the
United States IL 81 follows:
That up to the time Of the cession Of Alasla
to the United States Russia exercised An sxclu-
sive right to the seal fisheries in the waters of
Bering sea and exercised throughout that 50
the right to prevent any invasion Of such sx-
elusive right. Thst Great Britain, not having
~ any time resisted or objected to such asser-
tons OF exclusive right or the exercise Of such
power, Is to be deemed - having recognised
and assented to the same That the body Of
water now known the Boring seq was not in
cluded In the phrase Pacific ocean" - used in
the treaty OF 1875 between Great Britain and
Russia, and that after said treaty and down to
the time OF the csssion to the United States
rights and to exercise the same exclusive power
and authority Is above mentioned.
That all the rights Of Russia in respect to the
seal fisheries In Berfng seq passed unimpaired
to the United States under the treaty Of March
90, 1857.
PROPERTY RIGHTS IN THE SEAL HEADS.
That the United States have such q property
and interest in the Alaskan seal herd as to JUS
tify the employment by that nation, upon the
high seas, Of such means as are reasonably
necessary to prevent the destruction of such
herd. and that all the acts and proceedings Of
the United States done and had for the purpose
OF protecting such property and interest were
justifable and stand justified; and that com.
pensstion should be made to the United States
by Great Britain by the payment Of the amount
Of the losses Of the United States, or such other
sum as may be deemed to be just; or that,
should It be considered that the United States
have not the fun property or property interest
asserted by them, it be then decreed to be the
international duty Of Great Britain to concur
with the United States in the adoption and en-
forcement against the citizens of either nation
OF such regulations to be designed and pre-
scribed BY the srbitrators ~ will effectually
prohibit and prevent the capture anywhere
upon the high seas Of. any seals belonging to
the Alaskan seal herd.
ENaLAND's CASE.
The case for Great Britain, as set forth by
Sir Charles Upper. the British agent, is a.
follows: That Bering sea is an open sea in which
all nations Of the world have the right to nayi.
ga te and fish.
That no mere non-user or absence Of exer-
else has any eject upon nor can 1t In any way
impair or limit such rights Of nations in the
open seas. They are common rights Of all man
kind.
That in accordance with these principles and
in the exercise Of these rights the subjects and
vessels Of various nations did from the earliest
times visit, explore. navigate and trade in the
sea in question, and that the exercise Of these
natural rights continued without any attempted
interference or control by Russia down to the
year 1921.
That in 1891, when Russia did attempt by
nkase to close to other nations the waters Of
great part Of the Pacific ocean Gncluding Ber-
ing sea-, Great Britain and the United States
immediately protested against any such At
tempted interference, maintaining the absolute
right OF nations to navigate and fish in the nom
territorial waters Of Boring sea and other non.
territorial waters Of the Pacific ocean.
That in the years 1S24-5, in consequence Of
drew her pretensions and concluded
treaties with Great Britain and the
United States which recognized the rights
common to the subjects Of those countries to
navigate and fish In the non territorial waters
Of the seas over which Russia had attempted to
assert such pretensions.
That on the purchase and acquisition Of
Alaska by the United States in the year 1867
the United States was fully aware and recog-
nized that the rights Of other nations to uavi- |
gate and fish in the non-territorial waters ad- |
tacent to their newly acquired territory existed
in their fun natural state, unimpaired and un-
limited by any treaty or bargain whatever.
LxeIsLATfoH OF RECENT YEARS.
That from the year 1867 down to the year |
1855 the United States, while they lawfully and |
properly controlled and legslated for the shores
and territorial waters Of their newly acquired |
territory, did not attempt to restrict or inter-
fere with the rights Of other nations to nav |
igate and fish in the non-territorial waters Of |
Boring sea or other parts Of the Pacific ocean. |
Both parties file claims for damages, the |
United States for losses to its revenue and on |
account Of the losses to the Alaskan CONNER
cial Company because Of the reduced number |
OF skins taken, owing to the diminution of the /
herd by the pelagic sealing Of British vessels,
and Great Britain on account Of losses to the |
owners OF the vessels seized by the United |
States.