Waterbury evening Democrat., 1893-08-16
PROTECTION OF SEALS
Assured by the Behring Sea Ar
bitrators' Decision.
FOSTER TALKS OF THE VERDICT.


Miles Wide to he Protected-F1eet VIII
Probably BE withdrawn Now.
| WASHINGTON, Aug. 16.-The unfavorable
decision of the Behring sea arbitrator
rivals in interest today even the all per-
| vading silver question. Secretary Gresham
was asked to give an expression of opinion
| on the decision, but this he declined to do,
holding that it would not be proper for
him to comment on the matter Mr.
Gresham communicated the news to Pres
ident Cleveland at Gray Gables and also
had long conference with Secretary Car
Isle, presumably with reference to future
action concerning the maintenance of a
fleet in Behring sea.
At present the United States has five
vessels in that sea, with instructions to
prevent poaching during the tendency OF
the arbitration proceedings. While it is
too early yet to say what will be done with
this feet, it is probable that all the vessels
comprising it will be withdrawn with the
exception of one of the revenue cutters,
which will be used in maintaining the pro-
tective zone of 60 miles about the sealing
islands of the United States in accordance
with the decision of the arbitrator.
Foster on the Decision.
In an interview cabled from Paris, the
Hon. John w Foster, American agent to
the Behring sea tribunal of arbitration,
said that he thought that the restrictions
would render the pelagic industry unproflt-
able. The provision for a close season will
not only prevent pelagic hunting during
| three out OF the four months when it can
be said to be very profitable, but it will
break the sealing season.
| The two forces of sealers suspend opera
tions during the best part of the summer
1t leaves the right to hunt seals in the
north Pacific from January to May The
weather during three-fourths of that period
| is very unfavorable, and the catches then
made are always small. 1t also leaves the
| right to hunt seals in part of Behring sea
| after July, which means for a period of
| about 25 days, after the expiration OF
which rough weather compels the hunters
| to leave.
| Mr.. Foster added: True, the United
States have not obtained all they contend
ed for, since they demanded the total pro
hioition OF pelagic sealing. but the regula-
tons now made are much better than those
Mr.. Blaine vainly offered to Lord Salisbury
/ In 1890 as a settlement.
Mr.. Blaine then proposed as the sole
restriction of pelagic sealing to prohibit it
within 90 miles of the Pribyloff islands.
| 4AC PLSSSnl SSlllcL1SuI Is also more aQVan-
| tageous than the one proposed by Mr. Bay
ard in 1888, as he asked no protection for
| the seals during May and June. 1t has
since been found that the operations of the
pelagic hunters were most destructive to
pregnant seals during these two months"
The consensus of opinion among the
American agents and counsel in Paris is
| that though technical success rests with
| Great Britain on legal points, on practical
| grounds the victory is to the United States,
as the arbitration was entered upon to pre-
| serve the seals, and the decision achieves
| that result.
Text of the Decision.
The decision is as follows:
The claims made in article 4 are decided
| against the United States.
a close season is established, TO begin May
| and to continue until July 81. The close season
| shall be observed both in the north Pacific
ocean and in Behring sea
A protected zone is established extending for
| 60 miles around the islands.
| Pelagic sealing is allowed outside the zone in
| Behring from Aug. l.
| The use of firearms in scaling is prohibited.
After preamble stating the case sub
| mitted for decision the full text of the
| award runs as follows:
| We decide and determine to the five points
| mentioned in article I. as to which our award
is to embrace distinct decision upon each of
| them.
| As to the first of said five points. we. Baron
| de Courcel. John NJ. Harlan. Lord Hammer. Sir
/ John 5. D. Thompson Marquis Emile Tisconti
Venosta and Grcgoro w. ". Gram. being a
| majority Of sud arbitrator. do decide as fol-
| lows
By the uka@uf lSel Russia claimed jurisdic-
| ton in the SEA now known Behring sea TO
| the extent of lOJ Italian miles from the coasts
and islands belonging to her, but in the course
| of the negotiations which led to the conclusion
| OF the treaty Of lNsI with the United States and
| tho treaty of lSs5 with Great Britain, Russia
aHT fNfsI hat hAri iris lotto, in
should be restricted so as to reach cannon
| shot from shore.
1t appears that from that time up to the time
| of the cession of Alaska to the United States
| Russia never asserted in fact or exercised any
| exclusive Jurisdiction in Behring sea or any ex-
| elusive rights in the seal fisheries therein be-
yond the ordinary limit Of territorial waters
Exclusive Jurisdiction Denied.
As to the second of the ave points, we, Baron
de Courcel, John NJ. Harlan, Lord Hannsn Sir
John $. d. Thompson. Marquis Emile viscon-
| ii NenOsta and GreSoro w. w. Gram, being a
majority of said arbitrator, decide and deter
mine that Great Britain did not recognize or
concede any claim upon the part of Russia to
exclusive jurisdiction to the seal fisheries in
Behring sea outside the ordinary territorial
waters.
As to the third point as to so much thereof
as requires us to decide whether the body of
water now known as Behring sea was included
in the phrase Pacific ocean" as used il the
treaty OF 1875 between Great Britain and Rus
STA, We unanimously decided to determine that
the body of water now known Behring sea
was included in the phrase Pacific ocean" as
used in said treaty.
On the fourth point we decide and determine
that all the rights OF Russia to jurisdiction 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 the pro-
lection OF or property in the seals frequenting
the islands of the United States in BehrinR sea
when found outside the three mile limit.
I
tors John 7. Morgan, Baron de Courcel,
Marquis Visconti Venosta and Judge
Gram, Lord Hammer, John NJ Harlan and
Sir John Thompson dissenting.
The following regulations were adopted
by majority of the arbitrators, Mr.. Har-
Ian and Sir John Thompson dissenting:
Article Tho United States and Great Brit
ain shall forbid their citizens and subjects re-
spectively to kill, capture or pursue at any time
or in any manner whatever the animals COM
I No. n H.