Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-08-15
Mr.. FOSTER CABLES
The News Of the Paris Decision as
Received Here.
CABINET OFFICERS CONFER.
The President Informed of the
Result.
VIEWS OF THE DECISION.
lBINET OFFICERS CONFER.
VIEWS OF THE DECISION.

Secretary Gresham received two cable
messages today from Agent John w. Fos-
ter at Paris in regard to the result Of the
Bering sea arbitration. So much Of them
as he was willing to give out reads as
follows:
decision OF Bering sea tribunal rendered
this morning. Article six decided agaiEst
the United States. Provision made for close
season, both in Pacific and Bering seas
from May to July 81. and for establish
ment of a protective zone Of sixty miles
around islands Allows sealing outside Of
zone from August l. Regulations prohibit
tne use OF steam vessels. rifles or nets in
pelag1c sealing and restricts sealing to ex-
pertS. Every five years these regulations
are to be submitted for such modification
as experience has shown to be necessary.
The various governments will be recon-
mended to suspend absolutely all taking Of
seals Tor three years. American arbitra-
tors satisfied with decision"
American Claims Not Granted.
Article of the treaty referred to in cable
gram, and which was decided against the
United States. is as follows:
In deciding the matters submitted to the
arbitrators. 1t is agreed that the following
five points shall be submitted to them in
order that their award shall embrace a dis
tinct decision upon each Of said five points.
to wit:
1. What exclusive Jurisdiction in the sea
exclusive rights in the seal fisheries therein
did Russia assert and exercise prior and up
to the time of the cession of Alaska to the
United States?
2. How far were these claims Of jurisdic-
ton as to the seal fisheries recognized and
conceded by Great Britain?
8. Was the body of water now known
as the Behring's Sea included in the phrase
Pacific Ocean, as used in the treaty OF
1S25 between Great Britain and Russia:
and what rights. II any. in the Behring's 5
Sea were held and exclusively exercised by
Russia after said treaty?
A v1af Stel<N
Jurisdiction and to the seal fisheries in
Behring'S Sea east of the water boundary,
in the tr treaty between @ the United ed States
treaty?
5. Has the United States any righr. and
II so, what right of protection or property
In the fur seals frequenting the islands of
the United States In Behrins Sea when
such seals are found outside the ordinary
BeginninR of the Controversy.
Since the year 1867 the Treasury Depart
ment has every year. with single excep-
ton, sent one or more revenue cutters to
Bering sea for the purpose of guarding the
interests Of the United States centered
there. including the protection of the fur
seals, against infractions Of the law relating
to them. and that this law was not regarded
as dead letter Is attested by the fact
that In 1856. prior to which time vessels had
not entered Bering sea in any number for
seized in those waters four vessels, three
OF them British, while in the following
year there were seized fifteen vessels, Of
which six were British. the foregoing yes
sells. with single exception, being found
at distance greater than three miles from
In 1855 unofficial assurances were given TO
the British government that no seizures
would be made. for at that time negotiations
were being carried on looking to an amic-
able adjustment of the points at issue with
regard to Bering sea.
The Act of March 1850.
By the act of March 3, 1889. Congress in
effect ratified the Interpretation heretofore
made by the executive as to the boundary
OF the United States In Bering sea. as well
as the seizures of vessels made under its
orders in the years 1SSS-lS37. This is con-
ceded from the language of the act and the
preceding debates. Its third section is as
Sec 8. That section nineteen hundred
and ffty-six of the Revised Statutes of the
United States is hereby declared TO include
and apply to all the dominion Of the United
States in the waters of Berng sea- and it
shall be the duty of the President, at O.
timely season In each year, to issue his
proclamation and cause the same TO be pub
hsne1 in one month in at least one news
paper IL any such there be published at
each United States port OF entry on the Pa
n en,c coast. warning all persons against
iatlng the provisions of said section, AMI he
snail also cause one or more vessels of the
wdters and arrest all persons and seize all
vessels found to be. or to have been en-
gagged in any violation of the laws of the
United States therein
Seizures subsequently Made.
Annually since the enactment of this law
the President of the United States has is
sued his proclamation accordingly, and in
the year 1889 the revenue cutters again
seized vessels disregarding it's provisions,
capturing in ali six, five of which were
British.
In the month of June. 1891, the United
states and Great Britain agreed upon the
mcdus vivendi, under the terms of which
both governments undertook to protect seal
life in the waters of Bering Sea, and in
May. 1892 and 1898, this modus was renewed
for the season.
1t is asserted that the United States
courts, whenever the question has come up
before them, have refused to interfere with
the executive branch of the government
In its Interpretation Of the treaty of 1867
the basis of what the United States ac-
puird by this treaty.
The question as to the legality Of the
seizures of British vessels within the east
ern portion of Bering sea, outsla Of the
three-Inile limit. came up for decision be-
fore Judge Dawson of the United States
court for the district of Alaska He sus-
tained the action of the United States.
Mr.. Fosters Contention.
In his case for the United States Agent
Foster said: THE foregoing references are
made in order to show. first. the under
standing which existed in the United
States at the time of the purchase and ces-
sion of Alaska as to the scope and effect
OF the jurisdiction exercised by Russia over
the waters of Bering sea and the enhanced
value which was thereby placed on the fur
seal herd of the Pribylof Islands, and
second. that the United STATES has since
the purchase continued to exercise the
same Jurisdiction for the purpose of pro-
tecting the herd
But in determining what right of pro-
lection or property this government has
in the fur seals frequent ting the islands OF
the United States in Bering Sea when such
seals are found outside of the ordinary
three-mile limit it is not compelled neither
does 1t intend to rest it's case altogether
upon the jurisdiction over Beriny Sea- es-
tablished or exercised by Russia prior and
up to the time of the cession of Alaska.
1t asserts that quite Independently of
ton and property in the fur seals fire.
quenting the Pribilof Islands when found
outside the ordinary three-miie limit, and
1T bases this right upon the established
principles of the common and the civil law
upon the practice of nations, upon the laws
of natural history and upon the common
interests of mankind"
The Protection of Seals.
Agent Foster concluded his argument. as
follows:
That should it be considered that the
: United States have not the full property or
property interest asserted by them, it be
then declared and decreed to be the inter-