B

THE BEHRING SEA DISPUTE. EYOND the fact that the agents of Great Britain and the United States have exchanged statements of their respective main arguments, outside of diplomatic circles little has come to light during the quarter, bearing upon this long continued controversy. The exchange of original cases was made September 7; and the arguments thus presented to the respective Governments are now being closely studied with a view to the preparation of the counter cases, which may beexchanged before December 7 next. The arguments in behalf of the United States have been prepared under the personal supervision of Secretary Foster; and although, in accordance with diplomatic custom, their details have not been made public, they include an elaborate historical review of all the material facts connected with the early jurisdictional claims of Russia over the disputed areas, particularly those embodied in the ukase of 1821, issued by the Emperor Alexander I., asserting exclusive rights on the part of Russia, and in the correspondence resulting therefrom between Great Britain and the Government of the Czar. It is claimed that the rights of jurisdiction asserted by Russia, passed in toto to the United States under the treaty of purchase negotiated by Secretary Sew

VOL. II.-16.

ard in 1867. From the British point of view, on the other hand, the ukase of the Emperor Alexander was a mere brutum fulmen, an edict binding upon none but Russian subjects, and void of international validity. It is argued that the Russian claims were accepted by no other nation; that the United States, through Secretary Adams, protested most strongly against them, and that the Russo-American treaty of 1867 is not to be construed as an abrogation of the Russo-British treaty of 1825, which conceded to British vessels the right to navigate and "fish" in the disputed waters (see Vol. I., pp. 86–88).

It is rarely that a subject-matter of dispute so narrow in its range, offers a field for diplomatic treatment so elaborate as that which the present issues have called forth. The United States, having laid no claim that Behring Sea should be pronounced a mare clausum, the legal question in the case becomes merely one as to whether Russia succeeded in establishing any exclusive rights during the period of her ownership, and whether Great Britain, recognizing those rights, allowed them, without protest, to pass to the United States. There are, however, as we have noted in previous issues of Current History, humanitarian interests involved. These concern the right of the United States to control the waters of Behring Sea beyond the ordinary

three-mile limit, for the sake of preventing the extinction of a race of animals, and the destruction of an industry valuable to mankind. It is upon this point that the greatest stress of argument has of late been laid.

The list of British and United States representatives on the Arbitration Commission, announced in our last issue (p. 124), has been augmented by the nomination of the French and Italian arbitrators. Senator Baron de Courcelles, formerly French Ambassador at Berlin, was nominated July 17; and the Italian Senator and ExMinister, Marquis Visconti Venosta, a month later. A difference of opinion as to what should be the official language of the conference caused some delay on the part of France in making her nomination, M. Ribot, the Foreign Minister, claiming official precedence for the French tongue on such occasions; but a compromise was reached, it is announced, whereby English will be used in the discussions, while the official records and decisions will be in French.

The close season at the sealing grounds has been vigorously maintained; but, in spite of the vigilance of the authorities, considerable poaching has been carried on. The entire Canadian sealing fleet is said to number some forty-four schooners. Only a few, however, have risked capture in the waters prohibited under the modus vivendi. A large number have contented themselves with cruising up and down the North Pacific, intercept

ing the seals on their way to the breeding grounds. The schooner Emma and Louisa, which arrived at San Francisco from the north, July 11, reported the catch of the fleet, up to date, as some 9,000 skins, valued at over $100,000.

Several important seizures have been made by the British and American cruisers. On

the night of July 13, the schooner Winifred, of Victoria, B. C., entered Behring Sea without attracting the notice of the patrol. A week later she was captured by the Rush, but in the meantime had taken only forty-five skins, the greater part of the week having been spent in eluding the cruisers. Other seizures have been those of the Mountain Chief, of Victoria, by the United States ship Adams; the Jane Grey, by the Mohican; and the Lydia, by the Rush. The last named sealing vessel was seized for transferring skins to the whaling bark Northern Light, near Dutch Harbor, Alaska, the great shipping rendezvous in the north.

It is, however, in the waters claimed by Russia, that the most exciting incidents of the quarter have occurred. Driven out of the eastern half of Behring Sea by the close season arrangements, the hunters have invaded the waters west of the treaty line (see map, Vol. I., p. 32). Toward the end of July, the British schooners Rosie Olsen, Ariel, and Willie McGowan, and the American schooner C. H. White, were captured and confiscated by the Russian man-of-war Zabiaka, near the Copper Islands. Their crews were made prisoners, being taken with the vessels to Petropaulovski. In spite of protests that they were outside the three-mile limit, the men were compelled to sign a declaration to the effect that they had been sealing in Russian waters. They were then imprisoned for several days. Being finally released, they secured passage

ing upon the questions to be submitted to the arbitrators, since by them Russia asserts a claim to sovereignty over all the waters west of the line of demarcation, irrespective of the international three-mile limit from her shores.

The supply steamer Coquillan, seized in June last at Port Etches, by the Corwin (p. 123), was released under bond by the United States District

she had transferred goods within the four-league limit over which the United States custom authorities assert jurisdiction. The Canadians claim, on the other hand, that no such limit is recognized by international law; and the owners of the vessel assert their determination to carry the case to the United States Supreme Court, should the preliminary trial go against them.

The present season has been mark