JURISDICTIONAL EIGHTS IN BERING SEA. 295 



Mr. Blaine to Sir Julian Pauncefote. 



Department of S'J'Ate, 

 Washington^ Aiiril 14, 1891. 



Sir : The modifications which Lord Salisbury suggests iu the ques- 

 tit)ns for arbitration do not wholly meet the views of the President; but 

 the President changes tlie text of the third and fifth in such manner, 

 it is hoped, as will result iu an agreement between the two govern- 

 numts. While Lnrd Salisbury suggests a different mode of procedure 

 from that embodied in the sixth question, the President does not under- 

 stand him actually to object to the question, and he therefore assumes 

 that it is agreed to. 



The six questions as now proposed by the President are as follows: 



First. What exclusive Jurisdiction in the sea now known as the 

 Behring Sea, and what 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? 



Second. How far were these claims of jurisdiction as to the seal fish- 

 eries recognized and conceded by Great Britain ? 



Third. Was the body of water now known as the Behring Sea in- 

 cluded in the phrase "Pacific Ocean," as used in the treaty of ISlio 

 between Great Britain and Russia; and what rights, if any, in the 

 Behriug Sea were held and exclusively exercised by Russia after said 

 treaty f 



Fourth. Did not all the rights of Russia as to jurisdiction and as to 

 the seal fisheries in Behring Sea, east of the water boundary described 

 in the treaty between the IJuited States and Russia of March 30, 1807, 

 pass unimpaired to the United States under that treaty? 



Fifth. Has the United States any right, and, if so, what right, of i)ro- 

 tcction or property iu the fur seals frequenting the islands of tlie United 

 States iu Behring Sea, when such seals are found outside the ordinary 

 three-mile limit? 



Sixth. If the determination of the foregoing questions sliall leave the 

 subject iu such position tliat the concurrence of Great Britain is neces- 

 sary iu prescribing regulations for the killing of the fur seal in any part 

 of the waters of Behring Sea, then it shall be further determined : First, 

 how far, if at all, outside the ordinary territorial limits it is necessary 

 that the United States should exercise an exclusive jurisdiction in 

 order to protect the seal for the time living upon the islands of the 

 United States and feeding therefrom"? Second, whether a closed sea- 

 son (duriugwhich the killing of seals iu thewatersofBehringSea outside 

 the ordinary territorial limits shall be prohibited) is necessary to save 

 the seal-fishing industry, so valuable and important to mankind, from 

 deterioration or destruction *? And, if so, third, what months or parts 

 of months should be included in such season, and over what waters it 

 should extend"^ 



The President does not object to the additional question respecting 

 alleged damages to English ships, proposed by Lord Salisbury, if one 

 condition can be added, namely, that after the issues of the arbitration 

 are joined, if the United States shall prevail, all the seals taken by 

 Canadian vessels during the period shall be i^aid for at the ordinary 

 price for which skins are sold. This seems to the President to be the 

 complement of Lord Salisbury's proposition, and he doubts not that it 

 will secure his lordship's asseut. 



