THE FUR-SEALS AND THE BERING SEA AWARD 23 



The undersigned is in consequence instructed formally to pro- 

 test against such interference, and to declare that Her Britannic 

 Majesty's Government must hold the Government of the United 

 States responsible for the consequences that may ensue from acts 

 which are contrary to the established principles of international 

 law. 



Mr. Blaine, the Secretary of State, had in the meanwhile 

 entered upon a lively correspondence with Lord Salisbury 

 in defence of the American case. Every argument that 

 could be brought to bear upon the subject in support of the 

 American position was marshalled by this brilliant states- 

 man in opposition to the English contention of a full legal 

 right to catch seals in the Bering Sea, or indeed in any 

 other sea not mer fermee outside of the three-mile limit from 

 shore. 



Casting aside for the time all claims to mare clausum, Mr. 

 Blaine urged that, " In the opinion of the President, the 

 Canadian vessels arrested and detained in the Behring Sea 

 were engaged in a pursuit that was in itself contra bonos 

 mores, a pursuit which of necessity involves a serious and 

 permanent injury to the rights of the Government and people 

 of the United States." In support of this argument he re- 

 viewed the history of sealing, alleging that " Those fisheries 

 had been exclusively controlled by the Government of Russia, 

 without interference and without question, from their origi- 

 nal discovery until the cession of Alaska to the United States 

 in 1867. From 1867 to 1886 the possession in which Russia 

 had been undisturbed was enjoyed by this government also. 

 There was no interruption and no intrusion from any source. 

 Vessels from other nations passing from time to time through 

 Behring Sea to the Arctic Ocean in pursuit of whales had 

 always abstained from taking part in the capture of seals. 

 This uniform avoidance of all attempts to take fur-seal in 

 those waters had been a constant recognition of the right 

 held and exercised first by Russia and subsequently by this 

 Government." He dwelt with particular emphasis upon the 

 destructive character of pelagic sealing. " The killing of 

 seals in the open sea involves the destruction of the female 



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