New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-08-16
TIE BEHRING SEA DECISION.


The Behrng Sea decision is compromise
with the technical rulings In favor OF Ing
land and the practical regulations for the pro-
lection of the fur seal wholly in the interest
of the United States. On the five points
formulated in Article VI the tribunal dismisses
the claims of exclusive jurisdiction over the
waters O. Behrins Sea or the animals them
selves based upon the cesson OF Alaska ana
the cond itions of habitat and breeding. The
arbitratOls decide against the United States
on all questions of abstract right to protect
the seal. which was technically the main issue.
But when they define the regulations for seal
ING they provide ample means for the protcc-
ton of the seal and that has been the supreme
object of the American contention. Indeed,
these regulations are so broadly framed "a
practically to put an end to pelagic sealing, and
to prevent the determination of this valuable
animal in the only quarter of the world where
it is now found England has the letter of the
decision and the United States save the seal.
In this way protracted international contro-
vcrsy is brought to close
TO illustrate theory and practice as formu-
lated by the arbitrator we may refer TO the
fifth point of Article VI, upon which the
American counsel laid the main stress in their
arguments 1t involves this question
HAS the United States any right and,
r so, what right, of protection or property
III the fur seals frequenting the Islands OF the
United States in Behling Sea when such seals
are found outside the ordinary three mile lin
it?" theoretically the arbitrator decide that
the United States can have neither property III
the seal nor the right to prevent their destiuc-
ton. But practically they establish a close
season during the three months when protec-
ton is absolutely essential they include the
North Pacific as we'll as Behring sea III this
arrangement they prohibit the employment OF
firearms in sealing, and they form protected
zone for sixty miles around the islands where
the animals breed. These regulations are 50
favorable that the arbitratOrs, while ostenslbly
ruling against the American claims, seem 10
have acted virtually upon the assumption that
the United states have a better right TO the
seal than any other nation, and are entitled to
have their property protected against slaughter
and determination.
While therefore the technical questions have
been decided adversely, Americans have rca-
son for profound satisfaction over the general
result They have not desired to revive old
time claims of exclusive jurisdiction III contra
vention of the necessary principle Of freedom
of the seas and the progressive genius of in
ternational law What they have aimed 10
accomplish has been the preservation OF a
valuable animal in the interests Of the human
race. This has been done. The new regula
tons provide vastly better terms than the pres
ent modus vivendi. and virtually insure ample
l. 81 tl,a
of firearms the trade of the Canadian saugh-
terers will cease to be profitable, for 1t can
only be carried on in a small way. The zone
of 60 miles will protect fairly well the breed
ing seal although larger circle would have
been preferable. The extension of the closed
season to the North Pacific, against which Sir
Charles Russell argued with great earnestness
turns Canadian poacheIs out of their favorte
hunting ground. The fur seal will not perish
from the face of the waters of Behrng Sea, as
it has from the South Atlantic and the South
Pacific in consequence of Wanton and nndis-
eliminating slaughter.
The result of the arbitration proves that all
that was lost on the abstract questions en-
bodied in Article VI was regained under
Article VII, which was most adroitly as well
as wisely inserted by Secretary Blaine. IIav-
ing made the best possible presentation of the
technical issues raised by the Russian cession
and property rights which Americans could
claim to the exclusion Of Canadians Secretary
Blaine provided for the contingency of an ad
verse decision. Article VII in that event au
thorlzed the arbtratorS t. prescribe the rcgu-
lations to be established by the concurrent
action Of Great Britain and the United States
That sagacous statesmans prudent forecast OF
possible defeat on questions of technical right
has enabled the United States to achieve sub
stantal victory. The regulations will protect
and preserve the seal and that was the sum
and substance Of the American contention As
the logical result of the decision is in favor Of
England on the technicalities, there will be
bill for damages for the seizure of Canadian
ships but in all essential issues of fact con-
nected with the preservation Of the seal Amcri-
cans get what they wanted.