St. Paul daily globe., 1893-08-16
THE BEHRING'S SEA CASE

The arbltratorS in this noted case
have decided every point cOntended for
by the United States against them. The
judgment on all points save one was
unanimous. Mr.. HARLAN, of our part,
and Mr.. THOMPSON, of the English,
dissenting from the decision denying to
this country exclusive rights to the
seals outside OF the three-mie limit.
When the contention first arose,
spurred on by the company to which
this country had farmed the seal fish
cries, Mr.. BLAINE took the entirely IN
defensible position that Russia claimed
exclusive jurisdiction IN the waters of
Behring's sea inside of line drawn
from the Aleutians to tine SOuthernmoSt
line of Alaska; that England had recog-
nized this right, and that it had passed
with the Alaskan purchase to this
country.
This ground was practically aban-
doned for the more specouS and plauS-
ibie one that, as the seals came period
Ically to the land during the time of
CESSATION and remained there several
months, using the sea at other times as
pasture grounds for themselves and
their young, therefore they were to be
considered as essentially land animals,
the property of the owner of the land.
which the owner did not lose while the
animals were off feeding. 1t was ar
gued that the sea was to the seal what
the commons Of pasture were to the
cattle that roamed over them. and that
as the owner of the latter did not lose
his property in the cattle merely be-
cause they went onto common ground
Tor feed. so the United States did not
lose its property rights i'll the seals
wien they left the land and went fish
ing.
All these points are decided against
this country, but the commission, act
ing under the powers granted i'll the
treaty creating it. makes disposition of
the whole case in the regulations
adopted by it which will be satisfactory
to all except those selfishly interested.
The company to which our government
gave a monopoly of sealing Will not be
cOntented, nor will the Canadians who
have been pira:ing the seals. but the
people OF both countries will accept the
regulations as fair, humane and just
to all.
All parties are prohibited from kill
ing the seals while on the Pribyloff
islands. or in zone sixty miles around
them, at all times. The months of May,
June and July are made a closed sea-
son i'll which there shall be no slaugh-
tering. No steam boats shall be used
in fishing, nor steam launches, nor shall
firearms or explosives be used. All
vessels shall be licensed by their re-
spectIve governments, and record kept
of all seals taken. Provision is made
! for mobilization of the regulations ev-
| cry five years.
On the whole, the country is to be con-
graduated on the outcome. We made
| claims which were unSound and unjust,
and not so mucL for the preservation of
! the seals as in support of private
| monopoly. The only public interest, if,
| indeed, it has any at all, is in preserving
! the seals, and this is attained. Beyond
| this is the greater benefit of another
! yindication of the method of settling
! international disputes by arbitration in
! stead of by war. The case adds one
! more to the precedentS, now happily
accommodating rapidly. which Will in
| time make war impossible by creating a
| controlling public sentiment in favor of
/ peaceful adjudicatiOns of disputed Ques-
tions. 1t paves the way to the estab-
| liShment of an international high court
] of arbitration.