New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-11
FREDERIC r. COUDERT HOME.
HE TALKS ABOUT THE BEHRING SEA CON
TROVERSY

HE THINKS THAT THE COUNTRY MAY EXPECT
DECISION ATIsFACToRY TO THE EN-
LIGHTENED PUBLIC OPINION
OF THE wOILD.
Frederic n. Coudcrt OF counsel for the United States
In the Tribunal Of Arbitration On the Behrns sea con-
roversy who left New York March IL to attend the
tribunal In Paris returned home yesterday ate: ah
absence OF three months, during which he says MS
lators have been more nriuous than they would have
been in his private practice. Responding to quesllohs
by Tribune reporter, Mr.. Coudert said
"wh.n left Paris. about ten days ago. Sir Charles
Russell, the leading counsel for Great Brltah' 'a"
Just complted his argument, and Sir Richard WeoS'er'
one OF his associates. was following him They hnd
both confined themselves to questions OF law Sr
Charles had spent much time in an examination OF
the treaties and diplomatic correspondence during ana
since the time OF the Russian occupation lie hiue
a very lawyerlike and thorough argument upon 'ne
technical side OF the He had not touched upon
the question Of regulations, however but learn from
the newspapers that have seen to-day that that SUD
division OF the general subject Is now before 'he
tribunal By regulations | mean the rules that the
tribunal may recommend for the preservation oi the
seal assuming that tho United states has not such
proprietary right in the herd or In IN" Industry aS 10
Justify It in taking proper measures oil lis own 10 re-
pei an invasion OF It's sovereignty. This mhs'' l
think necessarily be a subject OF great embarrasS-
(kilIing the animals at altogether or may fix
close season for It, or zone OF water outside OF III"
Territorial limits OF the United states, but the S1gg :
tion which has be, made the part Of Great Britain
that these regulations should also apply to tn" terri
tory Of the United States and dictate the CONDITIONS
upon which II shall carry on It's business at home l.
not one which the Government OF this country VIII
tolerate.
NO nation strong enough To protect Itself against
ontsd Interference would willing thus to abdictc
any part OF It's sovereignty. our Government never
did this during the negotiations and tho treaty nSe
shows that the idea not contemplated by tne
p,r,ies to the treaty. II, however. regulations to
curtal the injury at should be made, 1t remains
to n. seen whether the wit OF man Is able to devise
any satisfactory method OF protecting the animal
The fatal trouble with pelagic sealing is that 1t does
not discriminate between the female and the male
How long would herd Of cattle or sheep endure
where the cows and the ewes were rutliessiy siaugh
tered and no sort of selection made In the killing
The question answers Itself.
sour Government claims that the seals are SUD
,rct TO property; that the title held by Russia for
MANY years has to us: that we have as 'nuch
property interest in the seal, themselves as In the
Industry Of seal raising in our Islands; that any
wholesale destruction OF the animals Is an invasion
Of our rights. which we would b. )ustiheu Oh so"ni
pinciples Of law. IN resisting and repre,sing We
Insist moreover, that Great Britain has repeatedly
made the assertions 0i reht anu u ''""'
protecting her pearl fisheries and oysier-beds WIN
the consent Of the rest Of the world on tne SHIN
grounds that now alleging
Whether tho seal br technically an animal ferae
nafurae-that L., Of wild nature-or not' IL ''r''is
Is subject the control Of the United STATES unr'le
onehalf Of each year rs thoroughly and ~ compe''y
as any other animal upon our territory IL p'''
which arr 80 essentially wild and un,amabsj are oF
III. purposes Of law, 10 be considered as FVpcr'
,t.ni-
from flower, I'm ncjghbor's hel6s simply because they
intend return. why should not the seal, seh'ie
and submissive animal. enjoy the same privilege
indeed the case Is peculiarly strong. Inc young
seals are always born our soil and nowhcr. else
bcrn on our land and only land II We rcpei
tho mother when she resorts 10 our Islands 10 drop
er Young they are born In the water and Immediately
,c,ish The Young are shcked and brought up under
our ,upervlsion and saved from destruction only by
our care II the Government OF the United state'
bouls withdraw il, hand FOR only year the race
of seals would be practically extermina'ed
To speak Of the seal fish and 10 claim That
tho am. rule, should apply 1t and 10 the owncrs
nf the soil where 1t /, rn H. have been applie
Goldfish and trbot may anorn sH'r,, r" msonn"
comparson 1t seems to say the least & cS'rSvasaa r, m
ssS Of a an rn@' !" When &c sT@mSs 1 am acquired
art taught TO by IT. mother ana ,,mr''mrs me-, ~mm a
scgy and f 70 w %n M r. reas%.% on to "pa ia eur
lsionce. The fact /, that the seal y essenuaiy
land animal that II can live indefinitely upon aha
food and the rigor Of climate compel II 10 abandon
il, home. and even then II seek, for no other land
habaiion but returns TO the Islands owned pS '"'
mi states with invariabe regularity
The question wls asked by , om% r mn ine IA
rhc answer Is. that this may be done without the
slightest difficulty in individual Gas@s Every ". PIP Pup
offspring Of cows. can be handled and managed
ay a; y%uns IN Esn S ' but pSe nS GtsSGa wona b
an idle cercm ny. for the pelagtc poacher wOud nor
observe the brand at sea. and II he should. he would
disregard IT, In the next place besides the injury to
the fur which would result from branding where 50
many thousands Of animal, are concernsd, the oper
Iii i, claimed 10y thu United states that 1t IS not
necessary in order to maintain It's position. TO In,
sist that IT has absolute right to every one Of
these animals that resort to and are born upon it,
soiI The Industry Of seal raising is National one
the destruction OF a useful race of animal. The
whole world is interested In strengthening the haui>
Of the United states in preserving the fur seal which
has practically been wipfd cut of cAsicn!e In the south
.eas by ruthless and md,crniinat" killing II mnt,
be conceded that II to preserve the seal
race II can only be- done by judcous selection o the
animals best adapted 10 The purposes of commerce
with Tie slist test possible injury to the family The The
the world owes the existence Of these valuable
ss;ms the rsh to Continue in the future as in the
past. 1t began by repclling nttnck with force. but
Whatever else might prove 1t certainly could
establish the right and the law Of the question
!" Mr.. Robinson. Of Canada. one of the British
counsel. Is to follow Sir Richard Websters argument
and close their side Of the case. Mr.. Phelps lately
Minister to the Court Of -. James, who Is senior
counsel for our Government. who Is most admira-
bc lawyer, and who became thoroughly posted on
the subject while serving Minister Will close the
discussion. which will probably take about Two
weeks more.
When the discussion shall have been closed.
the responsibility will rest upon the tribunal, and
as that tribunal Is composed Of eminent and honora-
bic jurists OF different nationalities. We may rca-
sonably expect n decision that will be satisfactory
10 the enlightened public opinion Of the world