The Portland daily press., 1893-04-20
THE SEALS OUR PROPERTY
We Certainly Should Be Allowed to
Protect Them.
MIR. CARTER'S ARGUMENT TO THE
COURT OF ARBITRATION.

His Position Made Plain by Illustrations
England and Egypt as an Example
Misrepresentation of the London
Times Corrected-Other Foreign News
-Zante Again Shaken-The Home
Rule Bill
PARIS, April 19.-J. C. Carter, of
counsel for the United States in the
proceedings before the Behring Sea tri-
bunal of arbitration, makes a request
that publicity be given to the following
statement:
Yesterday Mr.. Carter complained to
Baron de Courcelles, president of the
tribunal of arbitration, of misrepresenta-
tions of his remarks in the report of last
Fridays proceedings as published in the
London Times. In this report, Mr.. Car
ter is represented as referring to an
American, Judge Dawson, as two-pen-
ny judge. Mr.. Carter explained that he
had said nothing in the least disparaging
of that distinguished and very worthy
judge. What he really said was that the
United States could not be held respon-
sible for the reasons which judges as
signed for their decisions. If it were
SO, the United States government might
be held answerable for the decisions of
any two-penny justice of the peace. He
[Mr. Carter] never said that the iudg :
ment given by Judge Dawson condemn
ing the British schooners seized in Beh-
ring Sea was incorrect. He believed
that judgment sound. The Judgment
spoken Of by Mr.. Carter was that deliv-
cred by Judge Dawson in the United
States District Court of Alaska, in the
cases Of the, schooners Dolphin, Anna
Benk, Grace, and Ada, which opinion
widely reviewed the claims in relation to
Behring Sea, and the evidence in sup
port of those claims, and directed that
judgment be issued against the ves-
sells.
In resuming his argument before the
tribunal OF arbitration today, Mr.. Carter
claimed that seals were not ferae natur-
a, but private property when nourished
and tended by man. Mr.. Carter quoted
cases in support of this contention, nota-
bly, the case of Morgan VS.. the Earl of
Abergavenny, which resulted in decis-
ion that deer were private property,
similar to bees and swans, being wild
until cultured. The seals frequenting
the PribylOff islands were, Mr.. Carter
contended, guarded and cherished by
the United States. Therefore a species
of husbandry had been formed, giving a
property right in seals.
The line of argument presented by
Mr.. Carter in support of the claim of
American ownership in seals, was so in
tricate and technical that the preside MT
of the tribunal was obliged to frequently
interpose with questions in regard to
the statements made.
Continuing, Mr.. Carter said that
Great Britain claimed the right
to prey upon an animal whose
very existence today was due to
the efforts of the United States. The
determination of seal life in Behring
Sea was prevented by the United States
and this action of the United States was
worthy of the recognition of humanity,
who still benefited from the seal indus
try. Mr.. Carter diverged from the main
line of his argument to discuss the alb
stract question of property. He cited
cases in which the rights of humanity
were enforced against private and ma
tional rights. For instance, he said, in
1840 Great Britain, with the approval of
the world, made war against China to.
compel the opening of the Chinese ports.
Ii the countries growing Peruvian
bark should declare their intention to
destroy that plant, other countries of the
world would be justified in interfering,
in the name of humanity's right, to pre-
vent such destruction. The right of
property might include in most cases the
right to destroy but thousands of laws ex-
listed to preserve to humanity theuse of
the product of certain kinds of property.
Why did Great Britain occupy Egypt to-
day? Because Egypt lay along the path
way to Great Baitain's mighty commerce
with the East. If the Egyptian govern
ment was unable to assure to Great
Britain safety in this pathway. Great
Britain was justified in her interference.
Baron de Courcelles-You seem to take
a very high view of the subject You an
ticipate the verdict of history.
Senator Morgan to Mr.. Carter---If this
tribunal decide that the United States
do not own the seals, ought the United
States to repeal all the laws concerning
seal fishing in Behring Sea?
Mr. Carter-I think not, but the ques-
ton is unimportant, as in the event of
such decision, there would soon be no
seals. The permission of Pelagic seal
ing means the determination of seal life.
The court adjourned.