New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-07-12
THE SEALING CASE SUBMITTED,

THE SELLING CASE Sth-hlhi"D'
60 far as the submission of testimony and
the hearing of argument are concerned inc
Behring Sea Arbitration has been concluded
The decision of the court will be the next ana
| final stage of the case. 1t has been, IN many
respccts. a remarkable trial. Such trials are
Of themselves remarkable. both for their IN
| frequency and for what they tell OF the new
| and better spirit prevailing in international
| controversies But considered as one OF It's
kind. this case has shown striking and sig
| nfcant features Though complicated dis
mute involving many distinct facts, the evil
dcnce as to which was difficult of ascertain
ment having little about it upon which the
common knowledge and experience of man
kind would throw light, it has been tried IN
remarkably short space of time. This fact Is
valuable in that il answers one OF the most
serious objections urged in the past against
arbtrations Practically the disposition OF
time made in the treaty itself has been fol-
lowed 1t took somewhat longer to get the
evidence together than was at first antlcl-
pated, and the arguments have been drawn
out beyond all expedition. But 1t was not
supposed. anyhow, that decision could be
rendered in time to be available for the reSu-
lation of this seasons hunt and catch. so that
the delay of two or three months has not
affected the property in any respect. lhco-
reticaly at least, it is being guarded and
probably the measure of protection afforded
the herd has left it in fairly good condition.
1t has not been the fault Of either Govern
| mcnt if the albitratorS do not fully understand
the case. They must choose between good
deal of conflicting evidence. The allegations
of the United States concerning the disastrous
effects of pelagic scaling are denied by Great
Britain. as is also our claim that the method
| of slaughter pursued at the islands is carefully
| calculated to permit the growth of the herd.
| On these points the arbitra,or> must exercise
| their best Judgment The Canadian sealcrS
| claim that they can discriminate aS to the sex
| of seal seen swimming in the water ana that
they can and de- avoid the destruction oi
| females We claim that this Is false and I'M
| possible and have submitted great mass OF
| testimony To prove that the seals taken III
| Behrng Sea are necessarily. in nine cases out
| of ten females who have recently gwen blth
10 a cub and are again pregnant. ndoubtcdlt
| the American case derives It's highest strength
from these facts convincing as they arc that
| peIagic sealing is inhuman. WaStcful. unnccoS-
| sary to the proper carrying on OF the induSir!
in seal skins and essentially unfair TO the
| United States in whom. as owners of the seal
islands is obviously lodged a peculiar prop
e,ty right The first duty of the arbtratcrs
| therefore will be to arrive at conclusion as
| 10 the essential facts in the case, and if they
| find as we are confident they must, that the
| American claims as to facts are best sustained
| nv the evidence recorded they will then con
| slider how far the law of the freedom OF the
seas. on which Great Britain relies to justify
the conduct of her subjects applies to these
| peculiar conditions.
1t is fair to say that the arguments of the
| British advocates have not in substance or III
temper indicated any great degree of conf
| dence in their cause. Sir Charles Russell 5 was
the address of an irritatcd man who desired
to make his adycrsarieS as uncomfortable as
he was himself lie undertook to ridiculc the
contention that any state OF facts could inter
| ferc with the right of a sailing master to do
any thing he pleased on the high seas. except
IN so far as he was restrained by the laws OF
his own country or by the general law against
piracy He affected an inability to believe
| that the Americans were serious in attacking
| this proposition. evidently absurd as it is. and
denied by the practice OF all nations in cstab-
| fishing blockadcs and i'll protecting their rcvc-
| nues He insisted that the court must apply
the law as it found it, as if international law
were code and not general principles drawn
from the judgment and experience of mankind,
as to what upon a given state OF facts, seems
most fair, Just and righteous.
| Whatever the decision of the arbitrator,
| Americans can afford to feel proud of their
representation at Paris. Without seeking to
draw contrasts, we are justified in saying that
| il has been eminently creditable to that which
| is best in our civilization IL has been bold
earnest and patriotic, but it has been perfectly
| frank. 1t has presented the American case
fully. and with wonderful lucidity not at
tempting to belitte the position OF its adj
yersary, but meeting it i'll frank contention
| According to the terms of the treaty. the de-
cjsion will be rendered within month. Ii is
to be hoped that its terms will be specific and
plain. leaving 10 doubt as 10 the question of
right submitted. and recommending rcgula-
tons, if regulations there must be- which arc
possible of execution and effective for the pro-
lection Of the seal.