St. Paul daily globe., 1893-06-12
THE BEHRING CASE.
Frederic II. COudert Returns and
Discusses 1t.

Discusses 1t.
New YORK, June 11.-Frederc II.
Coudert. one of the counsel for the
Behring sea case, whose arrival was
noticed in these dispatches, talked en-
tertainingly about the high tribunal
before which he made a lengthy argu-
ment. Mr.. Coudert said he thought Mr..
Phelps in his closing argument would
occupy two weeks. His argument will
necessarily deal with every feature of
the case put forward by the other coun-
sci, and he will reply to argument Of the
English lawyers.
"Mr. Carter opened our case in very
clear and thorough manner" said Mr..
Coudert. The contentious of the two
countries could not have been presented
in any clearer manner than they have
been by the counsel on either side.
see that since left Sir Charles Russell
has been speaking again upon the So
called regulations. In case the high
tribunal holds that our claim to property
rights is not sustained, it becomes a
question as to what rules snail be formu-
lated to preserve the seals from de-
StructiOn.
There seems to be-" went on MI.
Coudert, "a misconception as to the real
questions in the case. On the part of
many 1t is supposed that the United
States claims the whole of Behring Sea
that is, the part ceded by RHssia-as
territorial waters, and there has been a
great deal of discussion as to whether
or not it was mare clauSum, and we'll
informed persons have supposed that
unless this claim is sustained the United
States must fail. But the United States
has much stronger case than that.
Apart and independent of any exclusive
and peculiar rights of Jurisdiction to the
waters of Behrlng Sea, or part of it, the
United States claims that its substantial
interest in the seals which frequent it
lustifieS the repression of their lndlS-
criminate and wanton destruction.
Every Canadian poacher who kills
seal within ODE or two hundred miles
from the Prlbyloff islands knowS-if he
knows anything-that the seal he is
Slaughtering was born on that part of
the American territory. The govern
ment of the United States, through its
lesseeS, is interested in the raising of
seals Oh its territory, and such seals are
under its control, and subject to its
powerful protection.
This country has claimed and still
claims that in insisting on its right to
repal an invasion on its domain by the
destruction of its property, that it is not
seeking to establish new precedent.
international law is progressive
science. Its germs are founded in rea-
son and necessity. Necessity is really
its parent, and where reason applies,
rules must follow"
The counsel for the United States,
Mr. Coudert explained, were being gov
erned in the presentation of their argu-
mentS by the salient features. No one,
he said, could say what the result of the
arbitration would be. He had seen OF
heard nothing while in attendance at
the sessions that had led him to change
the views he held before sailing from
New York.
One very pertinent question he had
not heard answered was, what Great
| Britain would do should a fleet of
dredgers go from this country to poach
upon the Irish oyster beds that are be-
yond the three-mile limit? Local laws
now prevent the English fishermen dis
turDing them, and he had asked, with
out being anSW cred, whether England
would fail to prevent the encroach-
ments of other nationalities to whom
| her local laws did not apply.