The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-07-19
Waiting for the Decision.

The disputations which have been going
on for more than three months before the
tribunal OF arbitration at Paris are now
ended; and within another three months.
under the treaty agreement, the decision
must be rendered.
Looking back over the prolonged and
elaborate augmentation. the palm for
novelty. for suggestiveness, and for breadth
OF view. must. we think. be awarded to the
American counsel. Sir CHARLES RUssFLL
and Sir RICHARD WEBSTER presented the
British case with admirable cearness and CO.
gency. and were particularly successful in
pointing out that much OF what their oppo-
nents said was not law. Indeed, a large
part Of their labor was laid out In CRITICS.
Ing the American arguments. from q
conservative point Of view. insisting
especially that the American notions
OF q right Of property in seals were ut
terly unfounded. The theory that pelagic
sealing Is an outrage to be repressed by
law, was also pronounced extravagant; and
American pretensions to exercising right
OF selling foreign vessels beyond the three
mile limit were declared to be untenable.
But In spite OF the severely critical analy-
sis. characteristic Of the English advocates.
there was an audacious confidence in the
calm American response that the question
is not what once was law. but what is here
after to be law. The American view
plainly was that no case exactly
like that which has now arisen has
ever been decided: and that the i'm
portance OF the subject and the high
character OF the tribunal demanded q de-
cision founded on common sense. on the |
general interest Of mankind and on the pc |
culiarities Of seal life. never fully studied |
and made known until now.
The philosophical and impressive argu-
ment Of Mr.. CARTER. tho original. witty.
acute, and persuasive address OF Mr.. CoU-
DERT. and the earnest and emphatic closing
review OF Mr.. PHELPS combined to make
noteworthy presentation Of the American
case. 1t turned out that, while the opinion
OF the tribunal had been asked on five
distinct points. and four Of them related to
the rights Of jurisdiction in Russia and the
United States. the fifth of these points. the
property right Of the United States In the
Pribylov seal herd. was the one viii CHI re-
ceived the stress Of the argument.
Whether the tribunal will adopt as a
modern development of international law.
the somewhat novel and advanced view on
|
sci commended for. cannot be foretold. But
even should our country lose on that point,
there are many indications that it may prac-
tically win on a matter which has been ar
gued with equal elaboration and persistency.
namely. tho need Of stringent restrictions
upon pelagic sealing. as the means of pre-
serving seal life. The arbitrators are spe-
officially empowered to say what concurrent
regulations. outside Of the question Of prop
erty right. are necessary beyond the exclu-
sive jurisdiction Of Great Britain and the
United States: and they have shown a
great interest in the portions OF the rival
arguments which relate to this point. 1t
Ia not too much to expect that. whether the
does or does not decide that the
Government Of the United States owns the
Pribylov seal herd. it will save that herd
from its threatened determination.