The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-26
TuE BERING SEA ARBITRATION.

Sir Charles Russell has Just finished his
argument for the British case before
Boring Sea Arbitration. and he is re-
ported as entirely confident of decision
in his favor. The American plea as put
By Mr.. Carter was identical with that of
Mr.. Blaine, that peiagic sealing under
the peculiar circumstances in Bering sea
was contra bonos mores: that is, it was a
pursuit which involved a serious and per-
manent injury to the rights of the govern
msnt and people of the United States. and
WAS contrary TO the rights Of good govern
ment and good morals the world over Mr..
Carter accepted this doctrine OF Mr.. Blame
ard argued that international law is for
mnlated only as fast as presidents are cs-
taolished and just occasion arises. and in
slated that it was within the province and
dpty of the arbitrators not only to decide
waat had been international law. but TO
mako new precedent for new and pc
TIE thing complained Of was contrary to
International good morals; that is, con-
trary to right. justice and equity.
sir Charles Russell in his argument re-
Plies that the arbitrators sitting as jurists.
mast declare what the law bearing on the
peints at issue is; that they have no right
10 make a law to fit the emergency. Sir
Charles utterly repudiates the contention
Of the American counsel that the arbitra-
tors have the right of law-making; that
they could establish precedent by de-
claring a new ruling. consistent in itself
with the accepted code of international
Law. but going beyond it and including
principles not before admitted rs binding
or nations dealing with each other.
our counsel have urged that Mr.. Blane's
doctrine that pelagic sealing is contra bonos
n'g,res is good law; that it ought 10 bo the
law. and that the arbi,ers ought 10 make
il the law. But Sir Charles Russell tells
tie arbiters that they have no right to sit
a a legislative body. he allirms that 1.-THE
treaty under whose terms they are come
& gether does not give them the law-mak-
irg power. and limits them to declaring
w2iat the accepted code OF international
law has 10 say upon the plain question OF
tie rights cf the United States in Herring
s.a ana over the seal therein." OF course.
II the arblieFs accept this strict definition
ok their powers. We are surely beaten in
oar case
The other point IN the American case.
that of property rights in the seal. was
presented by Mr.. touders. Mr.. Couier,
p,eaiei not that the United states owned
barring sea "a .aarc oia,es...s but tha. 1t owns
tie seal that the only seal colonies in the
North Pacific we're those which resort an
ngaily - the fslbl.ov islands. owned by
tie United States. and tue Commander
islands. owned by Russia. III Boring sea
o:lr sea. herd lives on tie rsibiloy islands
ttorn SIX - eish: months OF the year.
never nstngilnE With the Russian herd. 30
niles distant. aaktnS southwark Jour.
ney in the winter aad always returning iii
tie spring Save for is hfe on the islands
TIE seal herd would become extinct. since
tse seal IS ne. a fish. bu, "a. bearing.
warm biooded animal. although .,s food is
found in the sea
THIS argument tina, the seal IS property
i >BVporse,! ~ ten. Tracy In the Nsrta
.ts.frssss Eet5ca. Up 10 l>>5 there had
been no interference with the seal in.
dHs:ry Of Alaska. as founded by the Ras-
ans in l>a4. carries. On ~ them until iss7.
aal thereafter conducted by the 'niie,i
States, The seal industry Was nain
item If vs.Gs IN The territorial! purchase o.
ls'-. for which the rnstesi states pad
CssAao II 5 estimated sAst oar two
islspts = Il! he woFth SSoss]. pso # cared
f-y &aFiae another hundred years under
,1e ra.es ~Aica prevailed M TO I~>', oui
If Canadian Tz2achers. ~ho eesAa nj THAI
.fiac ihslr wastslgi practice %. slaughter
irg the seas n ;ae waters arcgad the
Islands. Are a!oss1 ~ go on. the vaiae ..
tie islands . il. Ia destroyed
To eur arsGE4en; shat we havc clear
property riwAs "A the far seals 81 the
Alaskan islands. S.s Charles Rassell replies
sai there are no presidents 81 sustain the
| calm TIA. any nassoa can have property