Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-05-11
ENGLAND'S SIDE.
Sir Charles Russell Opens
Great Britain's Case
In Behring Sea Matter Before the
Tribunal Of Arbitration.


PARIS, May l0.--Attorney- General Sir
Charles Russell Of the counsel for Great
Britain. before the Behring sea tribunal Of
arbitration, began his address today in be-
halt of the British case.
Sir Charles began by bestowing generous
praise on the arguments Of Messrs. Carter
and Coudert Of the counsel for the United
States A. full of intellectual allurements.
lie thought MIR. Carter's line of argument
| had taken him into the misty clouds Of
metaphysical and ethical discussion. which
had no bearing upon the case. lie had
also built strongholds legally indefensible.
Sir Charles remarked on the change of
| front in the various parts Of the American
| argument. The courage, not to say au-
iacity. with which the American counsel
propounded as propositions of Law, propo-
sitions which had no legal foundation,
greatly interested him,
For instance. the theory that foreign YES
sells could be seized in time Of peace; that
pelsgic sealing was criminal; that seals,
although wild, were American property, be-
cause they possessed dnimsm rersrtendi,
displayed remarkable confusion of ideas.
The seals, Sir Charles declared, were
like game which landowner had right To
kill, although only when on his land. Ami
mum revertendi conferred property In wild
animals only when wild animals were In
duced by artificial means, such as feeding,
to return to \ particular place.
Neither International nor municipal law
would confer property in seals, where were
in dispute between persons instead Of ma
tions. On the some points, Sir Charles
stated that he agreed with the American
counsel, because they drew the right con-
clusions though based on wrong premises.
Sir Charles admitted that the legal ques-
tons for decision by the tribunal contained
in article 6 should be submitted to xrbi-
traitors as jurists. This implied that the
tribunal Of arbitration must declare what
the law Is, and not attempt to make n law.
lie commented on what he called Mr..
Carriers remarkable contention that moral
and natural law were an interchangeable
term for international law. His (Sir
Charlcs') conception of international law
was that it did not depend on moral consid-
| erations, but on the consent Of nations.
Sir Charles quoted the past history Of
privateering and slave trade TO Prove that
actions in themselves wrong were not nec
lessarily offences against intern ,ti0nal law.
Sir Charles agreed with the Americans
that it was preferable that seals should be
extermlnated rather than the tribunal
swerve from the straight line Of law. The
whole question has been exaggerated. The
American counsel spoke of sealskins ~
though the disappearance OF animals fur
nishing sealskins would cause \ rude shock
to the progress Of civilization.
Sir Charles would not assert that seal
skins were not necessary to the happiness in
this world or next. hut pointed out that il
was only about 1850 that the method of
preparing skins was discovered. which
brought them into the market Ms articles OF
luxury. Counsel for the United States,
dwelt upon the cost of Alaska and the value
of that territory TO the United States, on
account Of the seals; but mt the time Of
the purchase of Alaska, the United States
did not take the seals under consideration.
The statement by Sir Charles led to n
lenthy discussion as to the correctness OF
the assertion. Baron de Courcel, president
of the council, American arbitrators, liar-
Ian and Morgan. and lion. +. }. Phelps OF
the counsel for the United States, took part
in the discussion AMI brought ont various
points relating to the purchase of Alaska.