The record-union., 1894-01-01
BEHRING SEA CASE.
TIE AMERICAN ARITRATORS FILE
THEIR OPINIONS.
Recognition of the Rights of Property
Asserted Would Secure preser-
vation of the Animals.
Snecial to the REcoRD-UNToN.

Special to the RECORD-UNToN.
WASHINGTON, Dec. 31.-The opinion
in full of Justice Harlan and Senator
Morgan, arbitrators for the United States
in the Behring Sea case, was filed in
Paris yesterday. Pursuant to a resolu-
tion adopted by the tribunal at the last
conference the opinions embody sub
stantially what was said by the two arbi-
traitors from the United States. 1t is sup
posed under the same resolution that
each of the other arbitrators have filed
opinions.
Justice Harlan discusses the question
of the jurisdiction and rights asserted
and exercised by Russia in Behring Sea
at considerable length and thus con-
cludes the discussion of the question of
property: SIN the taking of these ami
mails at the breeding grounds for COM
mercial purposes, under regulations that
enable proper proportion of males to be
taken for use and the killing of them in
open waters of the ocean, where no dis
elimination as to sex is possible, there is
difference between preserving the
race for the benefit of the
world and its speedy determination
for the benefit of a few Canadian and
the business was so barbarous in its
methods that President Harrison fifty
characterized it as crime against nature
The coming OF these animals from year
TO year to the Pribylof Islands, and
their abiding there, so that their increase
can be taken for mans use, without inn
pairing the stock, is due entirely to the
care and supervision of the United States.
That care, industry and supervision
x.rit r Irox nf n
race will certainly follow. The same re-
suit will inevitably follow if pelagic seal
ing be recognized as right under inter-
national law, to be restrained if at all or
effectually only by convention to which
all the great maritime nations of the earth
are parties, convention which all know
could never be obtained, and which, if
possible to be held under the circum-
stances, could not be had until its object.
the preservation of these animals for the
use of the world. had been defeated in
the meantime by the determination of the
race.
ION the other hand, recognition of the
right of property asserted by the United
States in these animals would secure
beyond all question preservation of
these animals. If the views which have
expressed are shared by ma ajority OF the
arbitratorS. the answer to the fifth queS-
tion of Article VI. of the treaty should
be: That the herds of fur seals fire.
quenting the Islands of st. Paul and st.
George, in Behring Sea, when found in
the ocean beyond the ordinary three-mile
limit. are the property of the United
States, and as long as these animals
have the habit of returning from
their migratory routes to and abiding
upon these islands as their breeding
grounds, so that their increase may be
regularly taken there. and not elsewhere,
without endangering the existence of the
race. that nation, in virtue of it's
ownership of such herd and islands have
the right to fully employ for the protec
ton Of these animals against pelaglc seal
ing such means as the law permits to in
dividuals for the protection OF their prop
erty, and that independently OF any right
property of the herd itself. The United
States, simply as owner of the fur sealing
industry, maintained by its authority on
the islands OF st. Paul and st. George,
and under the doctrine of self-protection.
may employ such means as may be nee
essary to prevent the commission of acts
which will inevitably result IN the speedy
determination of this race OF animals"
Justice Harlan says further that no
civilized nation does or would permit
within it's own territory the destruction
or determination of q race OF useful ami
mails by methods at once cruel and re-
Voting and yet said such conduct is
practiced on the high seas of a common
highway. All people are protected by
international law, which rests, as the
jurists and courts agree, primarily upon
those principles of morality, JUSTICE
rignt and humanity by which the con-
duct of individuals and States are and
ought to be guided. This law, to which
all civilized nations have asSented, is
made by the contention in question to
cover and protect acts which no one Of
those nations would for an instant toler-
ate within its limits.
I'm the case before US it appears by
overwhelming evidence that III pelagic
sealing continues to any greataeXtent, an
important industry which the United
States has established and maintains at
great expense on Pribyloff Islands for
purposes of revenue and commerce. and
for the benefit OF all countries. must per-
ish by the acts of individuals and associ-
ations of individuals committed beyond
jurisdictional limits on the high seas whore
ships and people of all nations are upon
an equality-an industry which has never
been intertered with until pelagic sealers
devised their barbarous methods of
Strengthening female seals, some impreg-
mated, some heavy with young and 9TH
ers sucking mothers in search of food
for sustenance for themselves and Off
spring.
III, as already suggested, these acts are
done in the exercise of right recognized
and offered by the law of nations, then
they cannot be prevented or restrained by
the United States, however injurious
thew may be to any citizen within the
territory not recognized and protected by
the law of nations. If no one can claim
all. the nations have assented to the doing
of that on the high seas which no single
nation would permit to be done within
her own territory. In short, If no one
has right for mere temporary gain to
destroy useful animals by methods that
will inevitably and speedily result in the
determination of the race, then the
United States, whose revenue and COM
merce are directly involved in the pre-
servation of the race, may consistently
with the law of nations protect its inter-
ests by preventing a commission OF these
wrongful acts"