The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-01
Justice Harlan's Claim Of Own
ership by United States.
THE WHOLE HERD IS OURS.
Why Should International law Sane.
ton What Each Nation Forbids Z


WASHINGTON CrTy. Dec. Sl--Ihe opin.
ions In full of Justice Harlan and Senator
Morgan, arbisrators Cor the United States
in the Bering sea exSe, we're filed in Paris
yesterday, pursuantto q resolution adop-
ted by the tribuuafhk the last conference
The opinions mhody substantially what
was said by the tw0 arbitrators from the
United States. 1t issupposed that under
the same resolution each of the other
arbitrators has filed IN opinion.
Justice Harlan discussed the question Of
the jurisdiction and the rights asserted
and exercised by Russia in Bering sea at
length. and thus concluded
the discussion: The question OF the
propriety of the taking Of these animals at
the breeding grounds for commercial pur-
poses. under reguiations that enable
a proper proporticn of males to
be taken for use. and killing them
in the open waters Of the ocean. where
no discrimination as TO sex Is possible. 10
the difference between preserving the race
for the benefit of the world, and its
speedy determination for the benefit of
few Canadian aud American sealers pros
ecuting business 50 barbarous in meth
DDS that President Harrison fiily charac-
terized il as a crime against nature. The
coming of these animals from year to year
to the Psibilof islands and their abiding
there so that their increase can be taken
for mans use without impairing the stock
is due entirely to the care and supervision
of the United States. That care, industry
and supervision withdrawn, speedy de-
struction of the race will certainly follow.
The same result will inevitably fol-
low if pelagic sealing be recognized
as right under international Law,
to be restrained. If at all, or
only by convention to which
all the great maritinie nations of the earth
are parties, convention which all know
it would be difficult to obtain, and which,
if possible TO be held under the circum-
stances. would not be held until its object,
the preservation Of these animals for
the use of the world, had been defeated
in the meantime by determination of the
race. On the other hand, recognition
of the right Of property asserted by the
United States in these animals would se-
cure beyond all question preservation Of
these animals. If the views which have
expressed are shared by majority
of the arbitrators, the answer to the
fifth question of article VI. Of : the
treaty should be: That the herd
of fur seals frequenting the islands of
st, Paul and ST. George in Bering 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
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
the existence OF tho race.
that nation. in virtue OF its ownership of
such herd and islands. may rightfully en-
ploy, for the protection of these animals
against pelagic sealing. such means as the
law permits to individuals for the protec-
tion of their property. and that indepen-
IDENTIFY of any right of property of the herd
itself The United States, simply as owner
of the fur seals, so long as the
industry is maintained by its author
ity on the islands of st. Paul and
ST. George, and under the doctrine of self
protection, may employ such means as
may be necessary TO prevent the. commits
sion of acts which will inevitably result in
the speedy determination of this race, the
basis of that industry. while they are in
the high seas beyond the territory waters
ing grounds or land home on these
islands. >"
Justice Harlan says further: "No civil
ixed nation does or would permit within
its own territory the destruction or exter-
mination OF q race of useful animals by
methods at once cruel and revolving. and
yet such conduct. if practiced on
the high seas, the common highway
of all people. is protected by an
international law, which rests, ~
jrrists and courts agree, primarily upon
those principles. morally. justly right and
human, by which the conduct of indi-
viduals and states are and ought to be
guided Thus the Law to which all civil
iixed nations have assented is made.
by the contention in question, to
cover and protect acts which no
one of those nations would for an in
slant tolerate within its limits. 1t
is beyond all comprehension that sn act
which every civilized man must condemn
can be justified aud sustained as having
been done in the exercise of right given
by Law based upon the assent of nations
In the case before Us it appears by over
wheiming evidence that If pelagic sealing
continues TO any extent the important
industry which the United States has
established and maintains at great ex-
pense on the Prlbslof islands for the pur-
pose of revenue and commerce and for the
benefit of all coaptries. must perish BY the
acts of individuals and associat ions of in
diyiduals. committed beyond iurisdic-
tlonal limits on the high seas, where the
ships and people of all nations are upon an
equality: an industry which has never been
interfefed with until pelagic sealers
devised their barbarous methods
for siaughtering female seals. some i'm
rregnated. some heavy with young and
others sacklins mothers in search OF food
for the sussenanes of them selves and OF
spring. II, as already suggested, these
acts are done in the exercise Of right
recognized by the Las of nations, then
they cannot be prevented or restrained
by the United states, however injurious
they may be 10 any citizen within the terri
tory OF that nelghhorhood. But If these
ats are not recognized znd protected by
the laws of nations. IL no one can claim
that all nations hare aSssated 20 the doing
II thai On the high seas which no single
nation would permit 20 be done
within its own terrasory: in short,
Il no one has the right for
mere temporary gain 70 destroy
useful animals by methods which will in
evi:ahlv and speedily result Ia extermina-