Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-01
SENATOR MORGAN.
His Opinions Delivered During the
Bering Sea Arbitration.
RUSSIAS CONTINUED CONTROL OF SEALS
Too Late For Great Britain to
Now Object.
PROTECTION NECESSARY.

The opinions Of Senator Morgan upon the
questions arising in the Bering sea arbitra-
uon, which were filed with the secretary
or the tribunal at Paris Saturday last,
were not so volumnious as those OF his
associate arbitrator. Mr.. Justice Harlan.
although there were more OF them. Justice
Harlan filed five. Senator Morgan seven.
making pamphlet of 12s printed pages.
They related TO the competency OF the tn
bunai to prescribe regulations for the North
racine ocean, as well as for Berfng sea
proper; TO the proper order IN which the
matters submitted to the tribunal for ex-
animation should be taken up and dis
posed OF, and as to the general powers ana
duties OF the tribunal; to the proper time
for the consideration of the historical ques-
uons submitted to the tribunal: TO the
claims OF Russia, and of the United States
derived from Russia, under the treaty OF
1861, as the same propounded in the treaty
of 1892; TO the prescriptive rights of Russia
ana of the United States in respect or~tne
fur seals In Bering sea; to the award to
be rendered by the tribunal and 10 the
regulations for the protection ana preser-
walton of the fur seals.
Speaking Of his opinions. Senator Nor
gan said they had been delivered from time
TO time I'm the conferences of the arbitrators
and were intended to meet the arguments
put forth by other members Of the tribunal
In putting them into permanent shape. he
sald ne nad included only much Of the
original matter would show in the fu-
ture the attitude Of the United States upon
tie subjects under discussion. Like JUS
lce Harlan, Senator Morgan delivered n
long argument or opinion upon the claim
OF the United States to property right IN
the seal But unlike his associate he based
M ms argument that the prescriptive rights
OF the United States and previously those
or Russia. In respect OF the fur seals that
habltually resort to Bering sea are 10 he
satey based upon the continued and un-
questioned usage of both countries as well
as upon the peculiar characteristics of
these animals. Upon this point he said:
Russia's Control of the Seals.
Ihe Russian government exercised the
right to own and control the seals that re-
sorted to Bering sea and made Temporary
grants to its subjects of the right 70 take
them in those waters.
II may be said that this was an as
sumption OF right on the part OF Russia
not supported by any rule OF international
law. IL was not more distinctly an as
sumption of rights than was the title TO
the islands based on the discovery OF them
by Russian subject In both cases a na-
i've sovereignty was displaced TO make
room for the claims of Russia backed NV
superior force. The processes OF appro-
pr1ation were the same in reference 70 the
seals and seal fisheries as they were IN
reference TO the islands, viz: Discovery.
claim. occupation and development Exclu-
sive use and the acquiescence OF other
civilized powers were the attendant facts
that established the right OF property IN
both cases.
"As all international law grows out OF
custom has no other root IL cannot be
denied that the right of Russia 10 appro-
pirate and protect this herd OF fur seals
has been established by custom and main
tained by constant and exclusive use Ger
tainly no other nation in fits sovereign
character has claimed these seals or de-
MED the right of Russia TO their exclusive
ownership. When Great Britain, in 1876,
was treating with Russia for an open sea.
tree navigation and the rights OF fishing in
those waters she set up no claim 10 a
common right of hunting seals OF fur-bear-
ing animals In those regions. Russia went
on renewing her charters for these pur-
poses TO her subjects. and Great Britain
stood by and made no assertion OF such
right for herself or her subjects for about
a half century.
Nearly century elapsed after the colo
nization of the islands by Russia before any
British subject opposed the claim of Rus
sia and the United States. her vendee TO a
property right in the seals that habitualIy
resorted TO Bertng sea. There are few GUS
tomary rights that have a surer foundation
In usage or upon the doctrine OF acQuies-
ence than the world has accorded to Rus
sia in respect of the right to the fur seals
resorting TO Bering sea
The long acquiescence of Great Britain in
this claim Of ownership in seals by Russia
was OF only without objection, protest or
diplomatic suggestion TO the contrary, but
that government has encouraged her own
people TO base an extensive and valuable
industry upon the material provided by
Russia and regularly supplied to them
from her fur seal husbandry.
Too Late for Great Brftafn's Assertion
cit is now too late for Great Britain 70
say that Russia and the United States
mistook the law Of nations when they set
up rights Of property in fur seals. Ninety
years OF acquiescence attended with no
harm to British people or interests. but
with great benefits to both. is time enough
in which to establish the consent OF Great
Britain that live seals resorting 20 Bering
sea are property. as much so as dead ones
are that are slain by British subjects. But
the acquiescence Of Great Britain Is not
needed TO establish the proposition that
there is property in live seals and that 10
exists ratione soil "
The Senator discussed the last point ana
grouped the assertions by the United States
Of their right of property in the fur seal In
question, while they are alive and without
incident of actual capture, follows:
First. as a right by prescription derived
from Russia and acQuiesced in by Great
Britain; and their usefulness to the govern
ment and the people.
Second. as a right established by law
within its domain that is not impaired by
the necessary and temporary absence OF the
seals in search Of food. either while they
are inhabiting the seal islands. or when
they retreat from them on their winter ex-
cursions into the Pacific ocean.
Third, as a right of property that is the
necessary result Of the habits Of the ami
mails, ana their natural ana compulsory re-
lation to the Pribylof Islands.
Fourth, as a right OF property growing
out of the necessity OF governmental con-
troll OF the fur seals 10 prevent their de-
struction. and the alleged fact that such
control can be efficiently exercised only by
the government whose territory is occupied
by them at their birth, and while they are
their property, ratione impotentia.
Fifth. a right Of property based on
the fact that, with the acquiescence OF all
nations, established by the fact that no OBJ
lection or protest was made or adverse
action was taken by any nation for a Pc
riod of ninety years, an industry was es-
tablished. depending for it's support upon
the preservation of the stock Of fur seals,
which will be destroyed II indiscriminate
pelagic hunting is further permitted
The Right of Prescription.
Recurring to the right OF prescription. the
Senator said;
In the English common law an absolute
title is acquired to any property after II has
been In the open possession OF the occupant
and those holding under him for the period
OF twenty years. This is a rule OF reposs
adopted for the peace OF society. In those
features II is even more useful between ma
tions than * is between individuals. So
potent is this rule that the courts OF both
countries have uniformly declared that any