Daily Kennebec journal., 1897-09-02
Mn. sEIoUE is BssukEp.
Judge Putnam Will Not Stand Any Marsh Grill.
cisms oi unitsd Siaiss.

cisms oi unlied Stalss.
Halifax, N. S.. Sept. 1.-The Behring
sea commission continues its work from
day to day, and although the addresses
OF counsel are necessarily uninterest-
ing to the general public, yet goodly
number attend very session and follow
the arguments of the speakers with
apparent enjoyment. The usual pro-
ceedings was slightly varied, today.
when Mr.. Beique, who was addressing
the commission referred to lack of
good faith on the part Of the United
States in seizing sealing vessels. He
regretted that in further discussing the
subject he might have occasion to use
words which would appear harsh and
offensive, but he wished his words to
be taken in the strictly legal sense, and
as applicable to officers CT the United
States for the time being and not to the
United States themselves. The United
States officers had acted contrary to
the rulings of the secretary Of state and
the claims were not presented in good
faith.
hear that either Great Britain or the
United States have not acted in good
faith, especially to hear any argument
touching the good faith Of the United
States. The convention does not permit
that question to be raised at all.
Mr.. Dickerson-As the matter has
been referred to in the brief, I would
prefer that it be discussed here.
Mr.. Beique-I am referring strictly to
the acts of the officers of the govern
ment and not to the government. 1
shall have occasion to refer to the ar
gument of Mr.. Carter before the Paris
tribunal, when he said that he would
not defend the seizures and my only
purpose is to show that it is a case
where aggravated damages should be
granted.
Mr.. Beique, continuing, said that he
did not desire to be offensive to the
United States and he merely wished to
refer to the facts as they occurred to
support the claim for aggravated dam
ages.
Judge Putnam said he took no excep-
tion to any statement of law offered or
to any raised by the record as to
these acts but he could not sit and
listen to comments on the graciousness
or ungraciousness OF the United States.
Mr.. Beique made an elaborate argu-
ment to establish Great Britain's right
to claim for loss Of prospective catch
He scored the United States for neg
lect on the part of the officials Of that
country regarding seizures made with
out warning to the owners of vessels
engaged in sealing. He argued that
the action of the United States author
tiles in making seizures after that
country had given assurance that none
would be made after the protest of
Lord Salisbury in 1886 aggravated the
case. The tardiness in investigating
the seizures further strengthened tn.
case against the American government.
He also referred to the breech in the
terms of the modus vivendi by which
the United States agreed to hand over
British vessels to England for trial.
There was only one instance. Mr..
Beique affirmed. in which this agree
ment was kept ana n other cases ves-
sells were held in the custody Of the
United States for some months even In
the face of the agreement between the
two governments.
Mr.. Beique claimed that where the
vessels seized proved total loss the
United States brief claimed that it
would have been an easy matter for
the owner to replace his loss. The
speaker Joined issue on this question
and claimed that such an argument
vas absurd, when it was considered
that the season for sealing was limited
and that the scene Of seizure was 1900
miles away. These vessels as well as
those injured by partial loss were
quite competent to recover damage.
Mr. Beique took up the claim made by
the United States of the remoteness Of
the English claim and again Joined
issue with his learned friend. He
quoted to considerable length from
good authorities in support of his ar
gument.
Mr.. Beique, continuing on the ques-
ton of prospective catch, pressed the
view that every owner whose vessel
was seized had q right to consider that
his property would be released and as
the property was detained the owner
was therefore entitled to expect re-
rnuneration for all losses. He then
took up the loss of officers and men
from wages, arrest, imprisonment, and
other hardships and it was claimed
that many instances of similar wrongs
have been largely recovered for.
Mr.. Beique passed rapidly over the
question Of interest and the amount
claimed for costs for the Sayward case
and closed his address of two days by
a quotation from the remarks of the
chief justice of England before the
Paris tribunal. Mr.. Bodwell will be-
gin his address, tomorrow.