Concord:

LONDON: AUG. & SEPT., 1893.

CONTENTS.

145

Replies from our French Friends

France and Siam

The Fifth Universal Peace Congress

Our Foreign Correspondence

Correspondence..

Notes

146 148

149

152

154

154

155

156

157

157

158

158

158

158 159

NOTICE.

THE twenty-sixth annual Congress of "THE LEAGUE OF PEACE AND LIBERTY " will be held in the Alabama Hall, Hotel de Ville, Geneva, at nine o'clock a.m. on Sunday, the 24th inst. All friends of Peace will be welcome. The following questions will be discussed:1. Customs and Import Duties in their relations to Peace and Liberty.

2. Ethics in Relation to Politics.

The League invites its friends to prepare written papers on these questions, which should reach Geneva before the 18th inst., and be addressed to the League Office, 41, Boulevard de Plainpalais. The notice is signed by E. Arnaud, President.

THE BEHRING SEA AWARD.

ONCE more, the two great branches of the Anglo-Saxon race have rendered an immense and lasting service to the world. In 1871. they concluded the Treaty for settling the very serious and difficult Alabama dispute; and, last year, a similar Treaty was concluded by them for the settlement of a controversy of equal importance, in reference to "the jurisdictional rights of the United States in the waters of

Behring Sea, and concerning also the preservation of the fur-seal in or habitually resorting to the said sea, and the rights of the citizens and subjects of either country, as regards the taking of fur seals in or habitually resorting to the said waters." We quote the words of the Award.

Let it be remembered that, according to the universal practice of mankind until our own days, such grave differences as to contested claims-more especially such acts as the seizure of ships and crews-would have been settled by disastrous wars. Let it be remembered that, even so late as 1863, a statesman like Earl Russell refused Arbitration, on the ground that "we were the sole guardians of our own honour." Let it he remembered that, in this very case of the Behring Sea dispute, strong objections were made on the plea that arbitrators always decided against England. If we bear in mind these things, we may well rejoice that Law versus Force has again triumphed. Another precedent for the great principle has been won ; and on the 17th of August, 1893, seven distinguished jurists of various nationality arrived at a decision which commands the approval of fair-minded men on both sides of the Atlantic. This, indeed, is an event which calls for the universal gratitude of all civilised nations. It is especially a matter for satisfaction that important doctrines of international law, generally recognised by jurists, and contended for by our representatives, have been affirmed; that substantial justice has been done as regards the claims for losses incurred by the seizure of the sealing vessels; and that due security has been provided for the maintenance of a highly important branch of industry.

Especially satisfactory are the circumstances under which the award was given. We refer to the fact that two American judges sided with their English colleagues on many points. Indeed, on no point was the majority of the Court less than five; and that "on no point, whether of law or of policy-we quote from the Times-has there been any difference of opinion between those Arbitrators who were not immediately interested in the result." These facts should for ever silence the objections that Great Britain never receives justice in an International Court, and that judges are always swayed by national prejudices or the pressure of the public opinion of their respective countries.

Henceforward, then, there must be an end to the persistent declarations constantly made, impossible to secure a reliable and competent and in most influential quarters, that it is Tribunal for the decision of international controversies.

Indeed, this last decision has already worked wonders in the tone of the Public Press, and journals which have hitherto ridiculed or belittled the demands of the peacemakers in

favour of a rational and just settlement of disputes, have emphatically abandoned their former position. Among the most prominent of these converts is the Times, which now declares that "the award from every standpoint is a great triumph for the principle of International Arbitration-the principle on which the hopes of the war-weary world are set." Such an avowal, coming from such a quarter, will convert thousands to this principle of reason and justice, which obscure and faithful men have long advocated. Surely the Dawn is at hand! H. P.

SUMMARY OF RESULTS.

The precise nature of the award is, we venture to think, of infinitely less importance than the fact that Arbitration has gained another victory which will echo through the world, and exercise an everlasting influence for good. Still, as a matter of record, it is our duty to publish a brief summary of the chief results; although these are probably known to the majority of our readers,

By Article VI. of the Treaty, five points were submitted to the Arbitrators "in order that their award might embrace a distinct decision upon each of them." They are as follows :—

1. What exclusive jurisdiction in the sea now known as the Behring Sea, and what exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the cession of Alaska to the United States?

2. How far were these claims of jurisdiction as to the seal fisheries recognised and conceded by Great Britain? 3. Was the body of water now known as the Behring Sea included in the phrase "Pacific Ocean" as used in the Treaty of 1825 between Great Britain and Russia, and what rights, if any, in the Behring Sea were held and exclusively exercised by Russia after said Treaty ? 4. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries in the Behring Sea east of the water boundary in the Treaty between the United States and Russia of the 30th of March, 1867, pass unimpaired to the United States under that Treaty ?

5. Has the United States any right, and, if so, what right, of protection or property in the fur seals frequenting the islands of the United States in Behring Sea when such seals are found outside the ordinary three-mile limit?

As to points One and Two, the Arbitrators found that although Russia had claimed such jurisdiction, she had on remonstrance abandoned it, and that it had not been recognised by Great Britain.

As to point Three, the Arbitrators unanimously decided that Behring Sea was included in the Pacific Ocean, and (with the exception of Senator Morgan) that no exclusive rights were exercised by Russia after the Treaty of 1825.

Mr. Justice Harlan, of the United States, voted against his colleague on this point.

On the Fourth point it was decided unanimously that, on the purchase of Alaska, all Russian rights passed

to the United States.

The Fifth point was, Whether there was a continuing property in the seals when they passed outside the territorial waters; that is, beyond the three miles from the shore, on the ground that they had been bred within United States territory and that they returned there in order to breed. The Arbitrators decided against this claim, declaring that the United States has not any right of protection or property in the fur seals frequenting the islands of the United States in Behring

Sea when such seals are found outside the ordinary three-mile limit.

Thus the great principle of the freedom of the sea has been successfully asserted, and a claim to limit the right of navigation has been rejected.

The Court then proceeded to lay down Regulations which should prevent the extermination of the seals; and it has been provided that none should be killed within sixty miles of the Pribyloff Islands; that there should be a close time in the Behring Sea during May, June, and July; that in sailing vessels only shall sealing be allowed; and that nets, firearms, and explosives be prohibited.

These Regulations are to remain in force until abolished or modified by common agreement, and are to be submitted every five years to a new examination by the Governments concerned.

It is not within our province to judge how far the Victorian and other sealers may suffer from these provisions. Perhaps they bear heavily on them, and are too favourable to the United States. The great object was to preserve a most valuable race of animals from extinction, and that object has probably been effected.

FRENCH OPINION RESPECTING ENG

LAND:

ACTION OF OUR ASSOCIATION.

THE members of our Association know well that one of its leading purposes is to urge men in all counties to examine, in a just and impartial spirit, all international question, as they arise. Especially is it necessary that competent men belonging to any countries between which a serious dispute arises should carefully inquire into all the facts, and communicate freely and fraternally with each other as to the conclusions to be drawn, and the course to be taken, in the interests of absolute justice.

Peace societies have too generally shrunk from actual and practical work of this kind, and have confined themselves to mere general denunciations of war and praise of arbitration. More than this is wanted; and that is-the courageous and honest co-operation of men on both sides to deliver their countrymen from the dangerous misrepresentations and misapprehensions. These are too generally fostered by the public Press everywhere, in order to gratify international hatreds and prejudices, as well as national vanity and false forms of patriotism.

On the occasion of the recent charges made in the French Press against British authorities of fomenting intrigues against French interests in Siam, and on the occasion of the recent outbreak of unfriendly relations between that country and France, our committee followed its usual practice and addressed the following letters. to our esteemed colleagues and friends across the Channel. We considered it all the more necessary to do so because four-fifths of