The United States appointed as arbitrator Mr John M. Harlan, a justice of the Supreme Court, and Mr John T. Morgan, a member of the Senate. The British arbitrators were Lord Hannen and Sir John Thompson. The neutral arbitrators were the baron de Courcel, the marquis Visconti Venosta, and Mr Gregers Gram, appointed respectively by the president of the French Republic, the king of Italy, and the king of Norway and Sweden. The sittings of the tribunal began in February and ended in August 1893. The main interest of the proceedings lies in the second of the two claims put forward on behalf of the United States. This claim cannot easily be stated in language of precision; it is indicated rather than formulated in the last of the five points specially submitted by the treaty. But its general character may be gathered from the arguments addressed to the tribunal. It was suggested that the seals had some of the characteristics of the domestic animals, and could therefore be the subject of something in the nature of a right of property. They were so far amenable to human control that it was possible to take their increase without destroying the stock. Sealing upon land was legitimate sealing; the United States being the owners of the land, the industry was a trust vested in them for the benefit of mankind. On the other hand, pelagic sealing, being a method of promiscuous slaughter, was illegitimate; it was contra bonos mores and analogous to piracy. Consequently the United States claimed a right to restrain such practices, both as proprietors of the seals and as proprietors and trustees of the legitimate industry. It is obvious that such a right was a novelty hitherto unrecognized by any system of law. Mr J.C. Carter, therefore, as counsel for the United States, submitted a theory of international jurisprudence which was equally novel. He argued that the determination of the tribunal must be grounded upon “the principles of right,” that “by the rule or principle of right was meant a moral rule dictated by the general standard of justice upon which civilized nations are agreed, that this international standard of justice is but another name for international law, that the particular recognized rules were but cases of the application of a more general rule, and that where the particular rules were silent the general rule applied.” The practical result of giving effect to this contention would be that an international tribunal could make new law and apply it retrospectively. Mr Carter’s contention was successfully combated by Sir Charles Russell, the leading counsel for Great Britain.
The award, which was signed and published on the 15th of August 1893, was in favour of Great Britain on all points. The question of damages, which had been reserved, was ultimately settled by a mixed commission appointed by the two powers in February 1896, the total amount awarded to the British sealers being $473,151.26.
(M. H. C.)
BERIOT, CHARLES AUGUSTE DE (1802-1870), Belgian violinist and composer. Although not definitely a pupil of Viotti or Baillot he was much influenced by both. He was very successful in his concert tours, and held appointments at the courts of Belgium and France. From 1843 to 1852 he was violin professor at the Brussels conservatoire. Then his eyesight began to fail, and in 1858 he became blind. His compositions are still often played, and are good, clean displays of technique.
BERJA, a town of southern Spain, in the province of Almeria; on the south-eastern slope of the Sierra de Gádor, 10 m. N.E. of Adra by road. Pop. (1900) 13,224. Despite the lack of a railway Berja has a considerable trade. Lead is obtained among the mountains, and the more sheltered valleys produce grain, wine, oil, fruit and esparto grass. These, with the paper, linen and cotton goods manufactured locally in small quantities, are exported from Adra.
BERKA, a town and watering-place of Germany, in the grand-duchy of Saxe-Weimar, on the Ilm and the Weimar-Kranichfeld railway, 8 m. S. of Weimar. Pop. 2300. It has sulphur baths, which are largely frequented in the summer. Berka was once celebrated for its Cistercian nunnery, founded in 1251. Two m. down the Ilm is the curious castle of Burgfarth, partly hewn out of the solid rock.