FUR-SEAL ARBITRATION.

ARGUMENT

OF

THE UNITED STATES

BEFORE THE

TRIBUNAL OF ARBITRATION

CONVENED AT PARIS

UNDER THE

PROVISIONS OF THE TREATY BETWEEN THE UNITED
STATES OF AMERICA AND GREAT BRITAIN,
CONCLUDED FEBRUARY 29, 1892.

WASHINGTON, D. C.:
GOVERNMENT PRINTING OFFICE.

1893.

515

JX 238

F82

1573

TABLE OF CONTENTS.

FIRST.

What law is to govern the decision..

Appendix to part first (Mr. Carter's argument)..

Citations from writers upon the law of nature and nations, showing

the foundation of international law, its relations to the law of

nature, and the sources from which the knowledge of it is to be

derived.....

SECOND.

The acquisition by Russia of jurisdictional or other rights over Bering Sea

and the transfer thereof to the United States....

Page

1-9

10-26

10

27-40

THIRD.

The property of the United States in the Alaskan seal herds, and their right

to protect their sealing interests and industry......

41-107

I. The property of the United States in the Alaskan seal herd

41

The form of the institution-community and private property.

Ownership not absolute......

57

58

Summary of doctrines established....

68

Application of the foregoing principles to the question of pro-

perty in the Alaskan herd of seals...

69

Principal facts in the life of the fur-seal..

199

75

Appendix to part third, division I (Mr. Carter's argument) ........ 108-129

Authorities upon the subject of property in animals, feræ naturæ

108

II. The right of the United States to protect their sealing interests and

industry....

SIXTH.

Summary of the evidence.

I. The general nature and characteristics of the fur seal.................................

II. The difference between the Alaskan and the Russian fur-seals......

A. The herds are different

B. The Alaskan does not mingle with the Russian herd..............

C. The Alaskan fur-seals have but one home, namely, the Pribilof

Islands. They never leave this home without the animus

revertendi, and are never seen ashore except on those islands..

Page.

228-313

230

232

233

241

249

III. Movements of the seals after the birth of the young

IV. The entire office of reproduction and rearing of young is and must

be performed on land

251

254

V. The pup is entirely dependent upon its mother for nourishment for

several months after its birth

The cows will suckle their own pups only, and the suckling is

done on land.

261

VI. The cows, while suckling, go to the sea for food, and sometimes to

distances as great as 100 and 200 miles, and are during such

excursions exposed to capture by pelagic sealers...

266

VII. Death of the cow causes the death of the pup

269

VIII. The fur-seal is a polygamous animal, and the male is at least four

times as large as the female. As a rule, each male serves

about fifteen or twenty females, but in some cases as many

as fifty or more (Case of the United States, p. 327) ...

IX. Destruction by pelagic sealing and its extent-the remedy proposed

286

by the British Commissioners-the true and only remedy con-

sists in absolute prohibition of pelagic sealing..

295

SEVENTH.

Points in reply to the British Counter Case........

314-327

WASHINGTON, February 23, 1893. SIR: We have the honor to hand you herewith the argument prepared by us as counsel of the United States, in order that in pursuance of Article V of the treaty between the United States and Great Britain, of 29th February, 1892, it may be presented to the Tribunal of Arbitration constituted by that treaty.

Very respectfully, your obedient servants,

Hon. JOHN W. FOSTER,

Agent of the United States.

E. J. PHELPS.

J. C. CARTER.

H. M. BLODGETT.

F. R. COUDERT.