^IQ ORAL ARGUMENT OF CHRISTOPHER R0BIN80N, Q. C. 



but, according to our friends' case the only regulation admissible istlie 

 one they suggest. 



The President. — We are supposed to be dealing with them as rea- 

 sonable persons who li a ve conducted themselves reasonably to take care 

 of the husbandry. If they do not, you would want Eegulations for the 

 husbandry. 



Mr. EoiJiNSON. — That must be obvious. 



Senator Mougan. — I suppose we are dealing also with the question 

 of the ijreservation and protection of the seal race. 



Mr. KoBiNSON. — Unquestionably. But against what are you protect- 

 ing it? 



Senator Morgan. — Against all animals which have power to destroy. 



Mr. KoBiNSON. — And not as against people who exercise riglits waste- 

 fully and excessively or unreasonably? Why are they to d(^ so? 



Senator Morgan. — Upon that, if you ask me the question, I would 

 suggest this. 



Mr. Kobinson. — I am not asking the question in that view sir. 



Senator Morgan. — I would suggest that the right of fur sealing or 

 any other rights on the ocean, are in the nature of easements ratlier 

 than in the nature of qualities and rights. 



Mr. Kobinson. — Just the same it is an easement on the Island with 

 reference to the seal — nothing more and nothing less. 



Senator Morgan. — Hardly, when according to the doctrine of ra^/owe 

 soli in the law of your country and mine, a man may be the owner of 

 proi)erty that is found upon it. 



Mr. Kobinson. — Ko, with great deference, not. You can take the 

 property, but you are not the owner. You have an easement which 

 consists in the right to take it first before anybody else; but I am not 

 going back into that question of property. 



The President. — I think we have heard plenty about it. 



Mr. Kobinson. — I think so, sir. 



Senator Morgan. — So do I, but I always supposed the rights ratione 

 soli to be positive rights. 



Mr. Robinson. — Tbey are subject sometimes. 



Senator Morgan. — They are subject to being modified, but the condi- 

 tion subject to which the title exists is a positive right. 



Mr. Robinson. — A very positive right or easement, if you can take 

 as many seals as you can get, and own them when you get them. 



Senator Morgan. — As much as a tree on a man's land is an easement. 



Mr. Robinson. — You understand, Mr. Senator, that I am not respon- 

 sible for the law. If I am told it is not the law I have nothing now to 

 say. If it is the law, I did not make it; and beyond all doubt it is 

 the law. 



Senator Morgan. — I was merely referring to the general character of 

 the rights and privileges of sovereigns equally and their subjects and 

 citizens upon the high seas in respect of some of the privileges of the 

 high seas, that they may be classed as easements. 



Mr. Robinson. — I do not care what they are classed as — we have a 

 right to them. 



I am arguing upon the assumption that you have given us a right to 

 them. If you have not there is an end to it. This argument proceeds 

 entirely upon the hypothesis that pelagic sealing is the exercise of a 

 lawful right — ;iust as lawful and as much a right as the right of the 

 owners of the Islands to kill the seals on the islands. 



Senator Morgan. — It is only a different question so far as it extends. 



Mr. Robinson. — As far as it extends, and it extends as far as we know 

 without limitation. If it is a lawful right there is no limit to it. 



