ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 563 



teiKling. lu iiiaiiy passages of my learned frieucl Mr. Carter's speecli, 

 be indicated that we Avere morally wroii<;' in contending for the right 

 of our nationals to shoot seals npon the high seas, and in many of the 

 passages of the \Yritten Argnment my learned friends have declined to 

 recognize the right of catching, fishing, shooting, — I care not what 

 word be given to it; probably capturing seals is the best word to give, — 

 upon the high seas as being a right at all. Our position is this. Sir; 

 that, apart from Treaty, a])art from agreement l)etween nations, the 

 subjects of all cannot be restrained and restricted in the exercise of 

 their natural rights, the right of catching wild animals upon the high 

 seas, be they whales, be they seals, be they sea-otters, be they porpoise, 

 turtles, walrus or fish; for that is one of the natural rights that all 

 nations equally enjoy. 



My learned friend the Attorney General cited a few of the leading 

 authorities on tl)is point. Probably it will be sufficient for my purpose 

 if I enumerate them to you. Chancellor Kent, Heftter, Martens, Whea- 

 ton. Manning. If my learned friends desire the actual references, or 

 if the Tiibunal desire the references, I will give them. It will be per- 

 haps of some little assistance if I do so. In Heftier, the passage which 

 I should desire to direct the attention of the Tribunal to is at page 149. 



Mr. Justice Harlan. — What edition? 



Sir lliciiABD Webster. — The third edition revised and enlarged by 

 the author. Martens, "Traite de Droit international", page 11)7. There 

 appears to be only one edition, published in Paris in the year 1883. 

 Manning I should cite from the edition of 1875, the one edited by a 

 gentleman no longer living — a most distinguished lawyer — Mr. Sheldon 

 Amos; I cite from page 111) of that edition. Chancellor Kent I cite 

 from tlie edition of 1878 edited by Mr. Abdy at page "J7 — Kent's Com- 

 mentaries on International Law. Chancellor Kent's own words, (not 

 Mr. Abdy's) are these : 



The opeu sea is not capable of beins possessed as private property. The free use 

 of the ofcaii for navigation anil fishing is common to all mankind and the pnblic. 

 .Jnrists generally and explicitly deny that the main ocean can ever be appropriated. 

 The subjects of all nations meet there in time of peace on terms of equality and 

 independence. 



Those are Chancellor Kent's own words. It must not be thought 

 that I am not reading the other passages because they are not equally 

 pertinent, but it is out of regard to the Tribunal looking to the time I 

 have occupied. I merely read that passage, because I understood the 

 Tribunal desired to know from what particular book of Chancellor 

 Kent's I was reading and whether it was his language. 



Mr. Justice Harlan. — I never saw that book before. I suppose what 

 is in that book is in the first volume. 



Sir Richard Webster. — This is Kent's Commentaries on Interna- 

 tional Law, which I believe forms one of the volumes of his Commen- 

 taries. 



Mr. Phelps.— It forms part of the first volume. 



Sir EiCHARD Webster.— That is my recollection exactly. It forms 

 the opening 300 or 400 pages of one of'^the first volumes of Chancellor 

 Kent's book. Then Sir Travers Twiss' work on " The Law of IS^ations 

 in Time of Peace". I read from the edition of 1884 by Sir Travers 

 Twiss at page 285. Sir, these authorities might have been multiplied 

 to a much larger extent. I do not know among the authorities cited 

 by my learned friend any which in any way conflict with my conten- 

 tion. In fact, my friends ]mt their case on narrower grounds and on 

 different principles; but there is one to which I wish to call attention 



