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breeding grounds; by wliat autlionty does the United States interfere 

 with the niovenicnts of the subjects of other countries on the high 

 seas, and by tlie use of force prevent them from taking these animals 

 while they are beyond the jurisdictional limits of that country?" 



This question proceeds upon the ground — propounded, not, indeed, in 

 words, but, in effect, by the argument of counsel — that, without support 

 from treaties or conventions between the maritime nations of the world, 

 the United States is powerless, undei- the law of nations, to preserve the 

 industry established and maintained by itat the Pribilof Islands against 

 the lawless acts of individuals upon the high seas. These acts are so 

 characterized, because the killing of these fur seals in the high seas, 

 as now practiced, wliere no discrimination as to sex is possible, and 

 when the extermination of the race will be the inevitable result of such 

 killing, is forbidden by every consideration of humanity, reason, and 

 justice. And, in view of the facts disclosed by the record, it is clear 

 that the killing of these animals by pehigic sealers, while they are in 

 the high seas, on their migration-route, is as certainly destructive of 

 the industry maintained by the United States at the Pribilof Islands 

 as if the X)elagio hunters came personally to the islands^ during the breed- 

 ing season^ and engaged' therein the indiscriminate slaughter of the ani- 

 mals, without regard to their sex or age. 



That the United States can rightfully contr<d the killing of these 

 animals both on the Pribilof Islands and witliin its territorial waters will 

 not be disputed. This much, all admit, may be done in virtue of its 

 sovereignty over such country and waters. But as the important 

 industry maintained on the islands can be preserved only by preventing 

 tiie destruction of these animals after they have passed beyond terri- 

 torial waters into the high seas, n-ith the intention of returning to 

 their breeding grounds the succeeding spring and summer, does not 

 the right of self-protection or self-preservation, which belongs to every 

 independent luxtion, entitleit to protect these animals while temporarily 

 absent from their land home ? Vattel says : " In vain does nature prescribe 

 to nations, as well as to individuals, the care of self-preservation, and 

 of advancing tlieir own perfection and happiness, if she does not give 

 them aright to preserve themselves from everything that might render 

 this care ineffectual. * * * K very nation, as well as every man, has, 

 therefore, aright to prevent otlier nations from obstructing her preser- 

 vation, her perfection, and hap[)incss — tliat is, to preserve herself from 

 all injuries; and tliis right is a perfect one, since it is given to satisfy 

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