69 



the snpreino logisilatnre csfnWislies property in fnr-scals and appropri- 

 ates it to the United States while the seals are living and without the 

 necessity of capturing- them. When this in'operty is found outside the 

 limits of the jurisdiction of the United States the question arises for 

 the tirst time as to how far the people of other countries are bound to 

 respect the title asserted by the United States. As to the peoi)le of the 

 United States, they are bound to respect this title of their Government, 

 if so required by law, where\'(^r their allegiance binds them, and the 

 law does bind them to respect the property of the United States^ wher- 

 ever it may be found. 



^o rule, code, or system of law, munici[»al <n- international, is pre- 

 scribed or alluded to iu the treaty as the guide of the tribunal iu 

 determining any question submitted to them. 



The only allusion that is nnule in the treaty to laws or jurisprudence 

 is that the Arbitrators " should be jurists of distinguished reputation 

 in their respective countr'os." This requirement, as well as the nature 

 of the subject, questions, and points submitted to the tribunal for exam- 

 ination, is a sufficient indication that where the recognized principles of 

 international law or the municipal laws of the respective countries 

 furnish a basis and guide to ascertain and admeasure the rights of the 

 respective treaty powers, they shall be followed. But if there are 

 not such precedents and enactments the declaration of their respective 

 rights, outside the limits of their exclusive jurisdiction, is within the 

 competence of the tribunal, and also the declaration of tlieir duty 

 concerning the xu'otectiou and preservation of the fur-seals iu question. 



The United States assert their right of jjroperty m the fur-seal in 

 question while they are alive and without the incident of actual caj)- 

 ture : 



First, as a right by prescription derived from Hussia, and acquiesced 

 in by Great Britain; and their usefnlness to the Government and the 

 people. 



/Second, as a right established by law within its domain, that is not 

 impaired by the necessary and temporary absence of the seals in search 

 of food, either while they are inhabiting the seal islands, or when they 

 retreat from them on their winter excursions into the Pacific Ocean; 



Third, as a right of property that is the necessary result of the 

 habits of the animals, and tlieir natural and compulsory relation to the 

 Pribiloff" Islands; 



Fourth, as a right of proi^erty growing out of the necessity of gov- 



