61 



poon and the gun — deadly Aveai)()ns. The linnter attaclcs evc^ry seal 

 within range of his weapons without discrimination or forbearance. His 

 success depends entirely upon indiscriminate attack and slaughter, for 

 he can do no less than that if he hunts with any success. His forbear- 

 ance, after he has captured his game with seine or hook, may release it 

 aiive if it is found to be under age or size and it will grow to its full 

 size; but capture of the fur-seal in the open sea is sure and instant 

 death, and, as to the herd or species, it is swift and inevitable destruc- 

 tion. 



If this is "free fishing" it is such lishing as no civilized nation would 

 tolerate within its own territory in respect to any fish or wild animal 

 as useful and as helpless as fur seals. No civilized nation that has 

 seal rookeries within its territory has omitted to provide laws for their 

 protection against such hunting to the full extent of its powers. The 

 indiscriminate Jcilling of fur-seals is not, and never will be, sanctioned by 

 the statute latvs of any civilized country. 



This right of indiscriminate slaughter of fur-seals on land and sea 

 can only be traced, and, in this case, has only been traced, as to its 

 origin, to a custom of the savage Indians, who were forced to adopt it 

 as a means of living. It is said to have thus gained its root in the law 

 of nations. Civilized nations that have gained dominion over these 

 savage tribes have taken control of the subject and have reversed these 

 laws of the savages in their application to their civilized subjects, and 

 have forbidden them to enjoy this unrestrained privilege. But, in some 

 instances, they have permitted the savages to continue the i)ractice, 

 because it is confined to short distances from the shores, and is con- 

 ducted with such weapons and in such manner as is not seriously det- 

 rimental to the fur-seal species. Moreover, the fur-seals are a source 

 of food supply and of raiment, to deprive them of which would imperil 

 tlieir existence. It is also cheai)er to permit their slight raids on the 

 fur-seals than it would be to feed and clothe them. 



Finding this right, of savage origin, thus forbidden or restrained by 

 the municipal laws of all nations interested in the subject, and that the 

 uniform course and current of public opinion of the nations is directed 

 to this end for the purpose of preserving the fur seal species, are we to 

 conclude, in the absence of any direct or conclusive rule of interna- 

 tional law, that there is a principle or rule to be found in the laws of 

 nations that sustains and upholds the unrestrained right as it existed 

 among the savages to hunt or fish for fur-seals iu the open sea in a 



