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case, under tlie orders of a court luiving jilennry powers. This tribu- 

 nal has no such powers, but must decide each case, as it is stated 

 and submitted, upon its merits. 



The simplest analysis of the cases, to which all other questions are 

 merely incidental, is this: that Great Britain claims for its subjects the 

 unlimited, unrestricted, and unqualified right of hunting and killing 

 fur seals of all ages, sexes, and conditions at any ])lace in Bering Sea 

 and in the North Pacific Ocean, that is outside the ordinary territorial 

 limit of 3 miles from the islands and coasts of the United States. That 

 is the entire claim of Great Britain, as it is submitted to this tribunal 

 in the British case. 



The United States claim the ownership of the fur-seals that arc in, 

 or that habitually resort to Bering Sea, and the right to protect 

 them wherever they are found, outside the territorial limits of Great 

 Britain. The tribunal should, in my opinion, have taken up these cases 

 separately and have decided them, giving due consideration to the ob- 

 jections raised in the couuter case of either i^arty to the case of the other 

 party. The decision of the rights claimed in either case, does not, nec- 

 essarily, dispose of the rights that are claimed in the case of the other 

 party. A decision ihat the United States has the ownership of the seals 

 or the herd of seals does not afhrm its power to extend its statutes into 

 the Pacific Ocean and enforce them there against the subjects of Great 

 Britain in any and every case of trespass ui)on that property that may 

 occur, or may have occurred, even recently and \i])on hot pursuit of the 

 offender. 



Neither would a decision to the contrary entitle the subjects of Great 

 Britain, or of the United States, to hunt fur seals, up to the borders of the 

 Pribilof Islands, in such force, and by such methods as would seri- 

 ously endanger, disturb, or thieaten the industry and the revenue 

 system that the United States has established there for the purpose 

 of maintaining government on the islands and of encouraging the 

 natives there in earning a support and in raising themselves to better 

 conditions. 



It is claimed here, as it was claimed in the arguments of counsel for 

 Great Britain, that the right of ]ielagic sealing exists, as to fur seals, 

 under tlie inteinational law, in favor of the subjects of Great Britain, 

 and also in favor of the citizens of the United States, without any restric- 

 tions whatever. Tluit no conditions of time, or manner of hunting the 

 seals, or as to the age, sex, or other condition of the animals, or as to the 



