77 



I understand tlie treaty to make it the duty of the tiiluiunl to con- 

 sider the entire subject, in the light of the desire of the two nations to 

 l)rotoct and preserve the fur seals, and to have it determined whether 

 the United States lias the right and power to deal, single-handed, with 

 th.o subject of proper regulations to protect and preserve the seal herd. 



In this view, the attitude of the two governments towards the inqui- 

 ries submitted to the tribunal is special and exceptional, and this is 

 evidently a cardinal feature in the cases submitted to the tribunal. 

 JS^o other such situation ever existed, or ever can exist, between two 

 nations and it must be x)rovided for, if at all, by a special award, upon 

 special facts, and not merely by seeking analogies in the decision of ques- 

 tions, in municipal courts and between private litigants, about wild 

 animals as to which a private right of property is in question. In either 

 view of the subject, the right of property in fur seals is well founded. 

 The rule of the common law, and the Roman law, as to the acquisition 

 of property in animals that nveferw naturcc, when applied to fur seals, 

 show conclusively that these animals are capable of specific ownership 

 while living. 



This is a great iDublic matter that has engaged the attention of two 

 Governments, and all their geographical, industrial, maritime, and gov- 

 ernmental relations enter into the proper consideration of the questions 

 submitted to the tribunal. The peace between the nations is also a 

 grave consideration for the tribunal, as well as the eflect of the award 

 upon the interests of Eussia and Japan. The power to ordain regula- 

 tions and to make them an essential part of the treaty is so interlaced 

 with questions that are judicial, as to give to the powers of the tribunal 

 and the award that it shall make, only such eflect as the treaty pro- 

 vides — an eifect peculiar to this case and not such as follows the judg- 

 ment of a court. 



When the fur seals are properly protected and preserved by the award 

 of this tribunal, the purpose of its creation Avill have been accom- 

 plished and the full limit of its duties will have been reached. Then the 

 appeal of these two great powers to other nations, to accept the award, 

 will contain no assertion that the award is a correct finding u])on the 

 international law, to which all nations are bound, without convention, 

 but an affirmation that it is a just and salutary arrangement, reached 

 by treaty, and suited to the purpose, in the Paeific Ocean and in all 

 other seas, of preserving seal life and of restoring it to its condition 

 before it was so nearly destroyed in the Antarctic Ocean, and so 

 seriously threatened with extermination in the iJ'orth Pacific Ocean. 



