PROPERTY IN THE ALASKAN SEAL HERD. 59 



religious precept, for the violation of which man is responsible only to 

 his Maker, and of which human law takes no notice. The truth is far 

 otherwise. This precept is the basis of much municipal law, and has 

 a widely-reaching operation in international jurisprudence. There arc 

 two propositions belonging to this part of our inquiry, closely connected 

 with each other, to which the attention of the Arbitrators is particularly 

 invited. They will be found to have a most important, if not a wholly 

 decisive, bearing upon the present controversy. 



First. No possessor of property, whether an individual man, or a 

 nation, has an absolute title to it. His title is coupled with a trust for 

 the benefit of mankind. 



Second. The title is further limited. The things themselves arc not 

 given him, but only the usufruct or increase. He is but the custodian 

 of the stock, or principal thing, holding it in trust for the present and 

 future generations of man. 



The first of these propositions is stated almost in the language em- 

 ployed by one of the highest authorities on the law of nature and na- 

 tions. Says Puffendorf, "God gave the world, not to this, nor to that 

 man, but to the human race in general." 1 The bounties of nature are 

 gifts not so much to those whose situation enables them to gather them, 

 but to those who need them for use. And Locke, u God gave the world 

 to men in common." 2 If it be asked how this gift in common can be 

 reconciled with the exclusive possession which the institution of prop- 

 erty gives to particular nations and particular men, the answer is by 

 the instrumentality of commerce which springs into existence with the 

 beginnings of civilization as a part of the order of nature. Indeed it 

 is only by means of commerce that the original common gift could 

 have been made effectual as such. Every bounty of nature, how- 

 ever it may be gathered by this, or that man, will eventually 

 find its way, through the instrumentality of commerce, to those who 

 want it for its inherent qualities. It is for these, wherever they 

 may dwell, that it is destined. Were it not for these the bounty 

 would be of little use even to those whose situation enables them 

 to control it and to gather it. But for commerce, and the ex- 

 changes effected by it, the greatest part of the wealth of the world 

 would be wasted, or unimproved. 1 * The Alaskan seals, for instance, 



1 Law of Nature and Nations. Book iv, Chap, v, sec. 9. 



2 Civil Government, Chap, v, § 34. 



3 " Wherewith accords that of Libanins, God, saith he, hath not made any one 

 part of the world the storehouse of all his blessings, but hath wisely distributed 



