130 ARGUMENT OF THE UNITED STATES. 



II.— The Eight of the United States to Protect their Seal- 

 ing Interests and Industry. 



The principal question which the United States Government con- 

 ceives to be presented for the decision of this High Tribunal, is thus 

 stated in the Case of the United States (p. 299) : 



Whether individuals, not subjects of the United States, have a right 

 as against that Government and to which it must submit, to engage in 

 the devastation complained of, which it forbids to its own citizens, and 

 which must result in the speedy destruction of the entire property, in- 

 dustry, and interests involved in the preservation of the seal herd. 



In reply on its part to this question, three propositions of law are set 

 forth by the United States Government in its Case (p. 300): 



First. That in view of the facts and circumstances established by 

 the evidence, it has such a property in the Alaskan seal herd, as the 

 natural product of its soil, made chiefly available by its protection 

 and expenditure, highly valuable to its people, and a. considerable 

 source of public revenue, as entitles it to preserve the herd from 

 destruction in the manner complained of, by an employment of such 

 reasonable force as may be necessary. 



Second. That, irrespective of the distinct right of property in the 

 seal herd, the United States Government has for itself and for its 

 people, an interest, an industry, ami a commerce derived from the legit- 

 imate and proper use of the produce of the seal herd on its territory, 

 which it is entitled, upon all principles applicable to the case, to pro- 

 tect against wanton destruction by individuals, for the sake of the 

 small and casual profits in that way to be gained; and that no part of 

 the high sea. is or ought to be open to individuals, for the purpose of 

 accomplishing the destruction of national interests of such a character 

 and importance. 



Third. That the United States, possessing as they alone possess, the 

 power of preserving and cherishing this valuable interest, are in a 

 most just sense the trustee thereof tor the benefit of mankind, and 

 should be permitted to discharge their trust without hindrance. 



