174 ARGUMENT OF THE UNITED STATES. 



can not be too clearly kept in view, that the duty requested of this High 

 Tribunal is not the discussion of abstract theories, nor the establish- 

 ment of propositions applicable to cases not before it, nor the determi- 

 nation of diplomatic controversies that have longceased to be material 

 The question, and the only question to be decided, is whether the own- 

 ers of the Canadian vessels engaged in the destruction of the seals in 

 Bering Sea, have an indefeasible right as against the Government of 

 the United States, upon the circumstances of this case, to continue such 

 destruction, at the times, in the places, in the manner, and with the 

 consequences shown by the evidence. That question is neither tech- 

 nical nor scholastic, nor does it depend upon finespun reasoning or rec. 

 ondite learning. It is to be regarded in the large and fair minded 

 view which accords with the dignity of the parties to this controversy, 

 the character of the Tribunal to which they have submitted it, and a 

 just deference to that opinion of civilized mankind which is the ulti- 

 mate criterion of international law, and the final arbitrator in all inter- 

 national disputes. Surveyed in this light, upon its just and actual 

 facts, and looking at it as it stands apparent to the world, what are its 

 proposals, when fairly and simply stated? Let the leading facts before 

 stated, be recapitulated. 



Here is a herd of amphibious animals, half human in their intelli- 

 gence, valuable to mankind, almost the last of their species, which from 

 time immemorial have established their home with a constant animus 

 revertendi on islands once so remote from the footsteps of man, that these, 

 their only denizens, might reasonably have been expected to be per- 

 mitted to exist, and to continue the usefulness for which the benefi- 

 cence of the Creator designed them. Upon these islands their young 

 are begotten, brought forth, nurtured during the early months of their 

 lives, the land being absolutely necessary to these processes, and no 

 other land having ever been sought by them, if any other is in fact 

 available, which is gravely to be doubted. 



The Russian and United States Governments, successively proprie- 

 tors of the islands, have by wise and careful supervision cherished and 

 protected this herd, and have built up from its product a permanent 

 business and industry valuable to themselves and to the world, and a 

 large source of public revenue, and which at the same time preserves the 

 animals from extinction, or from any interference inconsistent with the 

 dictates of humanity. 



It is now proposed by individual citizens of another country, to lie 



