196 ARGUMENT OF THE UNITED STATES. 



effect. It is not said that they are to be regulations of pelagic sealing. 

 They are regulations " outside of the jurisdictional limits of the respect- 

 ive governments," and "for the proper protection and preservation of 

 the fur-seal." 



We are thus brought to the main question : What regulations are ne- 

 cessaryf This depends upon a consideration of the nature and habits of 

 the seals, the perils to which they are exposed, the causes which oper- 

 ate to diminish their numbers and prevent their reproduction, and the 

 contrivances calculated to be most effectual to prevent the operation of 

 those causes. It will be at once perceived that such a discussion must 

 be, in great part at least, a simple repetition of that already gone 

 through with upon the question of the claim of a property interest. 

 This comes from the circumstance, which we trust has been made suf- 

 ficiently manifest, that the institution of property is but the result of 

 the solution by society of very much the same question which we are 

 now proposing to enter upon. Human society has had before itself 

 repeatedly or rather constantly, from its first beginnings, this same 

 question — what regulations arc necessary to preserve the useful races of 

 animals — and the uniform solution has been to devise and adopt that 

 particular class of regulations, which, taken together and enforced, con- 

 stitute the institution of private property and its attendant safeguards, 

 so far as that expedient is possible and effectual to the end; and it has 

 been found thus possible and effectual in the case of all those animals 

 which voluntarily so far subject themselves to human controlas to enable 

 their masters to appropriate the increase without destroying the stock. 

 In respect to those races which can not be subjected to human control 

 the solution has been to devise that class of regulations simply restrict- 

 ive of slaughter, of which ordinary game laws are the types. 



Inasmuch as it is indisputable that the fur seals of Alaska are ani- 

 mals which submit themselves to human control, so far as to enable the 

 proprietors of the soil to which they resort to take for human use the 

 utmost increase without destroying the stock, the question what regu- 

 lations are necessary for their proper protection and preservation is at 

 once and finally answered. There is but one regulation needed ''out- 

 side the jurisdictional limits of the respective governments," and that 

 is that all pelagic sealing by the citizens of either nation be absolutely 

 prohibited. Unless the uniform experience of human society from the 

 earliest times in respect to such classes of animals is not likely to be 

 repeated, or unless it seem probable that this Tribunal has the wisdom 



