6 OEAL ARGUMENT OF JAMES C. CARTER, ESQ. 



question of property to the extent only to which it seems to me that it 

 may be pertinent to that snbject. The general and direct discussion 

 of the question of regulations I shall endeavor carefully to separate 

 from the rest of my argument. 



In the discussion, Mr, President, of the questions which the Tri- 

 bunal is to determine it seems to me that it will be important in the 

 first place that the arbitrators should have before them some sketch, 

 as brief and concise as possible, of the subject matter of the contro- 

 versy, of the particular occasions out of which it grew, and the suc- 

 cessive stei)S tlirough which it has from time to time passed, until it 

 has reached the stage at which we now find it. The learned arbitra- 

 tors will, I think, thus be able to breathe the atmosphere, as it were, 

 of the case; to approach the questions as the parties themselves 

 approached them, and thus be able to better understand and appre- 

 ciate their respective contentions. 



This, therefore, will be my apology, if apology were needed, for 

 endeavoring to lay before you an outline as concise as I shall be able 

 to make it, of the controversy from the beginning, before proceeding to 

 <liscuss the particular questions Avhicli are to be submitted to you for 

 decision. 



The case has reference to the great fur-sealing interests which are 

 centered in Bering Sea and in the waters which adjoin that sea. Those 

 interests began to assume importance something like a century ago. 

 During most of the 18th century, as all are aware, the efforts and 

 ambitions of various European powers were directed towards the taking 

 possession, the settlement, and the colonization of the temperate and 

 tropical parts of the American continent. In those efforts, Russia 

 seems to have taken a comparatively small part, if any part at all. 

 Her enterprise and ambition were attracted to theseNorthern seas — seas 

 which border upon the coast which in part she already possessed — the 

 Siberian coast of Bering Sea. From that coast explorations were matle 

 by enteri:)rising navigators belonging to that nation, until the whole of 

 Bering Sea was discovered and the coasts on all its sides explored. 

 The Aleutian Islands, forming its southern boundary, were discovered 

 and explored, and a part of what is called the JS^orthwest Coast of the 

 American continent, south of the Alaskan Peninsula, and reaching 

 south as far as tlie oith or oOth degree of north latitude was also vis- 

 ited by Russian navigators and establishments were formed upon it in 

 certain places. The great object of Russia in these enterprises and 

 explorations was to reap for herself the sole profit and the sole benefit 

 which could be derived from these remote and ice-bound regions; 

 namely, that of the fur-bearing animals whivh inhabited them and 

 which were gathered by the native inhabitants. To obtain for herself 

 the benefit of those animals and of the trade with the natives who 

 were engaged in gathering them constituted the main object of the 

 original enterprises prosecuted by Russian navigators. They had at 

 a very early i)eriod discovered what we call the Commander Islands 

 on the western side of the Bering Sea, which were then as they are 

 now, one of the principal resorts and breeding places of the fur-seals. 

 They were carrying on a very large, or a considerable, industry in 

 connection with those animals upon those islands. 



Prior to the year 1787 one of their navigators, Capt. Pribilof, had 

 observed very numerous bodies of fur-seals making their way north- 

 ward through the passes of the Aleutian chain. Whither they were 

 going he knew not; but, from his knowledge of the habits of the seals 

 in the region of the Commander Islands, he could not but suppose that 



