ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 9 



to any diminution in the numbers of the herd; and it was only in the 

 year 181)0, or a lew years prior to that time, that a diminution in tlie 

 numbers of the herd was tirst observed. Tliis diminution was at that 

 time attributed to causes of which I sliall presently say something'. 



Such was the industry established by the United States. It was a 

 very benelicial industry — beneficial, in the first instance, to herself. 

 She had adopted the practice of leasing these islands upon long 

 terms — twenty years — to a private corporation; and those leases con- 

 tained an obligation to pay a large annual sum in the shape of a rev- 

 enue tax, and a gross sum of some $00,000 as rent. In addition to that, 

 the lessees were required by the terms of the lease to pay to tlie United 

 States Government a certain sum upon every seal captured by them, 

 which of course resulted in the enjoyment by the United States of a 

 still larger revenue. It was beneficial to the lessees, for it is to be su])- 

 posed, and such is the fact, that they were enabled to make a profit, 

 notwithstanding the large sums they were compelled to jiay to the 

 United States (rovernment, ui)on the sealskins secured by them. But 

 while it was profitable to the tFnited States and j^rofitable to the lessees, 

 I may say — and this is what at all times I wish to impress upon this 

 Tribunal — it was still more important and beneficial to the world at 

 large. The fur-seal is one of the bounties of Providence, bestowed, as 

 all the bounties of Providence are, upon mankind in general, not for 

 the benefit of this particular nation, or that iiarticular nation, but for 

 the benefit of all; and all the benefit, of course, which mankind' can 

 get from that blessing is to secure the annual taking, use and enjoy- 

 ment of the increase of the animal. That is all they can obtain from 

 it. If they seek to obtain more, it is an abuse of the blessing, involv- 

 ing destruction, necessary destruction, and they soon deprive them- 

 selves of the benefit altogether. 



This, therefore, was the benefit to mankind which was made possible, 

 and which was enjoyed by mankind by this particular mode of dealing 

 with the fur-seals which had been established and carried on upon the 

 Pribilof Islands. Mankind received the benefit of the entire annual 

 increase, and at the same time the stock was perpetually preserved 

 and kept from any sort of peril; and in that benefit the citizens of the 

 United States enjoyed, of course, no advantage over the rest of the 

 world. The whole product of the herd was contributed at once to com- 

 merce, and through the instrumentality of commerce was carried all 

 over the world to those who desired the sealskins; wherever they might 

 be on the face of the globe, and whatever nation they might inhabit; 

 and they got them upon the same terms upon which the citizens of the 

 United States enjoyed them. This contribution of the annual i^roduct 

 to the purposes of commerce, to be dealt with as commerce deals with 

 one of its subjects, of course amounted substantially to putting it up 

 at auction, and it was awarded to the highest bidder, wherever he 

 might dwell. 



The effect of this was, also, as we shall have occasion to see in the 

 course of this discussion, to build up and maintain an important indus- 

 try in Great Britain. It was there that the sealskins were manufactured 

 and prepared for sale in the market, and thousands of people were 

 engaged in that industry, many more, indeed, than were engaged in 

 the industry of gathering the seals upon the Pribilof Islands. That 

 particular benefit was secured to Great Britain in consequence of this 

 industry. 



In the few years preceding 1890, the Government of the United States 

 was made aware of a peril to the industry which had thus been estab- 



