232 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



]\rr. Caeter. There is uo sealing by boats on tlie coast from the 

 American territory, I think; because tliere are no Indians, I tliink, on 

 American soil who are given to that pursuit. 



JMr. Justice Harlan. When you speak of boats you mean canoes'? 



The President. Yes; I understand that. 



Mr. Carter. I am told there is one tribe of Indians, at least, the 

 Makah Indians, who are on American territory, who do practice seal- 

 ing in boats to a greater or less extent. There may be others. 



Let me say in concluding my argument u])on this question of prop- 

 erty — and I am about to conclude it now, that I have endeavored to 

 put the case of the Government of the United States upon no selfish 

 1 easons or grounds, but upon grounds whi(;h interest alike the whole 

 world. I have not put this property in seals as the peculiar pro])erty 

 of the United States, in the selfish sense of property, but as a property 

 which mankind is interested to have awarded to the United States; all 

 mankind having a right to enjoy, all mankind seeking to enjoy them; 

 but absolutely limited in the enjoyment to one method, and that is by 

 employing the instrumentality of the United States in this husbandry 

 \\[\(m the Pribilof Islands. 



The President. You do not state that it is absolute property. How- 

 ever, you state that it is i)roi)erty in the sense of article 6, do you? 



Mr. Carter. It is property in the sense th;it thej are entitled to the 

 exclusive custody and management of it and to prevent any interfer- 

 ence with it from any quarter and to the direct profits of it; but when 

 I speak of the beneficial enjoyment, I mean the interest of the whole 

 world. 



The President. So according to your view, in this number five, 

 "Has the United States any right, and if so, what right of property" 

 property here would be qualified property. 



Mr. Carter. I shall not leave that question indisposed of. It does 

 not come up at this point in my argument; but if the learned President 

 is disposed and will give me a distinct (question — 



The President. If it comes in at another time, I shall be satisfied. 



Mr. Carter. It will come in time. We ask for nothing here which 

 is not equally for the interest of all nations. We ask for nothing that 

 is going to injure anybody. We ask only for that which enables the 

 world to enjoy the benefits of this property; and to grant what we ask 

 takes nothing away from anybody, not even from these pelagic sealers, 

 except the pursuit of an occupation of doubtful profit for a few years. 

 In the allotment between the different nations of the world, of the vari- 

 ous advantages which the earth afitbrds, this particular one happens to 

 fall to the United States. It is their duty to improve it and make it 

 productive. The performance of that duty will indeed be profitable to 

 them, and rightfully so; and nobody ought to grudge them that. But 

 it will be equally advantageous to the whole world, and all they ask is 

 for an international Tribunal, representing the whole world, to award 

 them the unembarrassed opportunity of doing it. They have done it 

 in the past. They are capable of doing it in the future, if permitted to 

 do it by the abstinence of the rest of mankind from a destructive pur- 

 suit of the animal. That is all they ask. 



Assuming the right of property in this herd to be established in the 

 United States, the next question is what right she has of defending and 

 protecting herself in the enjoyment of that property. But, as I am to 



