32 PROTECTION AND PROPERTY RIGHTS. 



THE RIGHT OF PROTECTION AND OF PROPERTY 

 IN THE ALASKAN SEAL HERD. 



British view of At pages 11 and 135 of the British Case the 



protection and 



property claims, proposition submitted in the fifth question of 

 Article VI, viz, whether the United States have 

 any right of protection or of property in the fur- 

 seals of the Pribilof Islands when found in extra- 

 territorial waters, is described as new in the 

 present discussion and as being of an unprece- 

 dented character ; all of which the United States 

 deny. 

 History of pro- In view of the correspondence which has re- 



tection and prop- . 



erty claims. suited in the submission of the fifth question to 

 arbitration, this declaration is most surprising. 

 As early as August 19, 1887, Mr. Bayard, in his 

 note, sent out with the hope of obtaining the co- 

 operation of all governments in the protection of 

 the seals, speaks of the " exceptional measures 

 which the peculiar character of the property in 

 question" might justify the United States in 

 taking toward its preservation. 1 A similar state- 

 ment was again made by him March 2, 1888. 2 

 Mr. Blaine in- Mr. Blaine, in his note to Sir Julian Paunce- 



sists on right of 



protection. f t e of January 22, 1890, insisted on the right of 



the United States to protect the seals, quite irre- 

 spective of any peculiar rights in Bering Sea. 3 



1 Appendix to Case of United States, Vol. I, p. 168. 



2 Appendix to Case of United States, Vol. I, p. 175. 



3 Appendix to Case of United States, Vol. I, p. 200. 



