Fur Seal Arbitration: Argument of the United States Before the Tribunal of Arbitration Convened at Paris Under the Provisions of the Treaty Between the United States of America and Great Britain, Concluded February 29, 1892 |
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Page 21
... habit- ually and generally observed add to it what is termed a custom which forms the rule of international conduct and from which flows on one or the other side positive rights ( adroits ) . The binding force of custom is founded on ...
... habit- ually and generally observed add to it what is termed a custom which forms the rule of international conduct and from which flows on one or the other side positive rights ( adroits ) . The binding force of custom is founded on ...
Page 22
... habit of discovering the will of the supreme legislator by reason , and of apply- ing it as a rule to every particular case that occurs . Now , because it consists in deducing and applying a rule coming from God , it may be justly ...
... habit of discovering the will of the supreme legislator by reason , and of apply- ing it as a rule to every particular case that occurs . Now , because it consists in deducing and applying a rule coming from God , it may be justly ...
Page 42
... habits of the seals and their ownership of the breeding grounds to which the herds resort , and irrespective of the established industry above mentioned , a property interest in those herds as well while they are in the high seas as ...
... habits of the seals and their ownership of the breeding grounds to which the herds resort , and irrespective of the established industry above mentioned , a property interest in those herds as well while they are in the high seas as ...
Page 43
... habits , and one more particularly guided by the considerations upon which the institution of property stands . If the question were asked why a tame or domestic animal should be property and a wild one not , these terms would be found ...
... habits , and one more particularly guided by the considerations upon which the institution of property stands . If the question were asked why a tame or domestic animal should be property and a wild one not , these terms would be found ...
Page 44
... habits of these animals as affected by the care and industry of man and the uses which they were made to subserve ; and it observed that , while they were formerly kept principally for pleasure and not for profit , the practice had ...
... habits of these animals as affected by the care and industry of man and the uses which they were made to subserve ; and it observed that , while they were formerly kept principally for pleasure and not for profit , the practice had ...
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Common terms and phrases
Alaska animals animus revertendi asserted authority belong Bering Sea birth breeding Britain British Commissioners capture catch civilized claim coast Commander Islands commerce cows deer defendant destruction Eridge established evidence exclusive exercise extend fact female seals feræ naturæ fish fisheries fur-seals Government ground habits high seas human hunter ibid industry international law jurisdiction jury justice killed land large number law of nations law of nature limited Lord Salisbury Majesty's Government males mankind mare clausum miles milk moral mother municipal natural law necessary necessity North Pacific number of seals nursing observed opinion owner ownership Pacific Ocean pelagic sealing plaintiff possession present preservation Pribilof Islands principle profit prohibited property interest protection pups question reason regulations Report respect rookeries rule Russia says schooner seal herd sealers Semichi Islands shore skins slaughter society submitted taken territory testimony things tion treaty Tribunal United vessels wild young
Popular passages
Page 4 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Page 57 - This principle was, that discovery gave title to the government by whose subjects, or by whose authority, it was made, against all other European governments, which title might be consummated by possession.
Page 40 - Britain ? 3. Was the body of water now known as the Bering Sea included in the phrase Pacific Ocean, as used in the Treaty of 1825 between Great Britain and Russia; and what rights, if any, in the Bering Sea were held and exclusively exercised by Russia after said Treaty ? 4.
Page 186 - Caroline is to be defended. It will be for that Government to show a necessity of self-defense, instant, overwhelming, leaving no choice of means and no moment for deliberation.
Page 163 - She cannot pronounce that any rule of morality is so rigid as to bend to no exceptions : nor, on the other hand, can she comprise these exceptions within any previous description. She confesses that the obligation of every law depends upon its ultimate utility ; that this utility having a finite and determinate value, situations may be feigned, and consequently may possibly arise, in which the general tendency is outweighed by the enormity of the particular mischief...
Page 147 - Considering the great extent of the line of the American coasts, we have a right to claim, for fiscal and defensive regulations, a liberal extension of maritime jurisdiction ; and it would not be unreasonable, as I apprehend, to assume for domestic purposes connected with our safety and welfare the control of the waters on our coasts, though included within lines stretching from quite distant headlands, as, for instance, from Cape Ann to Cape Cod, and from Nantucket to Montauk Point, and from that...
Page 215 - ... the High Contracting Parties agreed that " either of them might submit to the Arbitrators any question of fact involved in said claims and ask for a finding thereon, the question of the liability of either Government upon the facts found to be the subject of further negotiation;" And whereas the President of the United States of America named The Honourable JOHN M.
Page 15 - The law of nations is a complex system, composed of various ingredients. It consists of general principles of right and justice, equally suitable to the government of individuals in a state of natural equality, and to the relations and conduct of nations ; of a collection of usages, customs and opinions, the growth of civilization and commerce ; and of a code of conventional or positive...
Page 28 - Sea, and what exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the cession of Alaska to the United States?
Page 152 - ... that bays wholly within its territory not exceeding two marine leagues in width at the mouth are within this limit ; and that included in this territorial jurisdiction is the right of control over fisheries, whether the fish be migratory, free-swimming...