The times. [volume] (Richmond, Va.) 1890-1903, 1892-03-27
rux CASE OF THE sEALs-INTERNA-
1roNAL LAW VS.. THE LAW
NJ NATURE.

| fhey will go TO war VIII "i'"'
r,o Rehriug sea seals. it Is very Important
that tho people of the United States should
rrgerstand lust how the justice and right OF
.ho matter stands. and we shall state the case
! fully this morning. with the arguments on
each side fairly and fully given.
The seal ia a very curious and interesting an
imsl. His habits show an intelligence almost
human. He demands very cool climate IN
summer and temperate one in winter. He
spends the summer months on the Pribyloh
Islands OFF the coast Of Alaska. where he
breeds and teaches his young sea habits In
October he leaves these islands and swims TO
the south in quest Of warmer waters for q
winter sojourn. The herd-tbus called from
the fact that the male is called DUH ana
the female 'cow"-swms far south, some
going even TO the Cape of Good Hope. bu'
they are known 10 90 regularly as lar south
as twenty -six hundred miles from the friOy-
lon islands. With unerrlng certainty they
commence returning at the opening OF spring.
The bulls arrive first at the islands ana each
marks of what will be bis domain space
OF some sixty square feet. lie secures
as many cows to occupy his home with
him "a be thinks necessary for happy
family. and there all reside during the sum-
mer months. Continuous and desperate war
ia waped amongst the bulls" until each IS
given undisputed mastery within his own do
main. after which they have comparative
peace. The females give birth to their
Young soon after their arrival and spend the
summer in nurturing them. When the win
ter months approach the whole herd departs
for southern waters.
The seal swims like the porpose, in and out
of the water. 4 skilfu marksman. located IN
the midst of a school. can shoot them when
they rise to the surface for their leap. When
shot. if killed dead, the seal sinks and is lost
Ii wounded badly he remains on the sur
face and can be taken. Counting the I'M
born seals destroyed. it is estimated that at
least ten are destroyed for every one taKen'
Congress has passed an act providing tha1
none shall be killed except upon the ISLANDS
at certain times and under certain conditions
Those who maintain this act say that II VIII
80 regulate the killing OF seals as that
the herd will BE preserved. Canadian sealers
waylay the herd as it is returning 10 its home
on the islands and shoot them as they SWIM
This. it is said will soon destroy them all. 1t
Is not only a valuable. but most interesting
animal. and its existence should be preserved
if that can be done.
The Government of the United States
claims that the seal is substantially property
belonging to the Prbyloff islands that it has
a right to protect, either while on the islands.
or going from the islands. or returning to
them The British Government claims that
the United States has the right 10 protect
them while on the islands or within three
miles of them. but that when they are found
swimming in the open sea they are fair game
for all men. We will take glance at some OF
the acknowledged principles of public law as
they bear upon the claim Of each.
II is an admitted principle of public law
that man may acquire a property in an
animal Of wild nature-fere nature, as the
books call them. As far back as the reign of
Queen Elizabeth the English court of queens
bench considered the subject in the celebra-
ted case of the swans and laid down the
governing principles of the matter. 1t was
a.
wild swan that uses in his stream, builds on his
land and leaves at certain seasons with the
intention Of returning. The case is reported
by Lord Coke in the seventh part OF his re-
| ports Some very quaint reasons are given
for the conclusions arrived at, which would
probably receive but little attention in a
modern court of international arbitrator.
Thus, in showing that 1t was held that where
Lord Strange owned certain cock swans and
Sir John Charleton owned certain hen swans
the cignets should be divided between them
equally, Lord Coke remarking;
And the law thereof is founded on q rea-
son in nature for the cock swan Is an emblem
or representation of an ahectionate and true
husband to his wife above all other fowls; for
the cock swan holdeth himself to one female
only, and for this cause nature hath conferred
on him gift beyond all others; that is, to die
80 ioyfully that he sings sweetly when he
dies upon which the poet saith:
"Dulcia defecta modulatur carmina lingua
Centator, cygnus, funeris. iDse sui &C."
However fanciful such matters as these
may be, this case contains a very elaborate
treatise from master mind upon the pro-
perty rights that may be acquired in animals
| fsr0 nature. and is therefore of great i'm
portance just now. and these two facts were
held to be the controlling considerations.
Ist That he who claims property in such
an animal must put mark on him by which
| he may be known, and.
I'd. When the animal migrates it must be
with an intention to return. The United
States cannot of course. mark the seals as
one would put a bell on deer, but it would
probably be held now that their intention to
return would be sufficient 10 give a qualified
property in them. This all-important fact.
however. must be noted in the case of the
swans. Lord Coke was considering case in
which one mans swan in England flew from
his farm to that Of another man in
England. Both Of these persons being
i'll England, were under obligations to
obey the laws of England, and if these laws
gave the first property right in swan that
he had marked. the second was required by
that law to respect the property right But
suppose the swan had flown across the chan
mel and lit upon the farm of Frenchman.
Would any one contend that the Frenchman