The National tribune., 1893-05-18
TIE RERING SEA CASE.

The Boring Sea case has now virtually
closed, and the presentation Of the case Of
the United States has been brilliantly salts
factory. The American advocates not only
had stronger case than their contestants
but they presented it with unusual ability
and force The British advocates seemed
to be taken by surprise by the basis of the
United States contentious, and made a
rather unskilled resistance to it. Through
out, it seemed that MessIs. Phelps and
Carter understood their business thoroughly,
while Charles Russell and Churchill were
hampsred by an imperfect understanding of
the case at Issue.
The first contention of the British had
been made by Lord Salisbury, in his dis
patches to Secretary Blaine, in which he laid
down the principle that the fur seals are
fer8 nature wild animals), in which no man
can have property until he establishes it by
killing or capturing them.
The American contention took direct issue
with this. 1t was maintained, and success
fully, we believe, that Lord Salisbury's claim
WAS entirely too broad For centuries the
English courts have recognized that there is
property in ferB nature before they are either
captured or killed. A deer or other animal
nboead ~, 20 a,,ot1,ar ,oo,,;s land 10 tba ,,rrer
er,s property as long as he is in " fresh chase"
of ii. But the strongest point was made on
the doctrine of animus reUertendi, which has
been strongly upheld by the English courts.
This doctrine is that if an animal makes its
usual home upon a mans land, and only
leaves that home temporarily TO secure food
or water, or for similar purpose, it is essen
TALLY his property, the same as if it were
domestic animal Especially is this true if
he has any means Of identifying it. Thus
a man has property in bees, which 90 miles
away; in falcons and other birds, and in
many so-calIed wild animals. The mere
fact of their being off his premises does not
give another the right to capture or kill
them, any more than it would to capture or
kill an OK or horse found off the owners
premises
1t was fully established that the seals are
not to be included in the same list with the
fish swimming in the sea. They are as dis
tinctly animal as pigs and sheep. For eight
months Of every year they are domiciled
upon our territory, upon which they breed,
and which they leave only rarely ard for
brief intervals TO feed upon fish. The other
four months they employ in journey, not
to the land Of any other country, but into
the ocean, the highway of the world. The
poachers attack and kill them as they are
going from or coming TO our OWE shores-to
the only home they have in the whole world
There can be no mistaking the fact they are
our seals, for they differ in a most unmis-
taxable way from the seals of the Russian
islands and those found anywhere else in
the world. This difference is so great as to
distinguish them as efrectually as if they
were actually marked or branded. Killing
them in the sea, therefore, is an oiTense OF
the same nature As killing another mans
stock which may be found on the highways
or the prairies.
This position seems impregnable and it
therefore naturally follows that the United
States has the right to lake such measures
as VIII protect its property from being de-
stroyei during its temporary absence from
home, and that without reference to usual
three-mi.e limit of maritime jurisdiction.
We are sapgu ne that the tribunal will
promptly decide in favor Of the United
States.
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