206 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 



purpose of shewing they were sea auiinals. So imicli therefore as to 

 being fitted for hind and deriving no food from hind; and so far as we 

 have progressed, it stands thus, that as regards formation, as regards 

 the food on which they live, as regards the element in which they move 

 most easily and most naturally, they are sea animals — free swimming 

 sea animais. These facts have some legal bearing. It is said that this 

 sea animal is a domestic animal, or that it is to be relegated to the 

 category of domestic animals; I have pointed out already in my open- 

 ing observations that this is the tirst time that such a proposition has 

 ever been advanced in the history of the world, and I have to point out 

 that if I am right in saying that it is a free swimming sea animal, and 

 if I am also right in pointing out that for the greater part of its exist- 

 ence ( I will come to the justification of tliat in a moment) it spends its 

 life in what I have called its natural element, in which not only no 

 authority is exerted over it, but no authority can be exerted over it, 

 then I say it belongs, so far as legal assertion of property in it is con- 

 cerned, exactly to the same category (though the difficulties are even 

 greater in this case) as the birds of the air or any fish or free swimming 

 animal in the ocean. JNly learned friends, on the other hand, say it is 

 to be relegated to the same category as cattle on the plains — the bound- 

 less i^rairies of the American Continent. 



My learned friends, surely, did not suppose that we were ignorant ot 

 what is the legislation in the United States, and in each of the States 

 I believe, upon the subject of cattle on the plains : that there is a regular 

 system there of branding each individual member of the herd; that 

 these branded marks are the subject of legislation, and are required to 

 be publicly announced, publicly advertised, or, as we should say, regis- 

 tered, so that the trademark of one man may be distinguishable from 

 the trade-mark of another man; and, I speak subject to the correction 

 of my learned friends, I think it will be found that, even in the case of 

 cattle on the plains, which admittedly belong to the category of domestic 

 animals, if these branding marks are omitted, or are not registered, 

 there is very great dilficulty in the owner, who seeks to claim them, 

 establishing his right of property at all. 



Now, it is said that these animals resort to the Islands to breed, and 

 resort there in compliance with what has been i)icturesquely describ d 

 as the "imperious instincts of their nature". They do. 



And when they get there, what do the representatives of the United 

 States do? Can they do anything to improve the breed"? Nothing. 

 Do they make any selection of sire and dam, of bull and cow? Indeed, 

 could they ? No. What do they do ? Th ey do two things, one posi live 

 the other negative, and two things oidy. The positive thing is that 

 they do what a preserver-game does; he has a gamekeeper to prevent 

 poaching; they have people on the Tshuuls to prevent raiding. The 

 negative thing that they do is that they do not kill all. They 

 967 knock on the head a certain number, but exercise a certain 

 amount of discrimination or a huge asuount of discrimijiation. 

 That is the whole sum and substance of what they do, no more, no less. 



Let me illustrate my meaning. Suppose the existence, which there 

 may well be in some undiscovered region, of an Island where there are 

 seals; what does the United States do on the Pribiloft' Islands that 

 Nature, unassisted, does not do on the undiscovered Island? 



The only thing that Nature does not do is that she does not knock 

 them on the head. Therefore, as they do nothing to bring the seals 

 there, so, when the seals are brought there, they do nothing in regard 

 to them to imx^rove their stock or to increase their stock; and excei)t for 



