32 ARGUMENT OF GREAT BRITAIN. 



ermen of other nations on tlie high sea; and that there is 

 no ])iineiple of hxw known in Great Britain or the United 

 States by which the contention that there is such a viola- 

 tion can be sui)ported. 



Apjjlicatlon of Principles of Property and Possession of 

 Wild Animals to Seals. 



THE DISTINCTION IS FUNDAIVIENTAL. 



The distinction between the right to take possession of 

 wikl animals while they are on the land, and the right of 

 proi>erty in such animals, is fundamental to the questions 

 submitted to the Arbitrators. 



When the foregoing principles as to property in, and pos- 

 session of animals /<pr(X' natnrw, are applied to the case of 

 the seals, the United States contention of property in them, 

 while they are in the high sea, falls to the ground. 



NATURE OF UNITED STATES RIGHT TO SEALS WHILE ON 

 PRIBYLOFFS. 



The United States or their lessees have only an exclusive 

 right to take possession of the seals while they are on the 

 islands, and this exclusive right is lost when the seals go 

 into the high seas. 



They take possession only of such seals as they kill. 



THEIR MANAGEMENT IS NOT TAKING POSSESSION. 



The alleged management amounts to no more than taking 

 precautions that the seals shall not be driven away, and 

 to regulate the quota of seals to be killed. 



NO POSSESSION EXCEPT AT TIME OF CAPTURE, NOR ON 

 HIGH SEA. 



The conditions of seal life during the period the seals 

 are in Behring Sea, their excursions to and from the islands 

 into the high sea, and the intermingling of seals from dif- 

 ferent islands, clearly show that the conditions essential 

 to possession never exist, except at tiie moment of capture. 



While the seals are at sea, there is no power to repro- 

 duce at will the physical relations to the animals essential 

 to possession. 



RIGHTS OF OTHERS TO CAPTURE. 



The i)ossession of the United States is thus seen 



34 not to be established while the seals are at sea, and 



the rights of all to catch the animals on the high sea 



remain, and were lawfully exercised by the British vessels 



seized by the United States. 



CLAIM OF PROPERTY UNFOUNDED, 



The United States claim to property, or to any greater 

 right than an exclusive right to take possession while on 



