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habits of the seals, aiul of the absohite necessity of their being upon 

 hind, for several mouths in each year, for purposes, at least, of 

 breeding- and of rearing- their young, it cannot be doubted that the 

 very existence of the rai;e depends npon their being cared for and 

 protected at the place to which they habitually resort, and to which, 

 when going back into the sea, they aviII certainly return the suc- 

 ceeding s])ring and suuiiner. It will not do to say that these animals, 

 if not allowed to occupy the Pribilof Islands, would seek some other 

 breeding grounds; for, if any change of location should ever take 

 [)lace, the same questions would arise between the owner of the new 

 breeding grounds and pelagic sealers that are presented in this case. 

 But the j)ossibility that these seals, if driven to that course, might 

 seek a new location, can not be made the basis of action by this 

 Tribunal or alfect the principles involved in the question submitted 

 for determination; for, we know that these seals, with abundant oppor- 

 tunities to select other breeding grounds, have, for more than a cen- 

 tury past, occupied Pribilof Islands as their land home. And there 

 is no reason to believe that they will go elsewhere, as long as the 

 United States keeps those islands exclusively as their breeding- 

 grounds, and takes care that they are not disturbed by merciless 

 pelagic sealers who kill without regard to sex, and slaughter mother 

 seals about to deliver their young without the slightest concern 

 on that account. The presumption is conclusive that there are no 

 coasts, near or on the migration-route of these animals, which present 

 the same climatic and other conditions as are found by them at 

 Pribilof Islands. 



In respect to the fur seals frequentiiig the Pribilof Islands, what did 

 Russia do, and what has the United States, succeeding to its rights, 

 done, in order to bring them within the rules of property ai)plicable to 

 animals ferca naturcu which may be the basis of a periuanent hus- 

 bandry"? Neither hive, box, park, nor other enclosure, has been pro- 

 vided for them, as in the case of bees, pigeons, antl deer, respectively, 

 because such a provision is forbidden by the nature and habits of the 

 animals, and would be absolutely useless for any jiractical purpose. 

 But an abiding place for all the purposes for which they must, of 

 necessity, come to and remain u[)on land, has been provided for them. 

 U"l)on the discovery by Russia of the Pribilof Islands it was ascer- 

 tained that this race made it their land home, Russia desired this 

 condition of things to continue in order that these animals might be 

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