173 



interests depending upon the action of this Tribnnnl. The treaty identi- 

 ties the herd to wliichregnhitions are to apply by the fact of their habitu- 

 ally resorting to the waters and islands of Bering Sea. If the award so 

 describes them there will be no uncertainty in the decree. National 

 legislatures and courts will find no difficulty in following the award, 

 either in making laws or in api)lying them to the proi)er seals. 



The only possible objection that can be urged against the claim of 

 ownership of these fur seal animals by the United States is the general 

 rule that animals feroc naturce are not subject to individual owner- 

 ship. But we have seen that, according to settled principles of 

 law, an excei)tiou to this rule has been handed down to us, and is 

 everywhere recognized, which admits of individual ownership of 

 useful wild animals, the supply of which is limited, and which, by 

 reason of their nature and habits, and the control or j)ower which 

 man may acquire over them, are susceptible of ownership, that is, are 

 capable of exclusive appropriation. All of these conditions are ful- 

 filled in the case of the Pribilof fur seals. It is not denied that they 

 are useful animals, or that the supply is limited. The experience of 

 the past proves that the race can be easily exterminated if man is 

 allowed to hunt and slaughter them wherever they may be found, on 

 tlie land or in the high seas. It is equally beyond dispute that they 

 may be exclusively appropriated, because they come, at stated i^criods, 

 to the islands of the United States, where they remain under such con- 

 trol that the increase can be obtained for the benefit of the world with- 

 out any injurious diminution of the stock. 



The reason why the doctrines to which I have adverted, have been 

 taught more directly and fully in municipal jnrisiu'udenceis that ques- 

 tions of property more frequently arise between individuals. Nations 

 do not often engage in judicial controversy with each other upon (jues- 

 tions of this character. But there are some things which from their 

 situation are susceptible only of national ownership. These have been 

 considered by writers upon international law, and where the same 

 grounds and reasons exist for the recognition of property, as between 

 nations, that are found in the cases determined by concurring munici. 

 pal law, they have conceded national ownership. Illustrations of this 

 rule are the cases of pearl and other oyster beds, coral reefs, etc., situ- 

 ated on the sea outside of territorial waters, in some instances thirty 

 or more miles. These gifts of nature are exhaustible, and would be 

 ^ oon exhausted if treated as res nulUiiSj and left open to the indiscrimi- 



