178 



therefore, the authorities speak of bees, pigeons, deer, wihl geese, aud 

 swans, as tamed or reclaimed, they mean, and could mean only, that 

 their original wildness had, by the art and power of man become so 

 far dimished, modified, or controlled, that man is able to establish a hus- 

 bandry in respect to them, and obtain the benefit of their increase with- 

 out impairing therace. If animals, originally wild, come under the power 

 and control of man to such an extent that they can be thus "culti- 

 vated" and utilized; if such power can be acquired over them that 

 nuin is able, to use the words of Bacon, to apply tbem " to the sustcn- 

 tation of his being," then they are "reclaimed" within the meaning of 

 the authorities that recognize a right of property, under named condi- 

 tions, in animals /era' naturcv. Are not these fur seals in every sub- 

 stantial sense, so far "reclaimed" from their original wildness that 

 they can be utilized by nniu, with quite as much ease as if they were 

 strictly domestic animals'? They are peculiarly gentle and docile, and 

 easily approached, although they can be so alarmed as to fear the ap- 

 proach of man. While on their breeding grounds, protected against 

 indiscriminate slaughter at the hands of seal hunters, they are as 

 completely within the control and power of the United States as if 

 they were so numy horses, cows, or sheep. And they remain there, for 

 several months in every year, under the power and control of man, 

 without any disposition, under ordinary circumstances, to flee from, or 

 even to become disturbed by his presence. There is, consequently, 

 every reason why in the interests of society, that its increasing wants 

 may be supplied, they should be regarded, for all purposes of property, 

 as reclaimed animals. 



In the course of the argument the question was often propounded 

 whether a recognition of the claim of the United States to own this 

 herd of seals would not seriously impair the right which, by universal 

 consent, belongs equally to all, to take and appropriate to their own 

 use such wild animals as have not been previously appropriated by 

 actual confinement, or by some other mode that deprives them of their 

 natural liberty. To this it may be answered, that the principle which 

 I have maintained has no application to those useful animals in 

 respect to which the care, industry, and labor of man is ineffect- 

 ual or unnecessary to utilize their increase, while preserving the 

 stock. Some of them cannot be brought within the reach or efforts of 

 man ; some have not the sure instinct of returning to the same place so 

 that they can be identified; and in respect to others, nature has made 

 such liberal provision for the needs of mankind, and for such an enor- 



