96 



by laws, all that have been Iburid of common use for food or raiment, 

 and are, by their habits, capable of identiticatiou with reference to sep- 

 arate ownershij), such as shellfish yielding pearls, oysters, clams, 

 corals, sponges, etc., and a large number of animals that were not so 

 classed until within a recent period. 



The tendency has been uniform to enlarge the scope of the laws so 

 as to include all animals within the classification of domestic animals, as 

 occasion has presented, and no animals have been permitted to be rele- 

 gated to a classification as wild animals, that have been once included 

 in the protection extended by the laws to domestic animals. Any 

 other rule of action would deny to all new conditions that are valu- 

 able, the i^rotection of the principles of international law. 



The domestication of animals by general usage, or by law, attaches 

 to them the presumption that they are exempt from slaughter at the 

 will of anyone who may choose to kill them. Within the field of oi^er- 

 ation of such laws, such animals are protected as all domestic animals 

 are protected. Outside that jurisdiction, they are protected by comity, 

 or by the application of principles of international law, derived from 

 municipal laws, or else from the sentiment or the necessity that lies 

 at the foundation of municipal laws. 



Those principles are justly founded on the general usefulness of the 

 animals to mankind, and the consequent necessity for giving them i^ro- 

 tection. The international law should attach to them the same pre- 

 sumption of domesticity that is attached to them in such cases by the 

 municipal law. 



In matters like those submitted to us the opportunity occurs for a 

 formal declaration, which, by treaty agreement, is made obligatory ujion 

 two great powers, of the relation that these animals should bear to the 

 question of their x^reservation, in the international law. That relation 

 is uniform and unbroken, except in the laAvs and usages of Canada, in 

 all the legislation of all the municipalities that have any interest in the 

 subject. It is nothing less, in effect, than a declaration of those legis- 

 latures that fur seals, by reason of their value, their helplessness to resist 

 or escape from the power of man during a large part of every si)ring, 

 summer and autumn, their docility and the absolute necessity of giving 

 them that protection by i^ositive law that nature has denied to them, 

 should be classed and are entitled to be classed in favorcm vitcc, as 

 domesticated animals. 



I can not understand how it can be possible, in view of the facts, that 



