PROPERTY IN THE ALASKAN SEAL HERD. 69 



and which is capable of ownership, should be assigned to some legal 

 and determinate owner. 



Third. The extent of the dominion which, by the law of nature, is 

 conferred upon particular nations over the things of the earth, is limited 

 in two ways : 



1. They are not made the absolute owners. Their title is coupled 

 with a trust for the benefit of mankind. The human race is entitled to 

 participate in the enjoyment. 



2. As a corollary or part of the last foregoing proposition, the things 

 themselves are not given; but only the increase or usufruct thereof. 1 



APPLICATION OF THE FOREGOING PRINCIPLES TO THE QUESTION OF 

 PROPERTY IN THE ALASKAN HERD OF SEALS. 



In entering upon the particular discussion whether, upon the princi- 

 ples above established, the United States have a property interest in 

 the seal herd, it is obvious that we must have in mind a body of facts 

 which have not, as yet, been fully stated. 



We were obliged, indeed, while showing that the seals must be re- 

 garded as the subjects of property under the settled and familiar rules 

 of municipal law, to briefly point out that the question whether they 

 were, under that law, the subjects of property depended upon their 

 nature and habits, and not upon whether they were to be classed under 

 one or the other of the vague and uncertain general divisions of wild 

 and tame; and also that they had, as part of their nature and habits, 

 all the essential qualities upon which that law had declared several 

 other descriptions of animals commonly designated as wild to be, nev- 

 ertheless, the subjects of property. But this brief description is not 

 sufficient for the purposes of the broader argument upon which we 

 are now engaged. We should have in mind a complete knowledge of 

 every material fact connected with these animals. 



1 In the foregoing discussion, which involves only the most general principles, 

 and concerning which there is little controversy, we have avoided frequent refer- 

 ence to authorities in order not to interrupt the attention. But an examination of 

 the authorities should not be omitted. To facilitate this, somewhat copious cita- 

 tions are gathered and arranged in the Appendix to this portion of the argument. 



