92 ARGUMENT OF THE UNITED STATES. 



individual men. This is the real ground upon which the municipal law 

 declares the several descriptions of wild animals, above particularly 

 adverted to, to be property. This is what is intended by making the 

 question of property depend upon the existence of the animus revertendi. 



In the added light thrown by this inquiry into the foundations of 

 Kic institution of property the case of the fur-seal can be no longer 

 open to doubt, if it ever was. It is a typical instance. Polygamous in 

 its nature, compelled to breed upon the land, and confined to that 

 element for half the year, gentle and confiding in disposition, nearly 

 defenceless against attack, it seems almost to implore the protection 

 of man, and to offer to him as a reward that superfluity of increase 

 which is not needed for the continuance of the race. Its own habits 

 go very far to effect a separation of this superfluity, leaving little to 

 be done by man to make it complete. The selections for slaughter 

 are easily made without disturbance or injury to the herd. The return 

 of the herd to the same spot to submit to renewed drafts is assured 

 by the most imperious instincts and necessities of the animal's nature. 

 During the entire period of all absences the animus revertendi is ever 

 present. The conditions are, as observed by the eminent naturalist, 

 Prof. Huxley, ideal. 1 All that is needed to make the full extent of 

 the blessing to mankind available is the exercise on the one hand of 

 care, self-denial, and industry on the part of man at the breeding 

 places, and, on the other, exemption from the destructive pursuit at 

 sea. The first requisite is supplied. A rich reward is offered for, and 

 will certainly assure, the exercise of art and industry upon the land. 

 All that is demanded from the law is that exemption from destructive 

 pursuit on the sea which the award of a property interest will insure. 



Nor should we omit to call attention to an aspect of the question pre- 

 sented by the extent of the possession and control of, and over, this 

 race of animals bestowed upon the United States in virtue of their 

 ownership of the lands to which it resorts. This ownership carries 

 with it the power to destroy the race almost at a single stroke. It carries 

 with it also, if interference by other nations is withheld, the power to 

 forever preserve. The power to destroy is shared by other nations. 

 The power to use, and at the same time to preserve, belongs to the 

 United States alone. This power carries with it the highest obligation 

 to use it for the purpose for which it was bestowed. It is in the highest 

 and truest sense a trust for the benefit of mankind. The United States 



•Case of tlio United States, Appendix, Vol. I, p. 412. 



