RIGHT TO PROTECT INTERESTS AND INDUSTRY. 131 



In the division of tlie argument that has been made between counsel 

 for convenience' sake, the first and third of these propositions, which 

 are naturally connected, have been exhaustively discussed by Mr. 

 Carter. 



Before proceeding- to that consideration of the second proposition 

 which is the principal purpose of this argument, the undersigned de- 

 sires to add in respect to the first, some brief suggestions, which are 

 perhaps only a restatement in a different form, of what has been already 

 advanced. 



Whatever else is in dispute, certain facts in relation to the seal herd, 

 its qualities, and its necessities, are not denied. 



The seal is an amphibious animal, polygamous, altogether sui generis, 

 and very peculiar in its habits. A fixed home upon land during several 

 months in the year is necessary to its reproduction, and to the perpet- 

 uation of its species. It lias established tins home, from the earliest 

 known period of its existence, on the Pribilof Islands, to which it returns 

 annually with an unfailing animus revertendi and an irresistible in- 

 stinct, and where it remains during several months, and until the 

 young which are born there have acquired sufficient growth and 

 strength to depart on their periodic and regular migration. 



While on land it submits readily to the control of man, and indeed 

 commits itself to his protection. And it is testified by credible wit- 

 nesses that every seal in the herd, were it desired, could be branded 

 with the mark of the United States. 



The Government has fostered and protected the seals, as did the 

 Russian Government, its predecessor in the ownership of these islands, 

 by careful legislation and by constant and salutary executive control, 

 and has established out of the seal products an important and valuable 

 industry. Without this protection the animal would long since have 

 been exterminated, as it has been almost everywhere else. 



When the female seals arrive on tie islands, they are pregnant with 

 the young which were begotten there during the previous season. 

 After the young are born, the mothers, while suckling them, are 

 accustomed almost daily, and from necessity, to run out to sea beyond 

 the limits of the territorial waters in pursuit of food, leaving the young 

 on the islands during their absence. 



Upon these facts alone, it is insisted by the United States Government, 

 that it has such a property in the seal herd, the produce of its territory 

 and appurtenant thereto, as entitles that Government to protect it 

 from extermination or other unauthorized and injurious interference. 



