72 COUNTER-CASE OF GREAT BRITAIN. 



war between other States. The distance from the coast-line to which 

 this qualified privilege .^-xteuds has been variously measured, the most 

 prevalent distances being that of a cannon-shot or of a marine league 

 from the shore. 



CONCLUSIONS. 



ifi?'i^"^9f*''^- It ^*^ submitted that tbe authorities cited and areTiments 



loU, Prop. 15. , ^ ^ n 1 .,1 .. ., ,1., 



brought forward support the ])ro])osition that the sole right 

 of the United States in respect of the prote(;tion of seals is 

 that incident to territorial possession, including the rigiit 

 to prevent the subjects of other nations from fishing in ter- 

 ritorial waters. 



PROPERTY IN FUR-SEALS. 



The next question to be considered is whether the United 

 States have a property in the fur-seals frequenting the 

 Pribyloff Islands. 



SEALS ARE FER .^NATUR^, AND, AS SUCH, RES NULLIUS. 



The following English and United States authorities are 

 sufficient to show that animals such as seals are/era? naturae; 

 and that, as such, they are res nnll'ms: 



Comvn'8 "Di- ^^ things which are ferm naturce, none can have an absolute prop- 

 est,"Tit.,Biens, erty. 

 vol. ii, p. 135. As in deer, conies. (R. 7, Co. 17 h.) 



Nor in hawks, doves, herons, pheasants, partridges, or other fowls 

 which are at large and not reclaimed. (10 H. 7, 6, 30.) 

 No7' in fish at large in the water. 



i: 



Yet, a man may have a qualified or possessory property in tliem, as 

 if deer, &c., are tame. (7 Co. 17 b.) 

 If hawks, (fee, are reclaimed. 

 So, if pheasants, partridges, or other fowls are tame. 



* * * # 



So, doves in a dovecote*. 



Young herons, «S:c., in their nests. (7 Co. 17 h.) 

 Fish in a tank, &c. 



And of such things tame or inclosed, felony may be committed. 

 (7 Co. 18 a.) 



# # * * * 



But if deer, fowls, &c., tame or reclaimed, attain their natural lib- 

 erty, and have no inclination to return, the property shall be lost. 

 (7 Co. \lh.) 

 Blackstone ^^ Other animals, that are not of a tame and domestic nature, 



edition 1862, vol'. *^6 either not the obiects of property at all, or else fall under our 



il, p.396. ' other division, namely, that of qualified,* iimited,* or special* proYteTtj: 

 which is such as is not in its nature permanent, but may sometimes 

 subsist, and at other times not subsist. 



* # * # « 



Ibid T) 397 "^ qualified property may subsist in animals ferw naturce, per itidus- 



■' ■ triam hominis: by a man's reclaiming * and making them tame by art, 



industry, and education ; or by so confining them within his own 

 immediate power, that they cannot escape and use their natural liberty. 



# # # « * 



* The italics are in the original. 



