122 COUNTER-CASE OF GREAT BRITAIN. 



CONCLUSIONS. 



In conclusion, it is submitted that the assertion that the 

 fur-seals resorting- to the Coininander and Pribyloff Islands 

 form two entirely and rigidly separated "herds" has been 

 shown to be erroneous. 



That, on the contrary, the facts ascertained from a large 

 body of testimony establish that the fur-seals which breed 

 upon the islands on both sides of Behriug Sea intermingle. 



141 Section IV. — EelaUon of the fur-seals to the Pribyloff Islands. 



Summer and Winter Homes. 



The United States Contentions. 



(1.) United States Case, p. S9 — 



"The Pribilof IslaiKls are the home of the Alaskan fnr-seal (Callorhimts ursinus). 

 They are peculiarly adapted by reason of their isolation and climate for seal 

 life, and because of this peculiar adaptability were undoubtedly chosen by 

 the seals for their liabitatiou. The climatic conditions are especially favour- 

 able. The seal, while on land, needs a cool, moist, and cloudy climate, sun- 

 shine and warmth producing a very injurious effect upon the animals. These 

 requisite phenomena are found at the Pribilof Islands, and nowhere else in 

 Bering Sea or the North Pacific, save at the Commander (Komandorski) Islands." 

 (2.) United States Case, p. 91— 



"The Alaskan seals evidently consider the Pribilof Islands as their home, for 

 while on or about them they are much less timid and fearful than when met 

 with in the sea along the American coast." 

 (3.) United States Case, p. 123— 



"The seals evidently consider these islands their sole home." 

 (4.) United States Case, p. 127— 



"The seals do not enter the inland waters of the coast during their migration." 

 (5.) United States Case, p. 295— 



1. "That the Alaskan fur-seal, begotten, born, and reared on the Pribilof Islands." 



2. "That the only home of the Alaskan seal herd is on the Pribilof Islands; that 



it resorts to no other land." 

 (6.) United States Case, p. 300— 



"First. That, in view of the facts and circumstances established by the evidence, 

 it [the United States Government] has such a property in the Alaskan seal herd 

 as the natural product of the soil, made chiedy available by its protection and 

 expenditur*!, highly valuable to its people and a considerable source of revenue, 

 as entitles it to preserve the herd from destruction, in the manner complained 

 of, by an employment of such reasonable force as may be necessary." 



Summary of British Reply. 



It appears from the Case of the United States, that the term "Alaskan fur-seal" is- 

 intended to designate all fur-seals found in the eastern part of the North Pacific. 

 While it is admitted that the greater part of these seals are now born upon the 

 Pribyloff" Islands, it is shown that seals formerly resorted to various jdaces on 

 the west coast of North America, and elsewhere, for the purpose of bringing Ibrth 

 their young; and that they probably still do so in reduced numbers. The fact of 

 intermingling between the seals of both sides of the North Pacific, likewise shows 

 that not all the seals found in the eastern part of that ocean can have been born, 

 on the Pribyloff' Islands. 



The precise locality in which seals may be begotten appears to be unimportant in con- 

 nection with any argument respecting property in seals; but it is certain that 

 coition frequently occurs at sea. 



It is in consequence of the isolation of the Pribyloffs, their originally uninhabited 

 character, and the consequent freedom from disturbance found there, rather 



142 than of any peculiar climatic or pliysical characters, that these islands have 



become chief resorts of the fur-seal at the breeding season. Similar climatic 



and physical features are to be found in many other places in the North Pacific. 



