ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 19 



He refers to a rej^ort of the Uuited States Ageut from which it 

 appears, as he says : 



1. That none but yonng male seals are allowed to he killed on the Pribilof Islands, 

 and of these only 100,000 annually. 



2. That a careful uieasureniout of the breeding rookeries on St. Paul and St. George 

 Islands showed 6,357,750 seals exclusive of youug males. 



3. That 90 per cent of the pups bred by these go into the water, leaving a mortal- 

 ity of but 10 per cent at the ])lace of breeding. 



4. That fully one-half of the above UO per cent of pups returned the following 

 year as yearlings to the rookeries, leaving thus a total mortality of 45 i)er cent from 

 various causes at sea. 



It needs but a slight consideration of these figures to demonstrate that an addition 

 of millions each year must be made to the surviving seal life in the North Pacific 

 Ocean. 



The Agent in his Report says: "This vast number of animals, so valuable to the 

 Government, are still on the increase. The condition of all the rookeries could not 

 be better". 



That report is stated to have been dated July 18th, 1887. 



Sir KiCHARD Webster. — It is a United States document. 



Mr. Phelps. — Yes ; it is quoted from a United States document. 



Against the enormous yearly increase of seal life may be placed the average 

 slaughter as given in the Memorandum attached to Mr. Bayard's letter, viz., 192,457 

 for the whole world, or for the seals near to LJehring's Sea as follows: 



Pribilof Islands 94, 967 



Commander Islands et Robbin Reef 41, 893 



Japan Islands 4, 000 



North-west coast of America 25, 000 



Or a total of 165, 860 



With an annual clear increase of millions, and an annual slaughter of less than 

 200,000 in the North Pacific Ocean, it surely cannot be contended that there is any 

 necessity for such stringent and exclusive measures as the one proposed in order to 

 preserve the seal fishery from threatened destruction. Not only Avould it appear 

 that the present rate of catch could be permitted, and a continual increase of the 

 total number of seals be assured, but it would seem that this annual take might be 

 many times multiplied without serious fears of exhaustion so long as the present 

 condition of breeding on the Pribilof Islands are preserved. 



And he goes on to discuss the subject. The purport of it all is, as I 

 have said, that while this proposal of the Uuited States is totally 

 unnecessary, altogether uucalled for, the real motive of it is to estab- 

 lish an absolute and complete monopoly on the islands. 



Senator Morgan. — Mr. Phelps, before we rise for the recess, I would 

 like to know whether in the understanding that there is between the 

 counsel in this Case, in regard to the geographical definition of Behring 

 Sea, the line is to be drawn inside the Aleutian range or outside? 



Mr. Phelps. — Do you mean. Senator, on the question of whether it 

 is included in the Pacific Ocean? 



Senator Morgan. — No ; I mean in reference to the words in the treaty 

 "In or habitually resorting to Behring Sea." 



Sir Eichard Webster. — I might perhaps save trouble on this matter 

 by saying and I think Mr. Phelps will agree that the matter is a little 

 involved, but so far as Her Majesty's Government is concerned we have 

 not the slightest objection to the passes into Behring Sea being con- 

 sidered as part of Behring Sea. I do not think it would be accurate to 

 consider the passes into the sea as being a part of it, but for the pur- 

 poses of the Begulations I was discussing yesterday, we have not the 

 slightest objection to those ])asses being considered a part of the sea. 



^Ir. Phelps. — Yes, Sir. That answers Senator M<n-gan's question. 

 If you wiU permit me a moment, Mr. President, the Minute that 1 have 



