ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 243 



those Islands in consequence of the modus vivendi. That, aj^ain, is 

 inaccurate. Mr. Maconu savs, in his statement in the British Counter 

 Case at page 148. 



Special iiKiiiiry was made by mo at tlie roiumaiider Island duriuiij the first week 

 iu September as to whether young seals had been t'ouud dead in 18'J-! in larger num- 

 bers than usual, and several of the eldest natives were questioned by me on this 

 point. I was told by them that none had been seeu there but a few that had been 

 killed by the surf or had wandered away from the rookery ground. 



This is not Mr. Macoun's observation, but what he learned from some of 

 the natives, and is in direct opposition to the testimony of a very much 

 higher character than that of the natives. Either the natives misun- 

 derstood him, or he misunderstood them, or he enquired of men who 

 did not understand what they were talking about. 



Mr. Grebnitzki, whom, you will remember, was the Governor for 15 

 years, in the United States Counter Case at page 300, says: 



There are always a few dead pups to be found on the rookeries whose death is uot 

 due to that of their mother's, but duriug the last year or two a greater number of 

 dead pups have been actually noticed than heretofore, and have attracted the atten- 

 tion of all persons ou the ishxnds who are at all familiar with seal life. It cannot 

 be successfully contended that they all died of natural causes. There is no disease 

 among the Commander Island seals; aiul while a certain number of young pups are 

 always exposed to the danger of being crushed to death. . . or of being drowned by 

 the surf, yet these causes of death will not account for the greater mortality of 

 pups which took place during the past summer. liesides the bodies of the dead 

 pu^is I refer to are those of starved aninuils, being greatly emaciated. 



Mr. Malowansky says under oath, in regard to this subject in the 

 United States Counter Case, page 374, — he is the Superintendent of 

 the Eussian Government on those islands: 



After the pups have learned to swim a uuuibor of dead pups have been reported 

 killed along the shore by the surf, but the number was always inconsiderable. 

 These pups were always grey pups, their bodies were always near the water's edge, 

 and never back on the rookeries. Within the last two years, the natives noticed 

 however, another class of dead pups on the islands. These were always black pups 

 which were too small to have learned to swim, and were found on the breeding 

 grounds two hundred yards Irom the water. Such dead pups have been observed 

 since the sealing vessels began to take seals about the island. This year (1892), the 

 numbers became so great tliat the latter was connnonly talked about on the islands, 

 and the natives made complaint to the Governor. It was my o])iuion and the 

 universal opinion of all on the islands that these deaths were caused by starvation, 

 which resulted from the mothers having been killed by the sealing schooners while 

 out feeding. This was also the opinion of the natives and others on the islands 

 during all of last season (1891). The matter was discussed with the British Behring 

 Sea Commissioners, who were at Behring Island for about a day and a half iu Sep- 

 tember of that year. Snigorott' told theni about it, and I acted as the interpreter at 

 the time. The grey pups heretofore mentioned as iuiving Ijeen killed were al\\ays 

 plump and in good condition, while these black pups were iu all cases very thin and 

 emaciated, showing evident signs of starvation. 



And you will remember, to conclude, the passage that I read a day 

 or two ago from the letter of Mr. Chichkine, the Eussian Foreign 

 Minister, in the correspondence with the British Government, about 

 their seizing vessels, where, in stating his case, and the reasons for his 

 seizure, he stated these facts, including the fact that the i)ups died on 

 the islands on account of the loss of their mothers. 



Kow I come to another question. What is the consequence of all 

 this? We say the conse(}uence is the inevitable extermination of the 

 animal. We say that the reduction in the numbers of the seal herd, 

 whicli the Commissioners, actingjointly, agreed had taken i^lace — it was 

 the only point upon whicli they did agree — and that it was attributable 

 to the act of man, is owing to this indiscriminate killing; and we say 

 the necessary and inevitable consequence of it will be the extermination 



