246 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



duration of the race. Tlie only difference would be tliat in killing- in 

 the water, they do not save so many of those you kill. But that is not 

 the point. It is the indiscriminate killing by which the females are 

 destroyed and breeding stojiped. 



That is what destroys tlie race. If we were engaged on the part of 

 the United States in killing the female seals on the Islands, and the 

 pelagic sealers were engaged in killing the male seals at sea, this case 

 would be exactly reversed. I mean killing the same seals. If they 

 were doing on the sea what we are doing on the Islands, or if we were 

 doing on the Islands what they were doing at sea, then the preserva- 

 tion of the fur-seal race would, of course, require the cessation on the 

 Islands and not at sea. It is the indiscriminate killing by which the 

 stock is destroyed. 



I want to refer — I hope not tediously — to Vol. 1 of the United States 

 Appendix, at page 411. We have collected there letters from many of 

 the most distinguished and leading naturalists in the world, from many 

 countries on this subject. I cannot afford the time to read to you 

 aloud, what I should be so glad to read, all these letters, but I may 

 just advert to some ])assages in some of tliem, and I will respectfully 

 ask, if these letters have not already engaged the attention of the 

 Members of the Tribunal, — and, of course, in this vast mass of mate- 

 rial, I cannot tell what has been read and what not — I would respect- 

 fully ask the perusal of these pages after page 411. Tlie hrst statement 

 is by Professor Huxley, and this is not in response to any enquiiy — 

 some of the other letters are. He says, at the bottom of page 411. — 



In the case of tlie fnr-seal fisheries, the destructive aoeucyof man is prepotent on 

 the Pribilof Islands. It is obvious that the seals niifjht be destroyed and driven 

 away completely in two or three seasons. Moreover, as the nnmbei~of bachelors, 

 in any given season is easily ascertained, it is possible to keep down the take to 

 such a percentage as shall do no harm to the stock. The condition for efiicient reg- 

 ulations are here quite ideal. But in IJehring Sea and on the north-west coast the 

 case is totally altered. In order to get rid of all complications, let it be supposed 

 that western North America, from Behring Straits to Califoruia is in the possession 

 of one Power, and that we have only to consider the question of regulations which 

 that Power should make and enforce in order to preserve the fur-seal fisheries. 

 Suppose, farther, that the authority of that Power extended over Behring Sea, and 

 over all the north-west Pacific, east of a line drawn from the Shumagin Islands to 

 California. 



Under snch conditions I should say (looting at nothing but the preservation of 

 the seals) that the best conise would be to prohibit the taking of the fur-seals, anj*- 

 where except on the Pribilof Islands, and to limit tlie take to such percentage as 

 experience jiroved to be consistent with the preservation of a good average stock. 

 The furs would be in the best order, the waste of life would be least, and if the 

 system were honestly worked, there could be no danger of over-fishing. 



Sir Charles Eussell. — Would you read the next passage. 



Mr. Phelps. — I really have not the time or I should be glad to oblige 

 my learned friend. He proceeds to point out what he conceives to be 

 the legal clifliculties in the way. 



Sir Charles Kussell. — He says what he calls the ideal arrange- 

 ment is impracticable. 



Mr. Phelps. — He says it is impracticable because he assumes there 

 are legal objections — not that it is impracticable in fact: finally, he 

 says, and I will read his conclusion. (As I have said in reading any 

 passage of these letters, I do it in the hope that the whole context will 

 be read.) 



Finally, I venture to remark that there are only two alternative courses worth 

 pursuing. 



One is to let the fur-seals be extir]iated. Mankind will not suffer much if the 

 ladies are obliged to do without seal skin jackets. 



