ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 263 



that to some extent on tlie islands there had been a miscalculation, an 

 overdriving, or anything else which experience shows was not advisa- 

 ble, it is to be presumed, and it is perfectly certain that would be cor- 

 rected, as it is quite in the power of the Government to correct it, and 

 that it does not at all enter one way or the other into the question of 

 the consequences of pelagic sealing, which are quite independent. It 

 simply suggests if it is true, though we have taken the pains to show 

 it is not true, that the conduct of the American authorities has helped 

 towards the decrease that now exists, and is conceded to exist. I had 

 considered yesterday the first proposition that is made that too many 

 seals have been killed, and I was passing over the evidence as fast as 

 I could on the subject of the decrease, and of the warnings that are 

 said to have been given to the American Government by its own 

 agents on this subject. Eesuming that, I referred to Captain Bryant, 

 the first witness called on the other side. Dr. Me Intyre is another 

 witness relied upon, and when you examine his testimony you find in 

 respect to this, that it shows no such thing. Dr. Mc Intyre is cited by 

 the British Commissioners. He was the superintendent upon the 

 Islands, and he says the number of seals have decreased since 1882. 

 He did not mean from 1882. All the evidence in the Case is to the 

 contrary of that. It was very much later. It was as late as 1889. In 

 1881 and 1885 there was a slight decrease, but the significant decrease 

 I am talking of, that would attract attention, was much later than that. 

 In support of that, passages are cited from his Congressional Eeport 

 in 1889, entitled "Fur-seal fisheries" and the moment the language 

 is read it will be seen that Dr. Mc Intyre does not mean any such 

 thing as is ascribed to him. He is referred to at section 830 of the 

 British Commissioners' Report, and he says at page IIG of the Con- 

 gressional Keport of 1889. 



From 1870 to 1882 there was a constantly increasing number before the beginning 

 of the annual marauding, and the increase was apparent each year. The bounda- 

 ries of the rookeries were being constantly extended. The lanes through the rook- 

 eries were in many cases completely closed before 1882. There was no question at that 

 time as to the increase, but since 1882 the lanes through the rookeries have again 

 opened and grown wider Irom year to year. Diiring the last two years bachelor 

 seals pass through these lanes as they did not formerly. 



He was absent from the Island, as is shown in the United States 

 Case Appendix, 1883, 1884 and 1885. He knew nothing about it and 

 could have known nothing about it and does not profess to have known 

 anything about it. When he says since 1882, he does not mean to say 

 beginnirifj tcith 1882. He is writing in 1889. Another quotation from 

 Dr. Mclntyre's testimony is found in the Appendix to the United 

 States Argument page 293: 



I was, therefore, always alert to see that a due proportion of breeding males of 

 sei'viceable age was allowed to return to the rookeries. This was a comparatively 

 easy task prior to 1882 1)ut it became from year to year nu)ro difficult as the seals 

 decreased. No very explicit orders were given on this point till 1888. 



There is the same observation. 



In the affidavit of Dr. Mclntyre in the 2nd volume of the United 

 States A])pendix, page 45, he uses this language, and this is really his 

 judgment on the subject: 



That from the year 1880 there was an expansion of the areas of the breeding 

 grounds and that in the year 1882 they were as large as at any time during my 

 acquaintance with them; that during the three years following 1882, namely, 1883, 

 1884, 188.5, 1 was not upon the Ishuuls; that upon my return to this Islands in 1886, 

 I noticed a shrinkage in the breeding areas but am unable to indicate the year of 

 the period of my absence in which the decrease of the breeding seals began. 



