38 ORAL ARGUMENT OF SIR CHARLES EUSSELL, Q. C. M. P. 



extreme caution in the imposition of rules, in view of the lack of defi- 

 nite information, the result of which it is inii)ossible to ])redict, with 

 anything approaching certainty by any person applying himself to the 

 consideration of this question. What do we find here"? A number of 

 questions in debate of the most elementary kind about these far-seals. 

 One is struck by the reading of this voluminous literature with the fact 

 that although fur-sealing pelagically and on land, has been carried on — 

 pelagically certainly probably from the earliest time — on land also for 

 more than a hundred years — that absolutely until the year 1891-92 no 

 one appears to have had any knowledge whatever as to what was the 

 migratory route of the seals. It a])pears to have been the result of 

 the discovery of the Commissioners from both countries sent out for 

 that purpose, Avho have traced in a rougli way, but not marked out 

 with that precision and that accuracy, which if it were possible 

 at all, could only be arrived at by prolonged, anxious and repeated 

 observations, extending over a great number of years. 



Take another question. We have a general idea of the period of ges- 

 tation of the female — that it is between 11 and 12 months. Where are 

 the figures; where are the instances'? Still less have we any accurate 

 account of the breeding life of the female. 



Again as to the bull — either as to'the duration of his life or as to the 

 duration of his powers. None. 



Again we have the fact which in another connection 1 must refer to, 

 of the extraordinary abstention from food for long periods of time. It 

 is admitted that that does take place — admitted by my learned friends 

 and by us; it is common ground between us. It is admitted that the 

 bulls do not feed from the moment of their arriving upon the breeding- 

 grounds in May or June, until their breeding functions on the rookeries 

 are at an end, when in July or August they leave the islands — an amaz- 

 ing fact, a fact which also occurs in the case of other wild animals, the 

 walrus, the sea otter and I think some other species of the seal. But 

 how about the females in nourishing tlieir young? Upon this point, 

 which is in connection with a zone as to regulations, a very important 

 one, there the most flat contradiction between the views taken by those 

 arguing for the United States or supporting their contention and the 

 views taken by those who are representing the views or supporting 

 the views of the Government of Great Britain. When does the female 

 seal first take food, if it takes it at all; at what period in the life of the 

 pup? When is the imp self-sustaining? All these are questions as to 

 Avhich absolutely the Tribunal is in a state of comparative ignorance. 



Mr. Gram. — Will you allow me. Is there anything which shows that 

 the number of male seals born each year is the same as the number of 

 female seals? 



Sir Charles Russell. — Yes, Sir. I will refer you to that. The 

 evidence is that they are born in equal numbers, male and female — 

 taking an average, of course, of years. 



The President. — That is not contradicted on either side? 



Sir Charles Russell. — No Sir. It is common ground between us. 



Mr. Carter. — It is assumed rather than proved. 



Mr. Phelps. — We suppose it to be true. 



Sir Charles Russell. — My friend Mr. Carter argued the case on 

 that basis and assumed it; and we have both assumed it, and there is 

 no evidence to the contrary. 



Sir Richard Webster. — The United States counsel take that view. 



The President. — Perhaps counsel on both sides will explain for us 

 a point in natural history, whether notoriously polygamous animals are 

 alsiO born in equal proi)ortions, male and female? 



