118 ORAL ARGUMENT OP SIR RICHARD WEBSTER, Q. C. M. P. 



fonr weeks to five weeks to put it accurately — the pup seals begin to 

 spread all along the shores of the islands for vast distances — distances 

 of a mile, a mile and a half, and even more, and occupy positions in the 

 islands away from the harem to which the female wonld return if the 

 puj) was absolutely dependent upon her; and therefore it seems to me 

 to be comparatively immaterial unless we were in a position to say, 

 (which we are not), that up to a certain time the pup is dejjendent on 

 the mother and that after a certain time ther pup is independent of the 

 mother. Criticising the evidence as fairly as I can, it seems to me that 

 there is no evidence of the pup feeding independently before it is three 

 to four weeks old, and that after that time there is substantial evidence 

 to show that the pup can, to a certain extent, take care of itself; but 

 iigain I say I think in all probability that with seals as with other ani- 

 mals, the pup will go on sucking tlie mother much longer than a period 

 of three to four weeks if it gets the chance. 



Now at the bottom of page 143 is another passage in Mr. Maconn's 

 report which I wish to read. He says: 



I was repeatedly told by agents of the United States Government that wlienever 

 females were seen coming from the water they had been out to sea for food. This 

 was manilestly absurd, as when the morning was cold it was apiiareut that few seals 

 were absent from the rookeries, but if the sun afterwards came out, or the day gi'ew 

 warmer, hundreds of seals would be seen going to the water, and late in the after- 

 noon, or towards evening, as it became cooler, they would return to their respective 

 harems. At such times the water from 100 yards or so in front of the rookery would 

 be black with seals, while fnrtlier out but few — and sometimes none — were to be 

 seen. Many females were watched from the time they left the harem until they 

 were lost among the multitude of swimming seals. They would slide into the water 

 and roll about with evident enjoyment for a few minutes, and then come out upon 

 some rock ; after a short rest they returned again to the water. Though a careful 

 watch was often kept, no cow was ever seen by me to enter the water and swim out 

 to sea. 



On the 23rd July, at Lnkannon and Ketavie rookeries, more than half the seals 

 were in the water, but careful examination, through lield-glasses, of the sea in front 

 of these rookeries, neither showed seals coming towards the land nor going from it. 



During the seasons of 1891 and 1892, but more especially in 1892, I spent much 

 time at sea in the vicinity of the seal islands, and during both seascms kept a careful 

 count of the number of seals seen in the water. It was noted in both years that 

 while the seal were very abundant in the immediate vicinity of the rookeries, and 

 few were always to be seen between 2 and 3 miles from the islands, very few were 

 after that to be seen until we had gone a long di.stance out to sea. It is thus evident 

 that the number of seals going to and from the islands is very small. 



On the 11th September, when on H. M. S. "Melpomene" we steamed from North- 

 east Point to the village of St. Paul— a distance of about 11 miles — being nevermore 

 than 3 miles from the shore, and most of the time much nearer to it, when off North- 

 east Point, Polavina and Reef rookeries, thousands of seals were, with the aid of 

 field-glasses, seen playing in the water near the shore, but very few close to the ship 

 at the distance stated from the land. 



I mention that, Mr. President, in order to show you that Mr. Macoun 

 had opportunities of investigation, exercised those oj^portunities, and 

 has recorded the results of his observation I submit, fairly; and it 

 leads to the natural conclusion, namely, that these female seals would 

 go into the water according to their inclination, especially if the 

 weather was hot, for the purpose of cooling themselves, or for the pur- 

 poses enjoying the water and then coming out again; whereas the 

 United States asks you to believe that no female seal ever goes into 

 the water except for the purpose of going away and getting food and 

 coming back. It seems to me to be a somewhat extravagant assump- 

 tion, and I shall ask the Tribunal when they have considered this and 

 the further evidence, to come to the conclusion that the view submitted 

 by Great Britain with regard to this point is not without ample war- 

 rant having regard to the evidence which is before the Court. 



