324 ORAL ARGUMENT OF CHRISTOPHER ROBINSON, Q. C. 



Mr. Robinson, — Just let me ask — because I do uot care to entertain 

 assumptious which seem to me to be absolutely unfounded — is there 

 any pretence in the evidence for saying that a reasonable exercise of 

 pelagic sealing is inconsistent with the in'eservaticm of the seal race? 

 Consistently with reasonable management on the islands, I say that it 

 seems out of the question, and on the evidence there is no pretence for 

 saying it. 



The President. — It seems to be a question of measure. Even the 

 other side admit of a certain amount of i)elagic sealing to the Indians. 



Mr. EoBiNSON. — Certainly, they say that; and further, if you recol- 

 lect, they say — I do not like to use the term nonsense before a Tribunal 

 of this description; but surely it is all absurdity to say that no degree 

 of pelagic sealing can go on consistently with the existence of the seal 

 herd, when, as a matter of fact, pelagic sealing has gone on from time 

 immemorial, and that it is only in the year 1886 that it began to do 

 harm to the seal race. 



]\Ir. Justice Harlan. — How long has pelagic sealing gone on with 

 schooners and shot-guns? 



^Ir. IJoBiNSON. — It has gone on since 1879, I believe. That is the 

 year I gave. 



Just let us inquire about this matter for a moment, because one likes 

 to know when suggestions of this kind are made, and when the questicm 

 seems to be pushed to extremes. Killer whales have been extcrujinat- 

 ing these animals, to the best of their ability, male and female, young 

 and old, ever since they have existed. That is a thing that has to go 

 on. You are not to protect the seal race for the exclusive benefit of 

 the United States, or for anyone else. 



The President. — If you could destroy the killer whales, nobody 

 would object. 



Lord Hannen. — You would have no objection to regulating them, 

 even if regulation amounts to prohibition. 



Mr. PoBiNSON. — I have no objection to regulating killer whales at 

 all. I may say here, that although the suggestion has been nuide to 

 the people on these islands that they should do something to protect 

 the seals against the assaults of these killer whales, and that it could 

 easily be done, they have nevei- done it. 



I venture to say this with regard to these questions that have been 

 put, and the question as to what facts are unknowu: We hear a gieat 

 deal about surplus males. I have the strongest impression, without 

 proi)hesying, that some day or other it will be found that there is no 

 such thing in connection with this race as surplus males, proitcily 

 s])eaking. I mean if the race is to be perpetuated, it will be found t liat 

 there are no such things as surplus males. I say that when this thing 

 comes to be ascertained, it will be found that, as in the case of other 

 animals fern naturcv, these males in all probability do not last on the 

 rookeries for more than two or three years; that they correspond to all 

 other animals of the same class; and that the notion that these sexes 

 were produced by nature in equal proi)ortions simply to allow men to 

 kill oil" the surplus males, has no foundation whatever. I believe there 

 are no such things as surplus males consistent with the due preserva- 

 tion of the herd at its best, sinq)ly because it is a provision made by 

 nature for the selection of the best for the purpose, and the constant 

 selection of the best for the pur])ose, that can be obtained. Otherwise, 

 if nature did not intend that there should be a use for an equal number 

 of each sex, nature would not have i)rovided so. It is no use talking 

 about not tauq)ering with the law of nature. My learned friends' 



