230 ARGUMENT OF THE UNITED STATES. 



I. — The General Nature and Characteristics of the Fur-Seal. 



It is unfortunate that even upon so familiar a subject and one so often 

 treated as the seal, its nature, and habits, there should be a wide di- 

 vergence between the American and British Commissioners. In fact, 

 it would seem that the animal observed by the Commissioners from 

 Great Britain was an entirely different animal from that considered 

 and studied by the Commissioners appointed by the United States. 

 This is tbe more remarkable because for more than a century a multi- 

 tude of observers, scientists, government agents, and overseers have 

 been giving their attention to the nature, habits, and life of the fur- 

 bearing seal, the best method of protecting the animal from destruction, 

 and the wisest course to secure an annual increase for the purposes of 

 commerce; the reason for which the supply of these valuable creatures 

 has diminished; the number of animals yearly killed, etc. They cer- 

 tainly by this time ought to have become fairly ascertained and known 

 and to be placed beyond the reach of discussion or dispute, and so, in 

 fact they seem to be. There has been a general concurrence among 

 the observers referred to, as complete as may be found among the 

 same class of persons in relation to the nature and habits of ordinary 

 domestic animals. 



But it has become apparent that the British Commissioners have in 

 their separate report thought fit to make an elaborate defense of the 

 practice of pelagic sealing and to have imparted to their investigations 

 and the formulation of their conclusions so strong a desire to protect 

 the supposed interests of their people as to lead them to most extraor- 

 dinary conclusions; indeed, this unfortunate result seemed almost 

 inevitable, the premises upon which they started being conceded. To 

 defend pelagic sealing, the main feature of which consists of slaughter- 

 ing gravid females or nursing mothers, it was almost inevitable that 

 some fundamental mistakes should be made as to the nature and hab- 

 its of the animals and that statements should be adopted and theories 

 advanced which, upon their face, are utterly unworthy of countenance 

 or respect. The animal discovered by the British Commissioners might 

 be defined to be a mammal essentially pelagic in its natural condition 

 and which might be entirely so if it chose to be; an animal, too, which 

 is gradually assuming that exclusive character. Coition takes place 

 very frequently and more naturally in the water. It is a polygamous 

 animal and when on land exhibits extreme jealousy to guard its harem, 



