ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 189 



giving tlieir opiuioiis upon these questions and their opinions, from 

 whatever sources derived, are therefore evidence of the facts which 

 they state. They are original evidence of tlie fact which need not be 

 further substantiated. At the same time they are substantiated by 

 the great weight — as we tliink the overwhelming weight — of the testi- 

 mony which is before this Tribunal, 



Senator Morgan. Suppose the same effect is conceded to the report 

 of the Commissioners on behalf of Great Britain? 



Mr. Carter. 1 have had occasion already to observe that so far as 

 the opinions of those commissioners go as to facts, so far as their state- 

 ments ]>iirported to be based upon other observations than their own, I 

 have submitted grounds and reasons which lead me to the belief, and I 

 think will lead the Tribunal, or should lead the Tribunal, to the belief, 

 that those statements are not to be taken where they conflict with the 

 statements of the American Commissioners. 



The President. Do you take the opinions of the American Com- 

 missioners as evidence? 



Mr. Carter. I do. 



The President. And you reject the British opinions as evidence? 



Mr. Carter. I do, in general; and that for the reasons stated, that 

 the opinions of the American Commissioners have been formed in pur- 

 suance of the duties im])Osed upon them by the terms of the tre:ity, 

 and in accordance with that conception of their functions which is con- 

 tained in the treaty; and the views of the British Commissioners are 

 based upon a dififeieiit conception. 



That is all I purpose to read at present from this report. It gives a 

 general desciip'"ion of the nature and habits of this animal, tlie condi- 

 tions of seal life upon the islands and the facts attending the migra- 

 tions of tlie seal. 



There are some further matters of fact in addition to these which I 

 desire to lay before the Arbitrators, and for this purpose 1 read some 

 statements in our argument which we conceive to be clearly established. 



First. In addition to the climatic and physical conditions above enumerated as 

 necessary to render any place suitable for a breeding ground for the seals, exeni])ti()n 

 from hostile attack or molestariou by man, or other terrestrial enemies, should be 

 incliiiled. The defenceless condition of these animal.i upon the land reuders this 

 security indispensable. If no terrestrial spot could be found possessing the favor- 

 able climate and physical requirements above mentioned, and which was not at the 

 same time exempt from the un)-egulated and. iudiscrimiuate hostility of man, the race 

 "would 8j)eedily jiass away. 



Second. The mere presence of man upon the breeding places does not repel the 

 seals, nor operate niifavorably upon the work of reproduction. On the contrary, the 

 presence of man and the protection which he alone is capable of affording, by keep- 

 ing off marauders, are absolutely necessary to the preservation of the species in any 

 considerable numbers. 



That statement is, of course, substantiated by what we know respect- 

 ing the numbers of seals of similar character in the South Seas. In 

 former periods they existed in great multitudes. Not however being 

 protected ui)on the breeding places l>y man they were visited by ves- 

 sels fitted out for their capture and were very speedily destroyed. 



Third. If man invites the seals to come upon tlieir chosen resorts, abstains from 

 slaughtering them as they arrive, and cherishes the bieeding animals dnring their 

 sojourn, they will as contidingly submit themselves to his power as domestic animals 

 are wont to do. It then becoHies entirely practicable to select and separate from 

 the herd for slaughter such a number of non-breeding animals as may be safely taken 

 without encroaching upon the permanent stock. 



That statement, if disi)uted would be abundantly proved by the evi- 

 dence. We know, of course, from the experience upon these islands 



