196 



ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



Uuited States came into possession its lessees began by taking 100,000 

 annually, and they contiuiied to take that number annually until 1887 — 

 a period of seventeen years. It was not until 1881 that any real dim- 

 inution in the size of the lierd was observed. 



Now let us see wbat fortunes the herd Lad been subjected to in the 

 course of that period of seventeen years. This inquiry introduces us 

 to the subject of pelagic sealing and the attack which was thus made 

 upon the seals by man. If the members of the Tribunal will turn to 

 page 306 of the Case of the United States they will there see the 

 amounts of the draft proceeding from tliis kind of attack by the hand 

 of man, that is by pelagic sealing. The practice of pelagic sealing 

 began in 1872. Now, speaking of pelagic sealing, I do not mean that 

 kind of pelagic sealing that had been carried on always by the Indians 

 on the coast; I class that kind of pelagic sealing with the causes of 

 diminution which proceed from natural enemies of the seal other than 

 the acts of man. The herd had assumed a normal maximum with 

 that element prior to the time which I am taking into consideration 

 began. Pelagic sealing increased from year to year, as indicated by 

 the table of figures which I now read : 



The number of seal skins actually recorded as sold as a result of pelagic sealing is 

 shown in the followius table : 



Year. 



No. of 



skius. 



1872 1,029 



1873 



1874. 



, 4,949 



1875 1, (;46 



1876 2, 042 



1877 5, 700 



1878 9, 593 



1879 12,r,00 



1880 13, 000 



1881 13, 04 1 



Year. 



No. of 

 skins. 



1882 17, 700 



18S3 9, 19.5 



18>-4 *14, 000 



1885 13,000 



18SG 38,907 



1887 33 800 



18SS 37, 789 



1 889 40, 098 



1890 48, 519 



1891 62,500 



* Number estimated from value given. 



Now, during a period of more than ten years, this draft of 100,000 

 young males was made by the United States upon this herd without 

 any substantial diminution of its number. The contrary of that will 

 be asserted ; at least that proposition will not be admitted to the extent 

 to which I have stated it here. So far as the evidence is dealt with on 

 that subject on the part of the United States, it will be dealt with by 

 Mr. Coudert, I have not the time to go through the evidence; never- 

 theless I shall state the main grounds upon which that statement is 

 supported. The evidence showing, as the United States contends, that 

 up to the year 1881 there was no substantial or perceptible diminution 

 of the number is derived from the testimony of persons who were on 

 the islands and who knew the facts. There is no evidence to the con- 

 trary substantially contradicting that. There are some vague and 

 untrustworthy conjectures that a diminution had been observed prior 

 to that time, but the substantial evidence, I thiidv 1 am well justified in 

 assuming, confirms the position which I now take; and that is, that for 

 a period of ten years and more this draft of 100,000 was taken by the 

 United States without any substantial diminution of the numbers of 

 the herd. In 1881 it will be seen that pelagic sealing had assumed 

 large proportions, the numbers taken in that year being 14,000, while 

 in 1885 13,000 were taken in this manner; and, as I shall presently show 

 to the Arbitrators, that number consisted in great part, if not entirely, 

 of females. Of course this taking of females, operating, as it did, upon 

 the birth-rate, was a fact of the most important character. 



