332 ORAL ARGUMENT OF FREDERICK R, COUDERT, ESQ. 



Honours Lave before you; it is a map illustrating tlie migration routes 

 and resorts of tlie fur-seals in the North Pacitic. I only call attention 

 to it to say that the Court will see how far apart they are. It is difficult 

 to believe that even a partial commingling- of individual seals could 

 take place. I ask the Court to notice the suggestion, that a continual 

 harassing of the seals might drive the American seals to Russia or the 

 Kussian seals to America. What foundation there is for this perhaps 

 the Tribunal may be careful enough to enquire into. 1 can give no 

 light upon such a possibility. Upon what it is founded, I do not know, 

 and why it is to be presumed that these seals after an occupancy, to our 

 knowledge, of a full century, would start across an unknown ocean and 

 make an interchange of domiciles, I repeat, I can not explain. 

 Then section 454 : 



There is no evidence wliatever to show that any considerable branch of the seal 

 tribe which has its winter home off the coast of British Columbia resorts in summer 

 to the Commander Islands, whether voluntarily or led thither in pursuit of food- 

 tishes, and inquiries along the Aleutian chain show that no regular migration route 

 follows its direction, whether to the north or south of Islands. It is certain that the 

 young seals in going southward from the Pribilof Islands only rarely get drifted as 

 far to the westward as the 172ud meridian of west longitude, while Attn Island, on 

 the 173rd meridian east, is never visited by young seals, and therefore lies between 

 the regular autumn migration-routes of the seals going from the Pribilof and Com- 

 mander Islands respectively. 



That is admirably stated; it is admirably clear, and in the main, it is 

 precisely what we contend. It shows that these two migrations are dis- 

 tinct; that these two families have their respective homes, and that 

 they have never commingled; that they never do commingle, and they 

 never can commingle unless their habits should entirely change for 

 some reason which is not yet disclosed. 



Il^ow to close this branch of my quotations still borrowing from the 

 British Eeport and reading but three or four lines of section 224: 



The broad and general facts of the annual migration habits of the fur-seal do not 

 appear to depend primarily upon the pursuit of food, but rather seem to be governed 

 by the instinctive resort to the breeding islands in the spring, followed by the equally 

 instinctive departure for more Southern latitudes on the approach of the cold and 

 snows of winter. 



Of course, it is their instinct that leads them to go to the Pribilof 

 Islands in the summer, and, of course, it is their instinct that sends them 

 off when the severity of the winter makes that habitat intolerable. 



The President. — Is there any great difference between the climate 

 of the Bering Sea and that of the North West Coast. 



Mr. CouDERT. — Yes. The climate is itself very cool there; sunshine 

 very seldom appears. They ftrefer it for that reason, — it is very cool 

 and very moist; the sun may not shine for a week in the whole year 

 and it very seldom rains. 



Senator Morgan. — You are speaking of the Islands? 



Mr. CouDERT. — Yes. On leaving the islands they go south some of 

 them as far as the coast of California ; the bulls however do not. When 

 the British Commissioners speak of the seals on the Coast of British 

 Columbia, we might also speak of the seals on the coast of California; 

 they are the same seals and in their migration they do undoubtedly pass 

 the coast of British Columbia on their way back. 



It will be apparent at once to the High Tribunal that this question of 

 the possible intermixture or commingling of the seals is, as I have stated 

 one of capital importance: it goes directly to our right of property. If 

 it could be shown that these seals ran to and fro, that they would spend 

 a month or two on the Commander Islands and a month or two on the 



