352 ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 



The British Commissioners say: 



Among the first of the more stringent measures adopted was the restriction of kill- 

 ing to males, which followed from the discovery that a much larger number of males 

 were born than were actually retj^uired for service on the breeding rookeries. 



This was tlie great secret. Until it was discovered and put into 

 eflect the secret of cultivating the seal was not ascertained; so long as 

 it was overlooked, the fundamental dictates and laws of nature were 

 disregarded. Where tlie attack was indiscriminate tlie result was 

 obvious. But the Enssians soon discovered this, and long before the 

 United States came into power through the purchase of the islands, the 

 killing was confined to the young male seals. 



I do not care to go into the discussion of the number of the females 

 in the family of the seal. There is much discussion as to that which 

 seems to me unnecessary, nor is it very material whether it is 15, 20 or 

 25, whether it is 40 or 50. There is evidence upon this all through the 

 Case. The British Commissioners state certain figures, and they rely 

 upon the British Cyclopaedia, which was printed fifty years ago, to state 

 that according to the ordinary and general rule, the family consisted of 

 one male and 40, 50 and even 00 females. But it is not important Avhen 

 we recollect that the seal is ai)olygamous animal, and that a large num- 

 ber of females go with every single male ; this makes at once the obvious 

 necessity of a discrimination. To kill a female, under those circum- 

 stances, is a crime. 



I say, therefore, I will not dwell upon that subject of the average 

 number in the family. I do not consider it is material, as the facts are 

 plainly shown that there is a sufficient number of males for the females. 



I spoke of the breeding rookeries and the hauling grounds, and read 

 from the Case in order to show a distinction between those two; but it 

 is proper for an understanding of the methods of these animals, at their 

 home on these islands, to say that the distinction disappears at a cer- 

 tain period of the year. They come there, as appears, alternately, the 

 bulls coming first and remaining on the rookeries waiting i)atiently for 

 weeks without food ; then they come in rotation. But there is a general 

 mixture of the family about the end of July and then the distinction 

 between the breeding grounds and the hauling grounds is broken up; 

 and the severe line of demarcation between the older members of the 

 household and the younger members disappears. Then many of the 

 larger ones which we have called the bachelors — that is the name under 

 which they are known — are allowed to mingle with the other animals, 

 the older ones, the mothers, the cows and the rest of them. The hauling 

 place after this presents a confused appearance. The nice lines of 

 demarcation have been obliterated. 



The male seal when six or seven years of age goes upon the breeding 

 grounds. You will remember that the seals are killed on the island 

 up to the age of five or six years. After this they enter the breeding 

 grounds. 



Soon after giving birth to her young the cow goes out to sea in search 

 of food. I will read briefiy from the United States Case upon this, 

 because the distance to which the cow goes for food may be an impor- 

 tant element of consideration. Perhaps the learned members of the 

 High Tribunal will renuMuber that Mr, Carter adverted to the remedies 

 suggested by the British Commissioners for the exhaustion — the threat- 

 ened exhaustion — of the race, and it appears that these geutleinen 

 thought they were making a valuable suggestion when they said that 

 there might be a protected zone of twenty miles, subject to a gradual 

 iucvease upou the United States agreeing to suspend the killing or tq 



