364 ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 



animals, my statement, at least, is supported by reason, and by tlie 

 testimony of wiser men than myself, 



A question now comes up, a most important one in one sense, and an 

 utterly iirelevant one in the other. That is the question of manage- 

 ment on the islands. That question, so far as the judgment of this 

 Tribunal is concerned, in its general aspect is entirely irrelevant. The 

 management of this herd is our affair. It is the exclusive affair of the 

 United States; and neither Great Britain nor France, nor any of the 

 countries here represented, would willingly tolerate, much less encour- 

 age, any interference with its home affairs, such as the management of 

 this herd upon tlie Pribilof Islands. While that herd is there we sub- 

 mit it is just as much and exclusively within our control, and our 

 right of control as if they were so many calves or swine. 



Senator Morgan. — Do you find any power in this Treaty for this 

 Arbitration, to deal with the question ? 



Mr. CoUDERT. — ISTo. I was coming to that. Not only no power, but 

 an exclusion which is stronger tlian a mere negative argument. The 

 Treaty says that you shall not deal with this. Great Britain M^ould be 

 the last nation in the world to permit a foreign ingcrence, I will call it 

 because it is an untranslatable word — for lack of a better I would say 

 " interference " — but any immixtion to borrow another French word, 

 into its domestic affairs, and it would say to the wbole world: This is 

 our herd; it is our property; it is our property at sea and u])on land. 

 You dispute our title upon the sea. We yield for a moment, and sub- 

 mit to the ])eaceful methods of aibitration rather than resort to the 

 brutal methods of war; but nobody can dispute our right to manage 

 these animals as we please upon tlie land. The land is ours, and every- 

 thingthere is ours. From the lowest depth below iisquc ad ccdum it is 

 ours; and Great Britain would not permit, if any jurisdiction of hers 

 were even remotely concerned, that any such question should be raised. 



When the Government of Her Majesty instructed the British Com- 

 missioners, that Government gave them careful notice that they must 

 not exceed defined limits. My position now is before this Tribunal with 

 all respect, and unfeigned respect, that so far as the maimgement is 

 concerned of our Islands, — as manafiement — it is entirely outside this 

 case and outside the jurisdiction of tiiis Court. In one aspect of the 

 discussion, to which I shall presently allude, it may be important to con- 

 sider it, but so far as Eegulations are concerned, I will ask you to hold 

 that it is outside entirely, that you must hold that this being our prop- 

 erty, it is our interest to protect it. Our intelligence we claim to be 

 equal to the average of the rest of the world and of the other Govern- 

 ments of the world (there is no issue as to that — even by the British 

 Commissioners): we nmy therefore be trusted to take care of our own 

 property in the best possible manner. All 1 would ask you to look at is, 

 in considering the destruction of this race now threatened with exter 

 mination, whether our methods in theory and in general practice are not 

 calculated for conservation, and the others for annihilation. 



When you consider the cause of the destruction, you may say, if you 

 choose to look into it, that bad management, if any has been proved, 

 that bad system, if any is alleged, may have contributed to the alleged 

 diminution by pelagic sealing; but so far as regulations are concerned, 

 that is a matter absolutely within our own exclusive jurisdiction and 

 right. 



Lord Hannen. — Will you allow me to make an observation. 



Mr. CouDERT. — I hope your Lordship will. 



