366 ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 



on the Islands and pelagic sealing, that is sealing on the high seas. It 

 is that, in the one, discrimination is possible, and, in tlie other, discrim- 

 ination, by the very nature of tilings, is impossible. The British 

 Commissioners have stated, and they have truly stated, on this subject 

 of discrimination that it was absolutely impossible, and have illustrated 

 it in this way. — That it is as unreasonable to ask a pelagic sealer to 

 discriminate as to the sex of the seal that he kills as for a fisherman to 

 discriminate as to the sex of the tisli that he catches on his hook. From 

 the very nature of things, he cannot do it. Examination comes too 

 late. 



It follows death. It is a post mortem examiiuition, of necessity, and 

 cannot be anything else. There is the great distinction. Whereas on 

 the Ishinds an intelligent system, pursuing tlie laws of nature, will 

 enable men to discriminate, and will preserve the tiock. That is the 

 reason from the beginning, — away back into the time of the Russian 

 occupation, when it was discovered, for it was only by experience that 

 it was discovered, that a deadly wound was being inflicted upon the 

 property (that is, the herd) by promiscuous killing. The Russians came 

 to the conclusion that they must discriminate as to sex and kill only the 

 young males. 



That system has been carried on by the United States with improved 

 methods, as we shall show, it is a reasonable system; it is declared 

 by our Adversaries to be an admirable system; to be perfect in its 

 theory, and we claim it to be as nearly pertect in its administration as 

 anything committed to fallible human hands can be. Of course, it is 

 not adapted to pelagic sealing; and in all schemes that are proposed, 

 they all come back to this, and founder upon that rock: — "Discrimina- 

 tion is impossible except on the Islands." I need hardly argue that if 

 there is no discrimination, there must be destruction. This is an 

 expanding business. It has been a mostprolitable one; the number of 

 ships has increased enormously, and if it is thrown open or kept open 

 to pelagic sealing, there being no discrimination, females being largely 

 predominant in the catches, no argument is necessary to show, for it is a 

 conclusion from ordinary experience and common sense, that extinction 

 uuist ensue. 



I will read a short statement from our Case on this page 153: 



The class of seals allowed to be killed are the nou-breediui;- males from one to five 

 years of age which haul out n])on the hauliug grounds renu)te from the breeding 

 grounds. The handling of this class of seals" because of their separation from the 

 breeders causes the least possible disturbance to the seals on the breeding grounds. 



Your Honours may remember that yesterday I called attention to the 

 distinction on the land, — the different homes that these animals had 

 adopted, the old bulls going first on certain pai'ts of the rookeries, the 

 cows following, and the young ones taking a different locality, — a dif- 

 ferent district on the Islands; so that when you take the young males 

 you do not disturb the breeding-grounds at all; and it is very impor- 

 tant they should not be disturbed. Great precautious are taken; as, 

 for instance, not a dog is allowed on the Islands, lest his barking should 

 disturb the seals; and I believe they even go so far as to prevent 

 smoking; — at any. rate, if the seal's sense of smell is as keen as the 

 British Commissioners make out, they ought to stop smoking. 



Lord Hannen. — Is it not that they forbid lighting fires because of 

 the smoke! They do not forbid smoking, do they? 



Mr. CouDEET. — Well, my impression is that smoking near the breed- 

 ing grounds is interdicted: 



The handling of this class of seals because of their separation from the breeders 

 causes the least possible disturbance to the seals on the breeding grounds. 



