368 ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 



especially if it is to get away with a wound in its body, to perish, and 

 to be of no use to any human being. Our method, is not sportsmanlike 

 and that is precisely its beauty — its convenience. These animals must 

 be sacrificed for the good of mankind. Then the only question is, how 

 can you do that in the most humane way; and we think that a blow 

 on the head, which kills them in the twinkling of an eye, is infinitely 

 more humane than giving them a chance while you are pursuing them 

 with a shot-gun and a spike. 



There is no evidence, I think I can say this boldly and with perfect 

 confidence, worthy of consideration, showing that, trom 1870 down to 

 the year 1888 or thereabouts, any decrease in the herd had taken place 

 through such killing; on the contiary, the evidence shows that the 

 herd had actually increased during those ten years, and it was only 

 when destruction on the sea began, with its inevitable accompaniment 

 of permanent destruction, that they found on the islands that they were 

 killing too many males; and the candid confession of the British Com- 

 missioners themselves explains it. The system was not adapted to 

 pelagic sealing — to this growing industry — for which they wished to 

 provide, not only to-day, but for its natural expansion, as they expressed 

 it. So that you are called upon to make regulations not only to permit 

 this slaughter that includes 80, 00 or 05 per cent of females, but to cast 

 an eye into the future and invoke a prophetic faculty. You must say: 

 "This is going to increase, and we must provide for the increase of 

 pelagic sealing besides protecting it in its present condition." 



Now, in connexion with that, and in support of it, I want to read 

 from the United States Case, page 104: 



Under this careful management of the United States Government, the seal herd 

 on the Pribilof Islands increased in unnibers, at least up to the year 1881. This 

 increase was readily recognized by those located on the islands. Captain Bryant 

 says that in 1877 the breeding-seals had increased to such an extent that they spread 

 out on tlie sand beaches, while iu 1870 they had been contined to the shores covered 

 with broken roclcs. Mr. Falconer mentions the fact that iu 1871 passages or lanes 

 were left by the bnlls through the breeding grounds, which he observed to be entirely 

 closed up by breeding seals in 1870 and in this statement he is borne out by Dr. 

 Mclntyre. It must be remembered in this connection that two hundred and forty 

 thousand male seals had been destroyed iu 1868 — 



that, as I have already explained to the court, was during the year 

 when there was an interregnum, Eussia retiring and the United States 

 not appearing, then there was a slaughter of li 40,000 — 



and that this increase took place iu spite of that slaughter ami although 100,000 

 male seals were taken annually upon the islands. 



We thus have a system confessedly perfect in theory. I think it is 

 also stated by the British Conuuissioners (to use their own language) 

 that, from a transcendental point of view, it is an admirable system. 

 It is admirable in theory; it is admirable transcendentally. It was 

 considered admirable in practice until pelagic sealing api)eared before 

 the world. Until that method of destruction became manifested and 

 its results became evident, there was no difficulty whatever; and, as 

 this is an important point, I will call the attention of the Court and 

 my friends on the other side to the collated testimony on different 

 subjects at page U60. It is practically an Appendix to our Argument. 



There is the testimony of Mr. Mclntyre. I will not trouble the court 

 to look at it; I will refer my friends to it. Mr. Mclntyre says: 



That while located on the Pribilof Islands I was the greater part of tliat period 

 upon the island of St. Paul; that during the twenty-one years upon the islands I 

 examined at freiiueut intervals of time the bi'efding rookeries on said island of St. 

 Paul, and now recollect tlie condition of s.-iid rookeries and the approximate area 

 ■vhich each of them covered at different times during my experience on said islands. 



