ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 371 



ou that. The figures I have already to some extent given. They have 

 appeared from my brother Carter's argument, and I also will give the 

 Court a statement shewing, as far as may be, what the extent of pelagic 

 sealing was from 1870 to 188-1. But I ought to say now, so that the 

 table will be understood and lest I should omit them, that we are unable 

 to give an exact and satisfactory statement. Our friends on the other 

 side are able to give us a statement of the Canadian sealers and the 

 havoc done by them, because there is a regular table and account kept 

 of that, but in addition there was a number of American sliips engaged 

 in the same business going on with the same methods of destruction 

 and resulting of course in the i)artial deterioration of the flock beyond 

 the immediate numbers killed. 



Senator Morgan. — Do you mean the American ships were engaged 

 in the Behring Sea, or outside of it? 



Mr. CoiiDERT. — They were engaged outside at first, from 1876, — we 

 have no account of it; so that when tlie Couit looks at the statement 

 furnished by our learned friends as to the depredations committed by 

 the Canadian sealers, it must be borne in mind, that it is only an imper- 

 fect statement of the damage actually realised. 



I resort, again, to Mr. Mclntyre, He was on these Islands most of 

 this time; and I am about to read now from the collated testimony, 

 page 277. That is the Ai)pendix to the Argument. 



Mr, Justice Harlan. — The evidence there is in the same words as in 

 the original vobune. 



Mr. CouDERT. — Yes; it is an abstract, but a literal abstract. 



Mr. Phelps. — It is really an extract. 



Mr. CouDERT. — Yes, a literal extract. 



That dnriugthe tbiee years followiuo- 1882, namely 1883, 1884 and 1885, I was not 

 upon the islands; tliat upon my return to said islands in 1886 1 noticed a slight 

 shrinkage in the breeding areas but am unable to indicate the year of the period of 

 my absence in which the decrease of breeding seals began; that from the year 1886 

 to 1889, inclusive, my observation was contiuuous ami that tliere was a greater 

 decrease of the seals for each succeeding year of that period, in a cumulative ratio 

 proportionate to the number of seals hilled by pelagic sealers. 



In 1886 I again assumed personal direction of the work upon the islands, and con- 

 tinued in charge up to and including 1889. And now, for the first time in my expe- 

 rience, there Avas difficulty in securing such skins as we wanted. 



That is in 1889. 

 The trouble was not particularly marked in 1886. • 



Mr Justice Harlan. — That was in 1880, I think. 

 The President.— From 1886 to 1889. 



Mr Justice Harlan. — He says: "And now, for the first time;" that 

 means, for the first time in 1886. 

 Mr CouDERT. — Yes. 



The trouble was not particularly marked in 1886, but increased from year to year 

 to an alarming exteut, until in 1889, in order to secure tlie full quota and at the same 

 time turn back to the rookeries such breeding bulls as they seemed to absolutely 

 need, we were forced to take fully 50 per cent, of animals under size, which ought to 

 have been allowed one or two years more growth. Concerning this matter, I reported 

 to the Alaska Commercial Company under date of July 16, 1889, as follows: "The 

 contrast between the present condition of seal life, and that of the first decade of the 

 lease is so marked that the most inexpert cannot fail to notice it." 



Just when the change commenced, I am unable, from personal observation, to say, 

 for as you will remember I was in ill health and unable to visit the islands in 1883, 

 1884 and 1885. I left the rookeries in 1882 in their fullest and best condition, and 

 found them in 1886 already showing slight falling oft", and experienced that year for 

 the first time some dilBculty in securing just the class of animals iu every case that 

 we desired. We, however, obtained the full catch in that and the two following 

 years, finishing the work from the 24th to the 27tli of July, but were obliged, par- 



