380 ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 



it begins and how it extends. It is an object lesson as General Foster 

 suggests and one of singular interest and importance. The chart is 

 at page 591, beginning with that small beginning and extending and 

 expanding as you see here until we have 



Senator Morgan. — Is that a list of the vessels? 



Mr. CoUDERT. — Yes sir j that is a list of the vessels. 



Senator Morgan. — What year does the last column refer to? 



Mr. CouDERT. — The last column refers to 189j{. 



Senator Morgan. — How many vessels are there? 



Mr. CouDERT. — I have not counted them. 



Sir Charles Eussell. — There is a summary at the botfom of it. 



Mr. CouDERT. — In 1892 there were 122. In 1875 tliere was one. 

 And there is no reason to suppose that they will not continue increasing. 

 On the contrary, there are reasons to believe otherwise. 



Mr. Justice Harlan. — Mr. Coudert, the President has asked me a 

 question which I am unable to answer. I see in 1891 there were 115 

 vessels. Were those vessels in the ISTorth Pacific alone or were their 

 operations affected by the modus rirendi? 



Mr. Coudert. — They were in both, I understand. Sir, the North 

 Pacific and Behring Sea. 



Mr. Justice Harlan. — How did they get into the Behring Sea after 

 the modus riven di of 1891 ? 



Mr. Blougett. — Because they sailed before the modus vivendi was 

 made and did not get notice of it. The modus rirendl was not signed 

 until June 15th and most of them had sailed and were not iutercei)ted. 



The President. — There were no seizures in 1891 ? 



Mr. Justice Harlan. — Yes; I think there were some. 



Mr. Carter. — They were warned away. 



The President. — But not seized? 



Mr. Carter. — Some of them. 



The President. — But there is a very notable increase, you will 

 remember, in the number of these sealing vessels during the two years 

 of the modus riccudi. They were almost double. 



Mr. Carter. — Tin? whole of the North Pacific was open. 



The President. — T see the number is nearly double in the two last 

 columns over the preceding ones and that is precisely the year Miien the 

 modus vivendi was in operation. 



Senator Morgan. — That is because they found the fishing on the 

 outside twice as good ns it was on the inside. 



Mr. Carter. — The price of skins was twice as great. 



Mr. Coudert. — There is also this and it is tlie strongest possible 

 illustration of what the President stated a minute ago. Notwithstand- 

 ing this modus vivendi in 1891, 28,'888 seals were killed in Behring Sea. 

 Take those figures in connection with that sort of chart that I have 

 given you, that list which opeiates upon the mind's eye as a chart or 

 object lesson and y(m cau see what proportions this is taking. I will 

 say in addition, that it is an ever increasing business. And you are 

 asked by our friends on the other side to make provision, not only for 

 the business as it exists to day with its numerous fleet, but as it is 

 likely and ceitain to exist in the future. 



Mr. Justice Harlan, — I do not gather your statement exactly. 



Mr. Coudert. — 28,888 are figures we have of that catch in 1891 in 

 Behring Sea. 



Mr. Justi(;e Harlan. — Notwithstanding the modus vivendi? 



Mr. Coudert. — Yes sir. That we get from our adversaries. 



