ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 381 



The President. — Perhaps Mr. Blodgett will tell us whether the 

 sealing has yet begim in this year. You say that in 1891 the sealing 

 had begun before the notification of the modus viveiidi could be com- 

 municated. How is it this year*? 



Mr. Blodgett. — The notification was not made until the 15th of 

 June. The sealing vessels left Victoria, Port Townsend and San Fran- 

 cisco several weeks before that and were out on the ocean. They got 

 no notice. Some of them were met by the cruisers of the United States 

 in the Behring Sea and warned out. Others remained there and made 

 their seizures. 



The President. — I am afraid they may go on this year, and there 

 will be an increase. 



General Foster. — I think I can make it clear, if you will allow. In 

 addition to what has been stated as to 1S91, in 1892 under the modus 

 Vivendi the presence of vessels in Behring Sea Avith fishing equipment 

 on board was a sufficient justification of her condemnation without any 

 notice. That is the difference between the condition of things in 1891 

 and in 1892. Consequently only a very few vessels went into Behriiig 

 Sea in 1892; because if they had gone in it did not require a notice 

 previously, but their presence there would be the cause of their con- 

 demnation. The commander of the American fleet reports that less 

 than 500 seals were taken in Behring Sea in ]892. That modus vivendi 

 will be in operation the present year. The sealing season has not yet 

 begun in Behring Sea. The seals have not reached there. 



Sir Charles Eussell. — To make the matter intelligible, if I may be 

 permitted to interrupt as so many of my friends are interrupting — you 

 will recollect, Mr. President, that there is an imaginary line drawn 

 down Behring Sea, to the east of which line is the Behring Sea claimed 

 by the United States. The other portion of the Behring Sea to the 

 west of that line was not at all affected by any of these arrangements 

 embodied in the modus vivendi of 1891 or of 1892; and the result was 

 as Mr. Blodgett has said, some of the vessels did go to the eastern 

 part of Behring Sea before the promulgation of the modus vivendi; but 

 after that promulgation they went to the west of the line and continued 

 fishing along the Japan and Russian coasts. 



Mr. Justice Harlan. — Was this 28,000 which Mr. Coudert referred to 

 the number of seals taken west or east of that line? 



Sir Charles Russell. — A large part of it, or practically so of the 

 year's catch to the west and south. 



Mr. Coudert. — To the west, on the Russian side. 



The President. — In the free waters. 



Sir Charles Russell.— I will not say all of it, because, as Mr. Blod- 

 gett has properly said, some of the vessels went into the Bering Sea, as 

 usual, before the i)romulgation of the modus vivendi; but substantially 

 the bulk of it — the larger portion — to the west and south. 



General Foster. — I am very sorry to call in question the statement, 

 but I think the facts will show, on critical examination, that the 28,000 

 reported are the catch of Behring Sea proper, as we uuderstand it, 

 within the American territorial lines; and that is kept separated in the 

 report from the catch on the Asiatic coast, which is in separate statis- 

 tics. I think an examination will show that the 28,000 seals were taken 

 in what are called the American portions of Behring Sea. 



Mr. Coudert. — We have also in connection with this a map or chart, 

 showing the position of the sealing vessels seized or warned by the 

 Government of the United States during the season of 1891. 



Sir R. Webster. — What is the number of that chart? 



