ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 399 



{Case of the U. S. App., Vol. II, p. 65.) 



Mr. Morrcan lias resided at the Pribilof Island as agent of the lessees of the Gov- 

 erniueut for a great number of years. He was there lirst in 1868 and 1869 and was 

 there continnonsly during each sealing senson from 1874 to 1887. In 1891 he Aveut to 

 the Commander Islands and spent the sealing season there. 



This is what be says: 



I have personally inspected the skins taken upon the three schooners Onward, 

 CaroUiia and Thornfon, which skins taken in Behring Sea were landed in Unalaska, 

 and were then personally inspected by me in the mouth of May, 1887. The total 

 number of skins so examined by me was about 2,000, and of that number at least 80 

 per cent were the skins of females. I have also examined the skins taken by the 

 United States revenue cutter Rush from one of the North Pacific Islands, where they 

 had been deposited by what is known as a poaching s?hooiier and taken to Unalaska, 

 which numbered about 400 skins, and of that 400 skins at least 80 per cent were the 

 skins of female seals. I have also examined the skins seized from the .James Ham- 

 ilton Lewis in the year 1891, by the Russian guu-boat Aleute, numbering 416, of 

 which at least 90 per cent were the skins of female seals. 



Then Oaptaiu L.-G. Sbepard, an Officer of the TJ. S. Revenue Marine, 

 who says: 



{Ibid., p. 189.) 



I examined the skins from the sealing vessels seized in 1887 and 1889, over 12,000 

 skins, and of these at least two-thirds or three-fourths were the skins of females. 

 Of the females taken in the Pacific Ocean, and early in the season in Behring Sea, 

 nearly all are heavy with young, and the death of the female necessarily causes the 

 death of the unborn pup seal; in fact, I have seen on nearly every vessel seized the 

 pelts of unborn pups, which had been taken from their mothers. Of the females 

 taken in Behring Sea nearly all are in milk, and I have seen the milk come from the 

 carcasses of dead females lying on the decks of sealing vessels which were more than 

 100 miles from the Pribilof Islands. 



{lUd., p. 419.) 



Next Commander Kelson of the United States Navy seized the British 

 schooner Mountain Chief for sealing; in Behring iSeain 1892 in violation 

 of the terras of the modus vivendi. In the declaration of seizure he 

 states incidentally that there were found on her deck 7 seals which 

 had not yet been skinned, six of which were females. 



The President. — Before you pass to another topic, will you allow 

 me to ask you this? There is an allusion in some of the extracts that 

 you have been reading, to the action of the Russian fleet or the Impe- 

 rial Russian Navy. Are you able to give us any information about 

 that action of the Imperial Russian Navy as to its limits and origin? 



Mr. CouDERT. — I do not think I have quite caught what the learned 

 President wants to know. 



The President. — In the deposition of John Malowansky, and I 

 believe also in the deposition of Mr. Morgan, allusion is made to sei- 

 zures by the Russian Navy. I would like to know if you are able to 

 give us any information as to the extent of this action of the Imperial 

 Russian Navy as well in point of date as in point of locality and also 

 perhaps as to the ground upon which this action rested, whether it was 

 founded upon some arrangement between the Russian and American 

 Governments. It is out of our case, I acknowledge, but I would enquire 

 from you the same information on that. 



Mr. Coudert. — Yes, I have some information on that, and with your 

 permission I will give it yon later. I will proceed with the regular line 

 of my argument, but I will look up the evidence that we have on this, 

 and I shall be happy to give it you. 



The PRESiDENT.^If you please. 



