ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 401 



(B. C. App., Vol. Ill, U. S., N" 2, 1890, p. 8.) 



I, Edward Shields, of Sooke District, Vancouver Island, a hunter engaged on hoard 

 the British schooner Carolina of 31.90 registered tonnage, do solemnly and sincerely 

 declare that I left Victoria on board the aforesaid schooner on the 20th May 1885, 

 bonnd on a voyage to Behring's Sea for the purpose of sealing. . . We sailed to 

 Behring Sea and conmienced sealing on the 15th June, and at that time we were 

 about 300 miles from land, and we continued cruising about for seals and up to the 

 time the United States vessel "Corwiu" seized us we had 686 seals. During the 

 whole time we were cruising we were in the open sea, out of sight of any land. The seals 

 we obtained ivere chiefly females. 



We are hot vouchiug for the veracity of this witness but he is offered 

 to the Court by the other side as a witness whose testimony should be 

 considered. 



Mr. Justice Harlan. — Does the witness mean that they sailed into 

 Behring seal He says we sailed to Behring sea. 



Mr. CouDERT. — I presume he meant we entered Beliring sea. His 

 vessel was seized there. He commenced on the 15th June to seal in 

 Behring sea. 



Sir Charles Eussell. — I do not know I am sure. 



Mr. CouDERT. — isow we have an extract from reports of the Depart- 

 ments of Fisheries of Canada 1886 by Thomas Mowat, Inspector of 

 Fisheries for British Columbia. This is cited in the British Case 

 Ai)pendix Volume 3, and therefore is doubly imi)ortant. He says: 



(Page 173. U. S. N" 2, 1890.) 



There were killed this year so far, from 40,000 to 50,000 fur-seals, which have been 

 taken by schooners from San Francisco and Victoria. The greater number were 

 killed in Behring Sea and were nearly all cows or female seals. This enormous catch 

 with the increase which will take place when the vessels lifting up every year are 

 ready will, I am afraid soon deplete our fur-seal fishery, and it is a great pity such a 

 A'aluable industry could not in some way be protected. 



and two years later — this in the extract from Reports of the Depart- 

 ment of Fisheries for British Columbia, and he says; 



Cited in U. S. Case, p. 201. 



The majority of our hunters contend that there are over 7 per cent of pups in the 

 entire catch of fur-seals on the coast; while in Behring Sea the catch does not exceed 

 one per cent. Bnt, they cannot deny the fact that over 60 per cent of the entire catch of 

 Behring Sea is made up of female seals. 



You will observe, Mr. President, that at this time the British Authori- 

 ties in Canada were taking the same view that we are, and they were 

 trying to protect not only our seals on the Island, it is true, but the fur 

 business on the sea; and they saw (because they are intelligent gentle- 

 men) that this business was ruinous to the herd upon which these men 

 relied and when they were trying to extract the fact from the sealers, 

 the sealers minimised but were compelled to admit as they say, for they 

 could not deny the fact, that over (30 per cent of the entire catch of the 

 Behring Sea was made up of female seals. One single official extract 

 more, and I. will pass from this. 



The President. — I would first like to ask, Mr. Tupper, is Mr. Mowat 

 still in your Service? 



Mr. Tupper. — No; Mr. Mowat is dead. 



Mr. CouDERT. — Now, I want to complete the reading of ofiQcial papers, 

 which reading would not be satisfactory if we did not include some- 

 thing from our accomplished friend Mr Tupper. I am bound to say that 

 I had promised him I would not read any more from him; but the 

 temptation is too much for me, and besides there was no consideration 

 B s, PT XII 36 



