ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 415 



acting under the authority and by the directions of the said Russian Government: 

 and I was by said Russian officer ordered to come on board of said cruiser with all the 

 schooner's papers; I accordingly went on board, and the captain of said cruiser, 

 after examining the schooners papers, arrested me, and then had all the crew of 

 said schooner, excejit the mate, brought on board of said crniser, and I and the crew 

 of the schooner wore kept on said cruiser as prisoners. The said Russian crniser 

 tiien and there seized said schooner C. U. White, and towed it to Michelovsly Bay, 

 Behriug Island, and then placed said schooner under prize crew and sent it to Petro- 

 l>aulovsky, and the cruiser, with me and the crew of said schooner as prisoners, sailed 

 to Petropaulovsky and arrived there on the 20th day of July, A. D. 1892; and while 

 on board the said cruiser, I was by the Captain of said cruiser forced to sign a paper 

 in Russian, which I did not understand, the said Captain threatening to send me to 

 Siberia unless I signed said paper, and I only signed said paper under protest in con- 

 sequence of said threat and the duress exercised by said Captain of said cruiser. 



The Russian Govcrnmenc seized said schooner C.H. 7FW/e, as hereinbefore set forth, 

 but I do not know what disposition was made of said schooner, but I am advised and 

 believe and therefore allege, that said schooner was repainted and refitted and used 

 by said Russian Governmeut, and is now in its possession, and by it used. 



That is all the testimony that we have on this subject. 



The President. — There was a protest of the captain. 



Mr. CouDERT. — A dei)Osition in which he filed a claim against the 

 Enssian Government in consequence of this seizure. 



The President. — What is the consequence of this? 



Mr. CouDERT. — So far as we know the Russian Government is using 

 this ship yet. 



The President. — And your Government said nothing about it. 



Mr. Coudert. — JS'o action, as far as we know, was taken. 



The President. — Do you suppose, as Counsel for the United States, 

 that the Russian Government was acting in accordance with your 

 principles. 



Mr. Coudert. — That is only fair to assume. In the first place there 

 is a good deal of similarity between the actions of the two Govern- 

 ments in the two seizures, and our (Tovernment would have taken 

 action certaiidy if it had not considered that the proceeding was proper 

 and in accordance with its own view of right. 



Sir Charles Russell. — The conclusion of that is the protest of the 

 captain. 



Mr. Coudert. — Yes, it is filed in the State Department. 



Sir Charles Russell.— It says he duly noted the protest. 



Mr. Coudert. — What is the point? Do you wish me to read any- 

 thing more? I will if you desire it. 



Sir Charles Russell. — No. 



Mr. Justice Harlan. — It is a regular marine protest. 



Mr. Coudert. — There is one point to which I call the attention of 

 the High Tribunal and that is the number of seals lost by wounding, 

 or by killing and losing. In connection with that I would briefly refer 

 to the British Commissioners' Rei)ort as giving the view most favor- 

 able to the Government of her Majesty, section 004. 



Seals thus met with upon the sea surface are roughly classed by the hunters as 

 "sleepers" and "travellers "and the former are of course, the most easily apjiroached. 

 Whether in canoes or boats, paddles are employed in preference to oars as they enable 

 a more noiseless approach to the seals. When a seal is seen, the boat or canoe is 

 quietly but swiftly impelled toward it till the hunter believes that he has arrived 

 within sure range when he fires. 



If killed, as happens iu the majority of cases, especially now that the shot-gun 

 has superseded the rifie, the seal may either remain floating upon the surface, or 

 begin to sink slowly. In either case, the boat or canoe is at once urged forward, 

 and if the carcase which does not differ much in s])eciflc gravity from the water, is 

 already partly submerged, it is at once secured with a 15 foot gaff, and hauled on 

 board. If the seal should hapjien to be merely badly wounded, it either struggles 

 upon the surface until gaffed, or, if retaining strength to do so, dives. If quite 

 lightly wounded, as of course happens in some cases, it may eventually escape; but 

 if severely wounded it is probably killed at the next rise after a short submersion. 



