424 ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 



2. It seems to him that the proper way of proceeding would be to stop the killing 

 of females and young of the fur-seal altogether or as far as ])o.ssible, and to restrict 

 the killing of the males to a certaiu number in each year. 



3. The only way he can imagine by which these rules could be carried out is by 

 killing t'nc seals only in the ishuxls at the breeding time (at which time it ap})ears 

 that the young males keej) apart from the females and old males) and by preventing 

 altogether, as far as possible, the destruction of the fur-senis at all other times and 

 in other places. 



Following tliis is a circular letter of Dr. 0. Hart Merriam. He was 

 one of the American Commissioners. After Laving commented as I 

 Lave upon the testimony of tLe BritisL Commissioners, I desire to beg 

 tLis High Tribunal to read the reports of our American Commissioners. 

 I am very much mistalien if tLoy will not find an entirely different tone 

 and temper from tLat wLicL is found in tliat of tLe BritisL Coinmis- 

 sioners. 



Dr. Merriam's letter is too long to be read. He elicited from some of 

 tLe most eminent scientists in tlie world tlieir opinions, nor will I read 

 tLose. TLey are gentlemen eminent in France, in England, in Ger- 

 many, in Sweden, in Italy. TLere is one letter especially, the longest, 

 wLicL I Lad intended to read, but sLall not — tLat of Professor Giglioli. 

 It is an extremely interesting paper. I can say tliat, almost witLout 

 an exception, tliese gentlemen are of opinion tLat if tLe fur-seal is to 

 be protected, it must be protected by proliibiting pelagic sealing, and 

 Laving tLe killing done on land. TLey all say that it must be limited 

 even on land, wliicL of course is precisely wLat we do. I cannot do 

 justice to tliis letter of Professor Giglioli if I read it in part. I will 

 iisk the Court, as I am anxious to close tLis argument, tLat is already 

 too long — I will ask tLera to read tliese letters of tliese gentlemen. 

 TLey are valuable contributions to science. TLey are valuable contri- 

 butions to our case. TLey are valuable contributions and additions to 

 tlie knowledge wLich we have endeavored to bring here before the 

 Court. 



With this, so far as the merits of tliis case are concerned, I am ready 

 and willing to submit tLe case of tLe United States. I stated to tLe 

 Court tLat I would endeavor to sLow, and I believe tliat we Lav^e sLown, 

 tliat tLe system of killing on land is tLe only one tLat can preserve tLis 

 threatened race of animals wiiicL is now being rapidly exterminated; 

 tLat tlie brutality and crime of it alone, ougLt to stamp it and to prevent 

 its being carried on, even without the serious results that threaten a 

 valuable industry. You will see that there is no way of dealing with 

 this except to stop it; that it cannot be dealt with otherwise, for this 

 simple reason, this radical reason, this reason that goes to the very root 

 and heart of the whole system — that is, inability to discriminate. If 

 among the plans suggested — if any plans are suggested — anyone would 

 say: "You could discriminate in such a way that it would be worth 

 considering", it might be d liferent; but whatever i)lans are brought 

 before this Tribunal are only suggestions as to zones and only sugges- 

 tions as to time; and when you are told by intelligent men advocating 

 the other side that the pelagic sealer can no more be expected to dis- 

 criminate as to the sex of the animals that he takes than the fisherman 

 with his hook, the stamp of condemnation is put upon the practice. 

 The judgment of the Court must follow upon those facts. How can it 

 be otherwise^ What knowledge is there produced before you that 

 shows you that it is anything else than what Mr. Phelps called contra 

 honos mores, and absolutely destructive'? How long will this last? Sup- 

 l^ose this should not be decided by you. Suppose it had not been sub- 

 mitted to you, and in its anxiety to remove all causes of offence with a 



