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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, il est filmA A partir de I'angle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 \ 1 2 3 4 5 6 FUR-SEAL ARBITRATION. THE CASE LIBRARY The United S'fefte'^ DKroUR TUB TRIBUNAL OF ARBITRATION TO CONVENE AT PARIS UNDRR TUB // s PROVISIONS OF TIIK TKKATY RETWEKN THE UNITED STATES OK AMEUICA AND (iUEAT HKllAlN, CONCLUDED FEliKUARY 29, 18l>2. INCLUDING THE REPORTS OF THE BERING SEA COMMISSION. WASiriNOTON, D. C: OOVEBN31ENT PRINTING OFFICE. 1892. fl Ti^BLE OF CONTENTS. INTRODUCTION. Pag*. I'kkatt or Arbitration of 1892: Firat tivt! itrticIuH .' 1 (jneBtioim mibiiiittfd 2 UeKiiliitioDS for protijction of waU 3 Question of fact may ho Hiiltiiiitted 4 Modiig Vivendi of 1892 4 QiieHtiou of duiiiu^res 5 Printed Case of tlio ITiiitfd States 6 Division of Case 6 i'urtluT i)roviHion of treaty 7 .loint ConnuiHsiiin toiiivi>8tifrnt«8eiiI-Iife 7 Ke|)ort8 of ConiniiHsioners 8 Appendix 8 PART FIRST. RKLATINO TO HISTORIfAI. AND .IUUI8UICTIONAL QUESTIONS. Geographical Sketch or Brkikg Sea: Location, boundaries, and dimensions 11 liering Strait 18 Eastern boundary ot lieriug Sea 12 Northern and western boundary 12 Southern boundary peninsula of Alaska 13 Southern boundary Aleutian Islands 13 Islands in Bering Sea 14 Lnri^e i)ortion very tdiallow 14 Population, vegetation, and comuierciul pruductv 15 III IV CONTENTS. OEOORAPHICAL 8KL.. .a OF THB PrIBILOF ISLANDS: ^H*- Location 16 Group coniiiHts of four islunds 16 St. Paul Island 16 St. George Inland 17 Otter Isl >d 17 WalruH iHiaud 18 AbHcnco of liarbura 18 Cliuiute 18 Animal life 19 luliiibitautH 2U Vegetation 20 DiHlUVKllY AN1> OCCUPATION OV THE SUOKK8 AND ISLANDS OF UKRINU SKA : Itering'H tirat expedition .° 20 lieriug'H second expedition 21 KeHounea of Commander Islands made known 22 DiHtovery of Priliilof Islands ; due to search for furs 23 Cook's expedition to Bering Sea 24 8tili^ereign voiMels nut permitted to hunt or trade in iler- ing Soa 42 Re<|ue8t of MiniHtnr uf Finance in 1820 and 1821 that cruiserH lie dis- patehed to protect Compitny'H large interosta in Bering Sea 43 Killing of fur-seuls at aea to be prevented 44 The I'igott affair. Certain contracts with fonrigners annulled. Control exerciscil over Bering Sea i»rior to 1821 45 Foreigners prohibited from visiting waters Arequeuted by sea-otters and fur-seal 47 The Figott affair, continued 48 Suutniary. Protects directed to claim of jurisdiction over Pacific Ocean, and to olaini to coast of continent... 49 THK TKKATIK8 OK 1824 AND ;. 'J5: Settled the twofold dispute 51 Bering Sea not included in terms nscd to denote Pacific Ocean 52 Express declarations of Russian Government on this subject 5:{ Declaration made immediately before treaty with (>reat Britain 54 Treaties recognized by implication rights claimed by Russia over Bering Sea »<» Burden npon Great Britain to show that these rights have been lost 57 By treaties Kussia relinquished large portion of const (claimed 58 Russia's object in excluding Bering Sea from effect of treatiim was ]>rotec- tion of fur iudustry 59 PKUIOD BETWBKN THK TKKATIR8 AND TUK CK8SION OJf ALASKA TO THK United Statks in 1867: Russia continues to exercise ccmtrol over Bering Sea 61 Third charter of company 61 High value placed by company upon fur-seal industry 62 Waters froqueiiteil by fur-seals patndled by armed cruisers 63 Further instructions as to cruising 67 Proclamation of 1864 as to tratle in Russian territory and waters 67 Whaling company prohibited from visiting waters freciueuted by fur-seals 68 Period from 1862 to 1867 68 Conclusions from foregoing review 69 CK.SSION OF Alaska to thk Unitkd Statf.s by thk Thkaty of 1867: Russia ceded to the United States a portion of Bering Sea. No objection made 70 Boundaries of territory ceded ; 70 Cession nnencunibered 72 Russia's rights over seal fisheries passed to United States 72 Review of jurisdiction exer(-i8e 8TATK8, KTC— Continued. P«f«. Ucpcirt uf Cuii;{ri'H.<«ii>n»l ouiniiiittue upon iiiutives (or puroboHo, and rights thitreby iimli-rstood to huve been itcqiiired 76 Kevouut) recuivud by the United States from I'ur indntttry acquired f^om KiisHiii 77 Action ov tiik L'mtkd Statkr rki.ative to Alahka bincr thk ckssion: lii^lits iK-quiruu i'ruiii KuHsiu illuMtratud by snb8e(|U»nt ac^tion uf United States 78 Action of (Congress 78 Action of the Kxt-cutive HO Keveiiiif cutters sent to Itcriii^ Sea to ]>rot('ct fur-seal life 81 Voastds seized in 1886 and 18H7 81 Cougrcs8rati(i(>s action of Kxecntive 82 President's ])roclauiution 83 Vessels sei/.d in 1889 8!^ The Modiii> Virendi 83 Action of United States courts 84 Snininary 84 The United States do not rest their case alto to tiik pkopekty ok tiik unitku 8tatk8 thkkkin. Habits ok tiik Alaskan skal: The I'ribilof Islands 89 Climate 90 Home of tlie fur-seai 91 St. Paul and St. George 91 " Krectling grounds " 91 "Hauling grounds " 92 Census of seal life impossible 93 Determination of increase or decrease of seals 93 Th' Musknn mill ht'td 94 Distinction between Alaskiin herd and Rnssian herds 94 Does not mingle with Russian herd 96 Classification 98 The pi. ^ 98 Birth 98 Inability to swim 99 Aquatic birth im)>ossible 102 Birth on kelp beds impossible 104 Poddiuj; 105 1 ili- CONTENTS. ▼n Habits or thf. Alaskan hkal — Continued. P«Ke- Locomotion oulund 105 Loaniing to Hwiiu 106 Departure from iBlniuls 106 Depenileiice upon itH mother 106 Vitality 107 The bnlh 107 Arrival at iHlands 108 Aii-ival of the cows 108 OrKanixation of the hiin-niH 109 Powers of fertiltzutiou 109 Coition 110 FastinK Ill DiaorKaiiixatiou of tliu rookeries 112 Depiirturu from islands 113 Vitality 113 ThecoiM 112 Ago 113 Harem life 113 Number of pups at Itirtli 113 Nourishes only her own jtup 114 Death of cow causes death of pup 115 Feeding 115 Food 116 Feeding excursions 116 Speed in Bwimniing 119 Departure from islands 119 The bachelors 120 Arrival at the islands 120 Thekillable class 120 Feeding 121 Mingling with the cows 122 Departure from islands 122 Migration of the herd 122 Causes 123 The course 124 Manner of traveling 125 Herd does not laud except on Pribilof Islands 126 Herd does not enter inland waters 127 The Russian henl 129 MANAGKMKNT of the 8KAL ROOKKRIE8: Ruman management 130 The »Umtjhter of 1868 132 American managtmwnt 133 The lease of 1870 134 Tennsof lease 135 in VIII CONTENTS. :i MaNADKMKNT op TIIK 8RAI. ROOKRKIR8 — Coilthllieil. P«K«i. AnuMKluieiit of 1874 UV\ IiiveMtlgfttioii of 1876 VM InvcHtiKution of 1888 137 MotlKMlg of inan»Kt*i>**)iit 137 UnlicoiiHctl working imprftcticiilw 138 Working by Gnveriiimiiit iin|iriu;tivitblo I'AH WorkiiiKB of the luusu of 1870 139 CoHdilioH of Ike naliren 140 Under tlitt KiiHHiaii Coinpaiiy 141 Uinh-r Aiiivriotii coutrol 112 Improveiiieiit 143 Govnriiiiieiit agent 145 Lrnw( of 18!t0 146 ConipariHou of leases 146 ITteticalti 147 Control and domestication 147 Regulations for killing 150 Protvt'tiou of fenwiles 150 Tliekillable class 153 Distnrbanre of breeding Hoals 152 Number kilbnl 163 Manner of taking 155 Driving 155 Overdriving and redriving 158 Iniprnvement over Russian methods of taking 161 Killing 163 Salting and kenrhing 16:^ Improvement in treating the ckins 163 Increase 164 Deckramk or tiir Alaskan seal herd: Evidence of decrra»e 165 Period of Hta<;nati<)n 165 Oh Fribilof Islands 166 Evidenpe 169 Along the coast 169 Cause 172 Lack of male life not the cause 172 Raids on riMtkeries not the cause 174 Management of rookeries not the cause 176 Excessive killing the admitted cause 176 Pelagic sealing the sole cause 176 Opiui»l<«r8 181 IiuT»'iiM«' of RHitliii); tU'i-t 183 C<>in|iiiriHon of Heiiliii;( tlect anil 5 DeHtriietioii of female kouIh 1!KJ Testiiiioiiy of Hriti«li furriers l!)8 Other Hritish tt'stiinon.v 2(X) Cauadiaii testinioiiy 'Jol Testimony i'" V''iericaii furriers 'Mi Exauiiiiation of pelajrie catch of 1802 203 Ti'nl iiuoiiy of pelagic sealerH 205 Examination of catch of vexHels seized 2(Ni Destruction of pregnant fenuiles 207 Keason jiregnant females are taken 208 Destrnvtion of nursing females 20!» Doadjiupsuu the rookeries 212 No dead pups prior to 1884 : 212 Time of a)>pearance of dead pups 21H Number of dead pups in 1891 211 Cause of death of pups : 215 Ktlects of pelagic sealing 21(i Pl!OTI(CriC)N AND rUKSKKVATlON: Ollur »i.al herd» 218 Destruction of 218 The Russian herd 220 British i)roteiti(m of the seal 221 Falkland Islands 221 New Zealand 222 Cape of Good Hope 221 British protection of hair-seal 225 Newfoundland regulations l/Lj.i 2710 II !,l ) : X CONTENTS. Pkotkction and PRE8KRVATION — Continued, Pnee. Jan Mayen regulations 227 Concuireuoe of nations 227 White Sea regulations 228 / , Caspian Sea regulations 228 Fnr-seal protection by other nations 228 Lobos Islands 229 Cape Horn 229 Kurile Islands 229 Commander and Rubben Islands 229 Fkheries 229 Game laws 230 Extraterritorial Jurisdiction 231 Irish oyster beds 232 Srotcli herring tisheries act 232 Pearl fisheries of Ceylon 233 Pearl fisheries of Australia 233 French legislation 234 It.ilian legislation 235 Norwegian legislation 23fi Panama leginlntion 236 Mexiciin legislation 236 OtluT cases of extraterritorial jurisdiction 237 Alaskan litrd 237 Unprotected ccmdition , 237 NeccHsity of its protection 238 Thi' .loint Conunission 239 British recognition 239 Opinions of naturalists 240 Professor Huxley 240 Dr. Selater 240 Dr. Merriam's circular letter 240 Dr. Hlanchard 241 Dr. Giglioli 241 Professors Nordenskiold and Lil^eborg 241 Other iiiituraliHt.s 242 Dr. Allen 242 Canadian recognition 242 Opinions of London furriers 243 Opinions of French furriers 244 Opinions of American furriers 245 Opinions of pelagic sealers 246 Opinions of Indian hunters 247 Opinions of other witnesses 248 Conclusions , 249 Means necessary 250 1 1- : t CONTENTS. XI Pnoe. 227 227 228 228 228 229 229 229 229 229 230 231 232 232 233 233 234 235 236 236 236 237 237 237 238 239 239 240 240 240 240 241 241 241 242 242 242 243 244 245 246 247 248 249 rnoTKCTION AND PRK8BRVATION — Coiltinuwl. P«ge. AI)8olute probiliitiou of pelagic sealing 251 Limited prohibition of pelagio Healing 253 A close soafton 258 A close season iuiprncticaltle 254 Proliibitiou of nso of iirearnis 256 Probiliition of pelagic sealing in liering Sea 256 Prohibition of pelagic sealing within a zone 258 Course of sealing vessels 258 Fogs in Bering Sea 261 Absolute prohibition of pelagic scaling necessary 26-1 The seai-skin inuustky: Inth^past 261 Sources of supply 264 Markets 266 In the present 267 Sources of supply 268 Dependence on Alaskan herd 208 Logs if herd destroyed 2(i9 I4O88 to United States 269 Loss to Great Britain 272 Loss to France 273 Loss to the world 274 Need of regular supply of skins 274 Iiivestments 275 Canadian investments in 1890 275 Contrast between British and Canadian investments in llJiiG 277 Canadian investments m 1891 277 Contrast between British and Canadian investments in 1891 278 Employes in Canada and London 278 Value to Canada and United States 279 Employes in Canada and United States 280 Contrast between French and Canadian investments 281 Employes in Canada and in other countries 281 Canadian investment questionable 281 Pelagic sealing, a peculation 282 Speculating on snmll supply of skins 283 Occupations of vessel owners 284 Results of protecting seal herd 285 Results if seal herd not proti'«ted 285 Claim of thb United States fou damages: Article V of renewal of iVorf«» rirentli 286 Classification of damages 286 Government claims 287 Government an:l lessees 288 Basis of computation ot damages to Government 288 'I II XII CONTENTS. ' ! Ill If !; 1; I Claim of tiik Uxitrd States for damages — Continuod. Page. Thr lefiHeen' claim 289 Basis of computation of lessees' damages 289 Determination of possible catch 290 Opinion of Sir George Baden-Powell 290 CONCLUSION. ChararteriHti<'S of the Alaskan herd 295 Increase 2iMj I )ecri>a8e 2!)6 I'olii^ii; sealing 297 Russian control of Bering Sea 297 ItiTing Si-a not I'afitic Ocean - 297 I'nited States control 297 Acfuiiescence of Great Britain 2J18 liiglits of control nnquestioucd 298 Investment f.ontrasted 2JW (Questions for tribnnal 299 Must United States submit to destruction of lierd 2JH) Slioiild not international regulations bo made 299 Claim of United States 299 I'rojiert.v in and riglit to protect 300 Sueli interest as justifies protection 300 As trustee, right anil dnty to protect 300 Pelagic sealing must be prohibited 301 Argument deferred 301 Tribunal nniy sanction conduct of United States 301 Tribunal may prescribe regulations 301 Prayer for decision 301 linssia exercised exclusive right in Bering Sea 301 (Jreat Britain assented 302 I'ering Sea not I'acilic Ocean 302 Kiglits fd'Unssia passed to United States 302 Damages 303 Great Britain and United States should concur in regulations 303 REPORTS OF BERING SEA COMMISSION. Joint Rkpout: Pr< *ions of treaty 307 Report 308 Sources of information 308 la CONTENTS. XIII Joint Rf.port — Continued. I'nce. Meetings of Commission 1^08 Dnty to protect seal lierd H09 Conclnsions reached 309 Decrease of seal herd 309 Further joint report impossible 309-310 KKIHtKT OF TIIK IJN1TK1> STATKS UKKINO SkA CoMMISSIONEItS: Appointment 311 A]ipoiutment of British Commissioners 311-312 Ojeet of Connnission 312 Provisions of a( rcmiili'H was not noticeil 344 DiniiniHlieil size of lian'ins 3-14 Eftect of decrease of females on mule life 344 Cavsr* ^'' Where decrease of seals Hliould 1»e »oujjht 315 Cause, ])elagic sealing ***> Keasons for opinion 345 I )ecrease caused by man 345 Condition of herd untouched hy man IM5 Hirth rate and death rate 31;; Iil7 Man do»!8 not necessarily increase death rate 348 Regulation of killing 34« Interference with birth rate injurious 348 Kffeet of a single young a year :M«-31'J I low birthrate may be lessened 349 Killing a certain number of males will not ull'oet Idrthrate 349 Battles on rookeries show no lack of males ;!49-;r>0 Testimony as to no lack of males :;50-351 Decrease caused by killing females 351 Natural condition of herd 351 Classes of females 351 Classes of males 351 On what birthrate depends 351-352 Explanation of diagrams 35iJ-358 One reason females are killed by pelagic sealers 358 Conclusions from diagrams 358-359 Effects shown by diagrams 359 Possibility of restriction 3(iO Class of seals killed 3()0 Driving 360-3(il Killing pups for food 3B1 Criticisms on manner of driving 361 Male seals not injured by driving 302 Management 362 Seal killing at sea or pelagic sealing 363 Vessels and crew 363 Manner of hunting 363 The gaff 363 Indian hunters 363-364 Hist 3i;4 Destruction of female seals 361 Pelagic sealers enter Heriug Sea 364 Nursing femal«.s killed 365 Dead pups on the rookeries 365 i, "^ I ! I m \ m i( I i i XVI CONTENTS. Page Hkport of the United States Bering Sea CoMMiasioNERs — Continned. Boring Sea Hoaling Reason 363 Catcli of sealing vessels 8C5 Indiroriniinate killing 366 I'ercuntaKS of females in catch 367 Letter of C. M. Lanipsou & Co 367-368 Opinion of Sir George Baden-Powell 369 The London Trade Sales 369 Waste of life 369-370 Great numbers wounded 370 Percentage of seals lost 370-371 Growth of pelagic sealing 371-372 Comparison of sealing on land and at sea 372-373 Decri-aso of herd caused by pelagic sealing 373-374 Prohi1)itipress pela.i^ic sealing 380 AiTKXinx A: ■ Sidlx sink whiii kiUed in thewatei- 381 Hair-seals 381 Fur-seals 381 :{82 Hair-seale 382 Antartic . jr-seals 382 Hair-seals 382-383 Ii(-ason seals sink 383 Appkxihx B: Ddlci of arriralu of fur-seal at Prihilof Islands lS7ti-1891 385 First arrival of ItuUs, cows, and pups at St. Paul Island, Bering Sea, 1872-1891, inclusive (from the official record) 385 First arrival of bulls, cows, and jmps at St. (ieorge Island, Bering Sea, 1871-1891, inclusive (from the official record) 386 CONTENTS. XVII Page sd. 365 :«» 366 367 367-368 369 369 369-370 370 370-371 371-372 372-373 373-374 374 374 , 374-375 375 376 376 376 376-377 377 377-378 378 378 278-379 379 379 379 379 380 381 ......... oOl 381 382 382 382 382-383 383 385 ring Sea, 385 jring Sea, 386 ArPKNDIX C: I'aKe. 1 (I MH (/««. 1. INTRODUCTION. ^^111! '■!i: QdPHtionH 8 u b • mittwl. Article VI. "In rle(M(Hn<; tlio matters subinittetl to the Arbitrators, it is aj^reed tliat the tbllowiiij'' Hve points shall bo submitted to them, in order that their award shall embrace a distinct decision upon each of said five points, to wit: " 1. What exclusive jurisdiction in the sea now known as the liehnnj^'s Sea, and what exclusive rights in the seal fisheries therein, did Ilussia assert and exercise prior and up to the time of the cession of Alaska to the United States f "2. How far were these claims of jurisdiction as to the seal fisheries recognised and conceded by Great Hritain < " 3. Was the body of water now known as the Behring's Sea included in the phrase 'Pacific Ocean,' as used in the Treaty of 1825 bet>/eeii Great Hri tain and Russia; and what rights, if any, ill the Behring's Sea were held and exclusively exercised by Russia after said Treaty 1 "4. Did not all the rights of Russia as to juris- diction, and as to the seal fisheries in Behring's Sea east of the water boundary in the Treaty between the United States and Russia of the 3()th March, 1867, pass unimpaired to the United States under that Treaty f " 5. Has the United States any right, and ii 1 'l:il|ii! INTRODirrTION. tl to the iviiijr five rder that decision e sea now exclusive id Russia e time of tesf M nsdu^tion 'if conceded H ■^ m\ as the 'Pacific '■>■: bet>/een M ts, if any, -'-Ni chisively M 8 tojuris- ■* Behring's m e Treaty « ' the 3()tli - [i United .■*i 80, what right of protection or property in the Q"«'«H«>n8 sub- fur-seals frequenting the islands of the United States in Behring's Sea when such s(ials are found outside the ordinary three-mile limit?" Article VII. "If the determination of th(^ foregroing ones- R«KniatioiiH tions as to the exclusive jurisdiction of the United States shall leave the subject in such a position that the concurrence of Great Britain is neces- sary to the establishment of Regulations for the j>roper protection and preservation of the fur- seal in, or habitually resorting to, the Behring's Sea, the Arbitrators shall then determine what concurrent Regulations outside the jurisdictional limits of the respective Governments are neces- sary, and over what waters such Regulations should extend; and to aid them in that deter- mination the report of a Joint Commission to be appointed by the respective Govermnents shall be laid before them, with such other evidence as either Government may submit. "The High Contratiting Parties furthermore agree to cooperate in securing the adhesion of other Powers to such Regulations." for humIh. it, and ii '^lii' T Jill P INTRODUmoN. Artk'le VI it. ' , QnoKti.iii ot tint 'ility of each for the injuries aUe United States (for itself, its citizens and lessees) for this agreement to limit the islaml catch to seven thousand five hundred a season, upon the basis of the difference between this number and such larger catch as in the opinion of the Arbitrators might have been taken without an undue diminution of the seal herds. ■ " The amount awarded, if any, hi either case 1 im mat M: INTRODUCTION. i:!:il 'ill iiNUli .ii-'i ISilliill li!li!li| shall be such as under all the circumstances is just and equitable, and shall be promptly paid.' Printed Caso of Uuitud States. In accordance with the provisions of Article III of the Treaty of February 29, 1892, the Government of the United States has the honor to submit to the Arbitrators, duly appointed in virtue of Article I thereof, this Printed Case of the United States, accompanied by the docu- ments, the official correspondence, and the other evidence on which it relies. Di vision oi Case The body of the Ccise is divided into two pjirts. The first part embraces a consideration of the first four questions contained in Article VI of the Treaty, and is introduced by a brief geographical and historical review of Bering Sea and its adjoining coasts and islands. The second part relates mainly to the fifth question in Article VI and to Article VII, and involves a consideration of the right of protection and property in the fur-seals frequenting the Pribilof Islands, when outside the ordinary tlu'ee-mile limit. These topics will require a somewhat detailed inquiry into the seal life and industry. There will follow a bnef consideration of the question of damages submitted to the Tribunal of Arbitiatiou. INTRODUCTION. Further provision was made in the Treaty '>f viIi"n*orrreaty.'' February 29, 1892, as foHows: Article IX. "The High Contracting Partitas have agreed ^i;/;;^;*;,;;;;;;^^^^^^^^ to appoint two Commissioners on the part of eaili'*^"' ''*"• Government to make the joint investigation and re|30rt contemphited in the preceding Article VII, and to include the terms of the said agreement in the present Convention, to the end that the joint and several reports and recounnendations of said Commissioners may be in due form submitted to the Arbitrators, should the contingency therefor arise, the said agreement is ac(;ordingly herv^in included, as follows: "Each Government shall appoint two Com- missioners to investigate conjointly with the Commissioners of the other Government all the facts having relation to seal life in Behring's Sea, and the measures necessary for its proper pro- tection and preservation. "The four Commissioners shall, so far as they may be able to agree, make a joint report to each of the two Governments, and they shall also report, either jointly or severally, to each Government on any points upon which they may be unable to agree. "These reports shall not be made public until w INTRODUCTION. i. iri the Case thus: "Vol. I, p. 1," and the maps and charts will be indicated by the nuuibers marked on them. The lithogra})hic illustrations will be referred to by the pages of the Appendix wliich precede them. The Government of the United States under- stands, however, that, under the terms of the Treaty, it may hereafter present "additicmal doc- uments, correspondence, and evidence," and it reserves the rijrht to do so. Drs, or it )ir being' the two ort uj)oii sm; and, s consid- tlie two (d States leir own ' reports and con- »n. lice, and ted Case Volumes istituting i will be I, p. 1," id by the ogTa})hic pages of PART FIRST. RELATING TO HISTORICAL AND JURIS- DICTIONAL QUESTIONS. 2716- d is under- s of tlie onal d( K> " and it IIIM- .>?i iill i'liti! II! i I : 4 I mm H |!IP !!' i ; PART FIRST. RELATING TO HISTORICAL AND JURIS- DICTIONAL QUESTIONS. GEOGRAPHICAL SKETCH OF BERING SEA. Bermoiin.i- southern boundary of Bering Sea, is four hun-oi'Aiiiski*. dred and fifty-six miles long and about fifty iniles wide, and consists of a more or less level tract interrupted by single mountain peaks or clusters of ])eaks. Between these peaks, espe- cially toward the western extremity, are low- lying, marshy gaps, which form portages, used by the natives for carrying their boats across from the Pacific Ocean to Bristol Bay.' The chain of the Aleutian Islands, completing sontiipm iMtm ■! the southern boundary of Bering Sea, consists ofiaiu'is.' about forty principal islands and a considerable number of islets and rocks. From the ])eninsula of Alaska these islands sweep in a curve, convex toward the south, to the southward and west- ward for one thousand and seventy-three miles to the island of Attn, and thence north and west two hundred and five miles to the Com- mander Islands, which are regarded bj' some ' KecliiH, Nouvelle G<5o}{iai)Lie miiveiselle, 17 vultiiiies, Faria 187.5-1891, vol. XV, p. 201. Tmm 14 SKETCH OF BERING SEA. ■|!f!!li;iii: :il!iill!:il ;iUi|,|;j 1 t;:-:' III Ml ! I 'H, ijiiiiiil i lii'iil; laiuls. ^""*''!''"" '.'"""/'■ iiooorraijhers as a part of the same chain.* iiry. Ali-iitiiiii Is- "" "^ I • Kroin the Coiiiinander Islaiuls to the Asiatic coast the distance is one lunidred and ten miles The hir^est of the Aleutian Islands are Uni- mak, Unalaska, and Unniak, the two former being about seventy-five miles lonj^. The straits or passes se|)aratin. '>'M; Wappitus, p. 298. LIBRARY Animal lifo. ^■1 20 DISCOVERIES ABOUT BERING SEA. ! 9 III; 'iii "'I'. :ii' |''|iH,: I'll >iH !m mm Inhabitants. Vegetation. Georfre. Myriads of birds breed upon the high, rocky cliffs of tlie islands. The g-roup was uninhabited when first dis- covered, but was soon colonized by the intro- duction of natives from Unalaska and other islands of the Aleutian Chain. In 1890 the pop- ulation of St. Paul was two hundred and forty- four souls, of which twenty-two were white ; on St. George there were ninety-three souls, of which eight were white ; making the total population of the group three hundred and thirty-seven. Seal meat is the staple food of the natives to-day. The vegetation resembles that of tlie Aleutian Islands, in that no trees are found. It consists of numerous species of grasses of an intensely green color, and of many kinds of wild flowers, which grow in abundance. I ; "I'liriii 1(1 Im'i :,' ■ pe DISCOVERY AND OCCUPATION OF THE SHORES AND ISLANDS OF BERING SEA. Bei ins's (irat ex- T^j^g exploratioii of Bering Sea and of the coasts and islands of America which surround it fol- L)wed ui)on, and was the direct result of, the oc- cupation^ of Eastern Sil)eria and the peninsula of ' Voyage to the I'aeitic Ocean under the direction of Cajit. Cook anil othiTs, London, 1784, v< 1. Ill, pp. 3r)K-S83; Coxe's Kiissiaii Disi'ovories between Asia and America, London, 1M0<, p. 317 et »<■(/.; Miiller, Vo,va<;eH (Voiii Aula to America, trauulated by Jef- fries, London 17tU, 2d ed., pp. 1-44. DISCOVERIES ABOUT BERING SEA. 21 the liigh, first dis- \\\e iiitro- Lud other ) tlie pop- nd forty- vhite ; on , of which ulation of en. Seal o-day. ! Aleutian t consists intensely d flowers, i: SHORES the coasts nd it fol- r)f, the oc- niiLsula of f Ciipt. Cook tx»''8 I{ussi:iii [mi, p. 317 et uted by Jel- Kainchatka by the Russians in the seventeenth ij^ring's first ex- century. As early as 1()48 a Russian ship is re- ported to have sailed from the Arctic Ocean through lieriiif^ Strait to Kamchatka* ; })ut not until the reign of Peter the Great was any organized effort made to explore the unknown regions of this sea. The execution of his plans, owing to his death, devolved upon his successor, p]mpress Catherine. The first expedition, un. 60(7 nci/. ' Miiller, p. 48. Tlie naiiie was lonfc! red by C(!i)]< in HTS: Gi-eenhow's Memoir on the Northwcat Coast of Anieriia, Seuato L'-if, No. 171, Twenty-sixth CoiiKresH, lireit session, p. 82. ' Mllilor, p. 5.'), anil niajt (frontispiuce); Huriiey, p. KiO. Tymmm '^m Mill,;- 22 DISCOVERIES ABOITT nERINO SEA. lMl|il"''>'"' 11 laiii '*« ::iJi; !i: .:iii on t\w Commander Islands. lie died npon the one whicli was subsequently named for liim/ Rpsourrps of ^pijij, 1;^^^ expedition made known the valuable nntu luiuic kuovM). I'^jj. ,.esources of the Commander Islands, and brought back to Sil)eria larg-e quantities of the skins of sea-otters, fur-seals, and foxes. This led to the orjijinization of many private ex))e- Jitions, and o'ie adventurer, Bossof, is reported to have gathered on these islands furs to the value of at least one-half million dollars between the years 1743 and 1749.- The voyages at this period were numerous and indicate great activity throughout the Aleutian Chain, island after island being discovered by ])rivate Russian adventurers.^ Discovery and subjugation to Russian rule went hand in hand with trade, the rich merchants of Moscow furnishing in great measure the money wliich sustained the cost of dis- covery; and (^)ok, writing in 1784, says that the Russians had conquered the Aleutian Islands and made them tributar>'.* Several navigators under Russian Im[)erijd authority made further expe- ditions into Bering Sea and visited various parts of the coasts, but it was not until the year 178(5 ' Miiller. \\y>. ttH-!)7, and map (troiitisi>iei'e); Cook, vol. Ill, i>. 372; IJiinioy, |i. 17(>. •' HtTf?, ("lironoloijical Hint()i\v ol' tlio DisooviTy of tlio Aleutian Isiaiuls, or tlie Achii'VcineiitH of KiiH.siiiit Mcrdiaiits, anil also an llistoiicul Review of the Fur Tiaile, St. I'i'teisburg, 1823, p. 1 el mq. ' Hiiiiiey, pp. IKl-lSr.; C'oxo, i»p. 86-110. ■• Cook, vol. Ill, p. 372. DISCOVERIES AIJOUT HEHING SEA. 23 upon the • liini/ 3 valaal)le iiuds, and ies of the ;es. This ate ex))e- reported irs to the s between '•e.s at this it activity incl after Russian i^ation to trade, tlie in great 'ost of dis- sthat tlie kinds and ors under lier expe- ious parts rear ITSfi c, vol. Ill, p. tlio Al(>iiti;iii tiiid also Mil 'S, l»-'3, V. 1 that the most important of all the discoveries in ,,,,^;i^,;y"'j^,';-y„,'i!' this sea, that of the Pribilof Islands, was made. <^>'^;' to search i..i' Tt was broug-ht about by the same cause which led to all the other enterprises in these regions, the search for furs. The Russians had already become acquainted with the fur-seals upon the Commander Islands. They had also noticed what is to-day known as the Pribilof herd, as it passed semiannually through the channels of the Aleutian Islands; and as the sup})ly of sea-otters diminished, they began exerting them- s ; OS to as(!ertain upon what shores these fur- s<;.i,is landed. Much time was si)ent in following them both upon their iiorthws>i'd and southward courses. In 1786 the final search fur ihem was undertaken by Clerassini Pribilof, who for five years had been employed by one of the leading trading companies and was regarded as one of the best navigators of that region. For three weeks he cruised in the neighborhood of the Pribilof gpHq) in a dense fog without finding it. **At i:i i, *' says Veniaminof, "fate, as if relenti-^j;, yielded to the untiring eflbrts of an enterprisii V uan and lifted the curtain of fog, rpveaiing tlu ' .-.tern part of the island nearest the Aleutitui Archipelago . . , ."^ Thia ' V»'iiiiiiuiiiol'8 Notes on the Islands of the UnalaHka District, St. Petersburg, 1840, part 1, p. 271. B^ !'i:'li: i|MI|| 24 DISCOVERIES ABOUT BERING SEA. I'i'il 'i!ii Ml!! :":;! r I ill island was named St. George. In tlie follow- inj^ year the island of St. Paul was discovered. Cook's e X p. uii- Meanwhile, in the year 1778, the English nav- tiou to Bei'iug Sea. _ igator. Captain Cook, had appeared in Alaskan waters, in cociperation with an expeflition sent by the British admiralty to Baffin Bay in the hope that a northern passage might be discovered from the Pacific to the Atlantic' After visiting cer- tain points on the Pacific coast of Alaska, he passed int leering Sea and sailed along the east- ern shore u.> is Bering Strait, giving names to various plac..?, among which are those of Bristol Bay and Norton Sound. At several points on the coast which he visited he found clear evidence of Russian influence and customs, and he confirmed in the strongest manner the early Russian discoveries. His visit was never followed U}) by settlement, and it resulted in no acquisition of territory or claim thereto by his Government.^ Subsequent Riis- J^ ijyi .^ expedition, planned by Catherine II, siau expeditious. i ' i j passed from the Aleutian Islands to the northern parts of Bering Sea, including St. Lawrence » Uurney, pp. 219, 220. 'On the contrary, it inured largely to the benefit of the Kus- sians, of whom Cook, iu his third volume, at page 373, predicts that " they ■will undoubtedly make a proper use of the advan- tages we have opened to them by the discovery of Cook's Rivet (Inlet)." See, also, Coxe, p. 206. I if DISCOVKKIES AltOUT l!KI{IN(J SKA. 25 le follow- ivered. ^lisli nav- L Alaskan •11 sent by the hope 3red from litiiig cer- ilaska, he the east- Qg names those of t several he found customs, pnaer the i^as never Ited in no to by his lierine II, northern Lawrence of the KiiB- 373, predicts F the a (I van- Cook's Rivei U8 Island and Cai)e llodnoy, and returned aloiiii- tlic /'"i's<'itKnH- Asiatic coast. Other expeditions followed at various times, an imj)ortaiit one l)ein<^ that of Korasakovsky, who, in 1818, made a thorouj^h ex- ploration of a great part of the eastern sh l{ii.s- bearir^ animals led to i)ermaneiit settlements, **'■•'" ttMiitorv ". * ' < arly as 1800. the subjugation of the native tribes, and the es- tablishment of forts or trading j)osts by the Rus- sians on various of the Aleutian Islands, on the Pribilof Islands, and on the eastern mainland of Bering- Sea during- the latter part of the eight- eenth and early years of the nineteenth centuries. Thus, by first discovery, occupation, and perma- nent colonization, the shores and islands of Bering Sea, the Aleutian Chain, and the peninsula of Alaska became, probably as early as 1800, an undisputed part of the territory of the Russian J^jHipire.- ' The whole of this shore, togetlicr with other territory, liad already beenclaiiiied by Russia in the ukase oflTiW, reference to wliieli will be hereafter more fully made. See, tanro of titioii. Sfttlciiicnt ' at Kadiiik isiuii.i. Russian doniinion.' As further evidence of Rus- sian occupation of the mainland of tlie Nortlnvest Coast the hiunching- of a vessel in 1794 from the shores of Prince William Soinid is chronicled, this beinjj^ the first ship built in Alaska.^ Sifka""'''"^ "♦ Hut the most im|)ortant step taken by Russia to permanently establish her authority over the islands and adjoininjr shores of the Northwest Coast of the continent was the founding- in the bej^inning- of the present century of New Arch- angel (afterwards Sitka),'' which soon became a fortress, the principal trading post, and the seat of government of the Russian American posses- sions. From Kadiak, iirst, and from Sitka, later, the Russian merchants continued to push their traffic with the natives along- down the mainland toward the (/()lund)ia River, and in 1812 they had even established a colony on the coast of California,^ calleia Uiver.* On the other hand, Great Britain early laid .."■•'♦'«'> «^«'"Peti claim to pf>rtions of this same Northwest Coast. Drake is believed l)y some to iiave touched it in his discoveries in 1579.^ The famous British navij^ator, (.^aj)tain Cook, appeared there in 1778, visited Prince William Sound and Cook's Inlet, and (as already noticed) passed into Bering* Sea. Cook's voya:<. vol. I, j». 356. See. iilso, Greenliow's Memoir, ]». ,S7. 'I.omion Quarterly Review, vol. XXVI. pji. 344-347. I'ii 4 t '1 lllilihi 30 CLAIMS TO TIIR XOrmiWKST TOAST. ll'liyil 'iiliij! iiiii^ ll'llli i;: IHi.- Spunisii coiui)eti-(j^^,(,.i,^ j^,i,i i,j (loinjr tliis hIio WHS jictii}it. ,'»7 and chap. IV. ' American State Papers, Foreign Kelations, vol. V, p. 444. '' It ap]>earRtoliave been diHcovered, and wu» named, by Conk iu 1788. Greeubow'H MeiHuir, |>. 82. CLAIMS TO THE NOltTHVVE8T COAST. 81 \(n\ largely SHiaiis had 17(;8 the to latitiulo ey visited north as n of much •eigii; ami ion of the al names, 2 scoverers. gilt to the nght to an itr(»versy, European »• between 1 Sound. st side of ° N.^ In as intend- ment sent ['il)ate her rouble of Memoir, p. 57 , p. 444. 1, by Cook iu .u any kind with Russia arose out of these measures,' tii(> Noot k h Sound coiitru- l)ut the Spanish naval commander havinj^ seized vtrMy. two vessels eng-aj^ed in trade there, togfether with certain houses and land, all of which the British Government claimed to be the jn'operty of British sid)jects, the act of seizure was vig-orously and successfully resented, and as a result of a heated contro\ersy the treaty of 1790 was celebrated between Great Britain and Spain.- Article' I II Tiwity of i7!»o ot tliat treaty is, in part, as tollows: "It is ag-reed iirituiuaudSpuiu. that the respective subjects shall not be disturbed or molested either in navigating or caiTying <»n their fisheries in the Pacific Ocean, or m the South Seas, or in landing on the coasts of those seas in places not already occupied, for the pur- pose of carrying on their commerce with the natives of the country or of making settlements there; the whole subject, nevertheless, to the restrictions specified in the three following articles." This stipulation is of special significance, as it constituted a basis of the adjustment made by Russia with the United States in 1824 and with Great Britain in 1825, respecting the navigation of the Pacific Ocean and the conflicting claims to the territory on the Northwest Coast. ' AiiK^ritiiii State Paiters, Foreign Rdiitions, vol. V, p. 445. 'Vol. I, p. 32. See Greenliow's Memoir, clinp. VI, i. ^'4 m ' ill'iiiiii ■ "ill iiiiiii nii{!li-ii iijiiiiil! h v!P!l iii-^iiiiii' 89 Ainrrican com {tftitiuii. CLAIMS TO TIIK NOUTHWKST COAST. Tlio i)artial imvif^ation of the ('<>liiiiil>ifl River by tlie Ainorican navipitor, Ca|)taiii Gray, in 17!)2,tIieexpe(lition of LewissnulClarke across the IWky iVIoiiiitainH in the years 1803 to 1805,' and the estahlislinient of the Pacitic Fnr Company on tlie Pacific coast in the earl}* years of tlie })resent century, gave to tlie United States a permanent lodgement on the Northwest Coast and constituted the basis of an active competition uw the part of that nation for the sovereignty anre8 and waters of the Pacific.'' The troubles which early in this cen- tury arose between the United States and Great Britain as to ownershij) of these coasts were left undetermined by the treaty of Ghent, following the war of 1812; and in 1818, ijeing still unable to adjust the respeirtive claims, the two powers agreed that all territory in dispute claimed by eithei' of them between the Rocky Mountains and the Pacific Ocean should, with its harbors, bays, and rivers be open and free for ten years to the vessels and citizens of both nations,'' and not until 1846 were their respective territonal rights on the Northwest Coast permanently settled by treat}'. •Greenhow's Memoir, p. 126 et seq., p. 149. *Greeiih()w'8 Memoir, pp. 152-158. ^Treaty of 1818 between the United States and Great Britain, Vol. I, p. 34. i]>ia River Gray, in i across the 1805,' and onipany on the })resent permanent constituted the part of trade of a aters of the II this cen- and Great :8 were left t, following still unable wo powers claimed by luitains and bors, bays, ears to the id not until ights on the by treat}'. Great Britain, TC- CLAIM8 TO THE NORTHWEST COAST. The claims of S|)ain to this region were trans- ferred to the United States by the treaty of 1819.* It thus appears from the foregoing l»»torical ^j'^uh^^ jompcH review that, while tlu. claim of Russia to the «!'JJ^^, 'J^^^ '•;•;""• territory embracing the Aleutian Islands, the peninsula of Alaska, and the coasts and islands of liering Sea was undisputed, the shores and the [ adjacent islands of the American continent south of latitude 60° as far as Calif< uiiia were during the latter part of the eighteenth and the first quarter of the present century the subject of conflicting claims on the part of Russia, Great Britain, Spain, and the United States. This condition of affairs in- dicated that an international conflict was likely to come sooner or later, and it was foreshadowed in an article printed in the London Quarterly Review of 1814, in which it was said: "How long the continent of America will afford a sup- ply of furs and peltry to the contending traders of England, Russia, and the United States, we pretend not to determine, but we believe they have each of them lately experienced some diffi- culty in supplying the usual demand for those of the most valuable description. An increasing I scarcity can not fail to produce a collision of in- terests and disputes, which at one time or other will probably terminate in a war , "2 'Vol.1, p. 34. - Loiulou yuiirteily Review, Vol. XI, p. 292. 2716 5 34 TIIK RUSSIAN AMERICAN COMPANY. ':?!tii i' .i'!'" Ijllllj;, ::'iii!i :ti:II!ll!lil ■'Ml: 'I THE RUSSIAN AMERICAN COMPANY. itspdiiicni jiiid Hsiviii<>- tliiis preseiitcMl ;i l)nof sketch of the cninnu'rcial iuijior- ^ f""*^*^- political coiuhtion of affairs in tlie early part of this ceiiturv iii the territory surroiiiulinj^' Beriiio- Sea and on the Northwest Coast of America, it is pro})er, hefoni entering^ upon a consideration of the events of international importance which follow, to refer to the or<>anization and early history of the Russian American Company, an association which for a period of over sixty years carried on trade and administered public affairs throu^hotit a l triiilmy iiSBOci- * out<>Towth of the numerous trading- associations,^ v/hich, soon after the discoveries of 1741, bewail to develop the lucrative fur trade in the Aleutian Islands and Bering* Sea. The rivalry and com- petition svhich grew up between them proved in many ways disastrous'- and resulted eventually ' For a (Ictiiilcd account of same, see Hci'g, p. I et seq. '' Tikhimnief, vol. I, p. til. atiouti. THE RUSSIAN AMERICAN COMPANY. 35 lNY. 'tell of the fly part of no- BeriiiS" iierica, it is deration of tice wliich and early mipaiiy, an over sixty )red public. ise reg'ions. itions it oc- jythe East ies; and its tioii of the tribunal of was the -oeiations,^ 741, beg-an le Aleutian and coni- proved in Bventually 1 et sea. iu i)laein«^ the fur trade of the Colonies under the control of a single powerful orj^anization.' This was acconii)lished in 171)9, in wliich year chiirtoie.i in a ukase was issued, creating- the "Russian Amer- ican Conii)any" and containing its first clip^ter." This ukase invested it with special and exclu- Jt« "-iKi'ts :»n,i sive privileges for a })eriod of twenty years on '"***^ i;i'ait.r. the shores of northwestern America between latitude 55° N. and Bering- Strait, on the Aleutian Islands, the Kurile Islands, and the islands of the Northeastern or liering Sea. To it was reserved the excl(isiverig-ht to all products of the chase and of commerce in those regions; and it was s])ecially authorized to take possession on behalf of the Imperial Government of newly discovered countries, both to the north and to the south of latitude 55° on the coast of America. It was authorized to establish agencies within and without the empii'e, and to use a seal and and a Hag bearing the Imperial coat of arms. Its chief place of business, which wms originally at Ij-kutsic, was soon transferred to St. Petersburg, where its shareludders, n«-iie of whom were allowed to be foreigners, embraced mend)ers <>f tile Imperial family and the high n<»bilit}'. ' Vivien df Siiiut-Iilartin, vol. 1, p. 56, «Vol. I, p. 14. 'liiiii: .',!,!ili! ■Ml' 11 III I I ::';;i' liiii* While the privileges conferred by this charter were very great, the Company was, on the other hand, burdened with some heavy obligations. Its obligations, j^ ^^^^^ compelled at its own expense to carry «>n the goveiTment of the region over wliich its priv- ileges extended, to maintain courts, the church, and a small militar}-^ force, and, at a later period, to hold I'eady at various points on the coast provisions and stores for tlie use, in cases of emergency, of the naval vessels or troops of the Russian Government. Its mode of gov- For the purposes of administration the Impo- eriiiubut. rial Government and the directors of the Com- pany jointly a])i[)ointed a chief manager, wiio resided at Sitka, and who at an early date was required to be an ofHcer of the navy of high rank. His powers were absolute within the ter- ritory over w^hich the Com])an}' exercised juris- diction. Under him were sub-managers, over- seers, and other agents. Reports of the Com- pany's transacticms were submitted originallv to the Minister of the Interior, and later to the Minister of Finance. Officers of impe- Dating fi'om the year 1802 officers of the Im- rial navy eiigugt'd * .1 • .1 1 r lu itsneivuti. penal navy were constantly m/tlie employ ot the Company. As long as it maintained a mili- tary and naval force in thr Colonies at its own expense, such forces were entirely at the dis- this chartor 111 tlie otlior obligations, to carry on ich its priv- the chiircli, ater period, I tlio coast in cases of I'oops of tlie I the Impo- )f the Coni- nager, who iy date was Lvy of higli thin the ter- i'cised juris- agers, over- f tlie Coin- )riginall}' to ater to the ■1 of the Ini- employ of lined a niili- at its own at the dis- THE RUSSIAN AMERKUN COft[PANY. posal of the chief manager, who had the pHvi-.-.^^JIIill^;";;;,;;;;;';; lege of selecting the soldiers and sailors from aii)' "' '»■» ""'vi""- force stationed within the boundaries of Siberia. Kven the officers of those naval vessels which were not maintained at the expense of the Com- pany, and which were sent out to the Colonies i»y the Imperial Government, were generally en- joined to obey the orders of the chief manager, and it will be made to appear from papers whicli will be hereafter cited thut such orders were freely given. Under its charter the Company paid no roy- ^^i*^ °** royaUv ah\' or rent to the Government, but as its trade consisted chiefly in the exchange of furs for teas on the Chinese frontier, the Government received large sums through the duty collected on such teas. In short, the Company administered both go\ - '^""imary. ernment and trade throughout the whole of the territory over which it Avas given control.^ ' See in reference to ;ill tliiit hits l)een said re}i;ar(linfj; the rights, oblifjations, ami govornnicnt of the Rusttiun Amcjricau Company: Keguhitions of the Unitetl American Company. TikhnuMiief, vol. I, app., jij). 1-19; (Charter of 179!t, Vol. I, p. 14; tikase and charter of 1821, vol. I, pii. Ill and 21; -'Additional Facts relating to the Kussian Ainerii'iiii Company, " Nol. 1, p, 'J; Tikhmenief, vol, II, :ipli., pp. 17-G3. THE UKASE OF 1821. THE UKASE OF 1821. tsi "..l|il In,:' ^iii 'li'i '■!: ■, .iliii Ukase of 1821 Oil the 4th of Sei)tenil)er, 1821, this ftimous sua second chiirter i ' ' of the Coiupaii.v. yj^j^^g ^.^j^ made public, and nine days later, on the 13th of September, 1821, the Emperor renewed with certain additions for another term of twenty years the charter and privi- leges granted in 1799 to the Russian Amer- ican Company. Both the ukase and the new charter appear in full in the Appendix.' ^^^Purpose of tbe '^p|jg objects wliicli wcrc sought to be obtained by the promulgation of the ukase appear from the recital prefixed to it, which is as follows: " Observing from Reports submitted to us that the trade of ouu subjects on the Aleutian Islands and on the North West Coast of America apper- tahiing unto Russia is subjected, because of secret and illicit Traffic, to oppression and imped- iments ; and finding that the principal cause of these difficulties is the want of Rules establish- ing the Boundaries for Navigation along these Coasts, and the order of Naval Communication as well in these places as on the whole of the Eastern Coast of Siberia and the Kurile Islands, we have deemed it necessary to determine these Communications by specific Regulations which are hereto attached." > Vol. I, pp. 16, 24. i^l iii'illii:!i! lis famous ays later, Enii)ei'or ' another md privi- an Aiuer- . the new 1 e obtained i •pear from s foUows: to us that an Islands •ica apper- •ecause ot nd imped- d cause of establish- lon<»- these uuiication ole of the le Islands, ■1 niue these .<,-, ■ )ns which ■M THE UKASE OF 1821. 3J) Its title and first two sections are as follows: .i,.;;';,,*^*,';,^'*^ " Rules established for the Limits of Navi«>a- tion and orderof Conmumicationalonjj' the Coast of I^astern Siberia, the Northwest Coast of America, and the Aleutian, Kurile, and other Ishuuls. "§ 1. The pursuits of Connnerce, whalinfr, and fisJK'rv, and of all other Indnstry on all Islands, l*orts, and Gulfs, includinji- the whole of the Northwest Coast of America, bef^inning from Bei-in«^''s Straits to the 51° of Northern Latitude, also from the Aleutian Islands to the Eastern (V)ast of Siberia, as well as along the Kurile Islands, from Bering's Straits to the South (Jape of the Island of Uru[), viz, to the 45° 50' North- ern Latitude, is exclusively granted to Russian subjects. "§ 2. It is, therefore, prohibited to all For- eign Vessels, not only to land on the Coasts and Islands belonging to Russia as stated above; but also to approach them within less than a Hundred Italian Miles.^ The Transgressor's Vessel is subject to confiscation aloiig with the whole Cargo." The reason why the limit of one hundred miles K.nHon why , ,• 1 . 1 ^r "'"'t <>t" I"** miles was chosen a))pears trom a letter written by Mr. cboHen. 'An Italian luilo is the o«iuiviileiit of a geo<{i'aiihical mile, of which there are sixty to a decree. y-- i :i , w iil'li'iiii : i'iii::!iii!i ji ;! i|]i||i;n;| ill (I i. ■'■■'::( 1 i 1 ■\ 1 1 lit ■ 1 P'l I li: J I III I ['■!tii,H'i';;:|i!!!i!l wm. \h Wii i :;:'!' !l lip !l:'"ii;'ii: 40 THE UKASE OF 1821. ,. K'"^."," ^^hyMiddletoii, United States Minister at St. Peters- iiiiiit clams, August 8, 1822, Vol. I, p. 135. ■' Vol. I, p. 32. 4 ,'/" .^* THE UKASE OF 1821. 41 c St. Peters- d August 8, jrview with 10 had been lis measure;, ought to es- tion on their the Russia! ; )poly of the In order t(» d found the he Treaty of ited at about i for all pur- •ecent prece- extent of sen d the fourtli tion between referred to, lie lattiu* ex- ten leagues occupied b}' ' the Alaskan wo hundrofl liaiii on tlu' of the eastern "voiTi, p. 135. ^ half of Bering Sea was covered by the ukase to enable Russia to })rotect the lierd while there. In so far as it affected that sea and its shores, iiuase cieciara- tory "1 exmfinjj Russia regarded tlie ukase as merely declarator}' «igi»ts. of existing rights. The board of admiiiistratiou of the Russian American Company, writing from St. Petersburg to the chief manager of the Russian American Colonies at Sitka on Septem- ber 20, 1821, says: "With this precious act in your hand you will be enabled t(» as.^ume a new position and to stand firmly opposed to all attempts on the part of foreigners to infringe upon our rights and privileges. In accordance with the will of His Imperial Majesty we will not be left to protect unaided the land and waters embraced in our exclusive privileges. A squad- ron of naval vessels is under orders to prepare for a cruise to the coasts of noitheasteni Asia and northwestern America. . . . We can now stand upon our rights, and drive from our waters and ports the intruders who threaten to neutralize the Ijeneiits and gifts most graciously bestowed upon our Company by His Imperial Majesty.'" ' Vol. I, p. 59. This and other dociiiiicnts hereinafter cited, re- lating to the affairs of tlie Russian American Company, belong to the official rerordsor archives of the territory which was ceded to the United States hy Russia by the treaty of 18r>7. They came into the jKtssession of the United States by virtue of the second article of that treaty and ure now in tlie archives of the Depart- ment of State at Washln<;'on. Fac-siniiles of all the original documents referred to herein ^'ill be found at the culunio.s, we to fur-8eals, n<^\\ has been »f jurisdictuni ters with liis to reduce tlic (1 to ])atiently ipi; therefrom, iiarvest iu the ow that after anting- to the am exclusive its authorities, issian Goverii- issels to visit itinj^ rij^hts of ed there ])rior om the f UnaUiska, Kud the intervening- waters eiing '"• ^J3(,,.ij^g. gea), .should proceed to Kadiak and from there to Sitka for the winter. The object of the cruising- of two of our armed vessels in tlie localities above mentioned is the protection of our Colonies and the exclusion of foreign vessels engaged in traffic or industry injurious to the interests of the Russian Company as well as to those of the native inhabitants of those regions." In the following year, 1821, two similar ships were to be dispatched, and in " this manner two ships of war would always be present in the Colonies and the Company would be as.sured of their protection."^ The board of administration of the Russian American Company, writing March 15, 1821, from St. Petersburg to the chief manager of the Colonies at Sitka, with full knowledge of the report of the committee of ministers and the action of the Ministers of Finance and of Marine of the year previous, clearly intimates the duty these war ships were to perform. In giving in- structions as to the management of the fur-seals on the Pribilof Islands, it says: "We must > Vol. I, p. 49. Killing of fur- Reals at tieu to be preveuted. iide, and tlio tiido to tlu! iiiu}"- waters <^adiak and Hie ol)jtM't essels in tlu- rotection o^ •eign vessels t'ious to the IS well as to jse regions." umilar ships manner two 38ent in the e assured of ;he Russian h 15, 1821, [lager of the edge of tlu^ irs and the id of Marine tes the duty n giving in- the fur-seals "We must THE UKASE OF 1821. 45 snppose that a total susjiension of killing everyg^^|^"^'^^8^^''^^*"'|J"- tifth }ear will effectually stop the diminution i*"^®"**"^' (»f the fur-seals, and that it will be safe at the expiration of the close season to resume killing at the rate mentioned above (fifty thousand annu- ally). By a strict observance of such rules, and a [irohibition of all killing of fur-seals at sea or in the passes of the Aleutian I.^lands, we may iiope to make this industry a permanent and reliable source of income to the Com})any, without distur})ing the price of these valuable skins in the market." ^ In 1819 Riccord, tlie then commander of Kam-,.'''^»oPigottafliair. Certain coiitraciH chatka, acting under advice of one Dobello, a^'"'„ •'"7>"|'^''| ' o ' annulled. Control foreigner in the emi)l(>y of the Russian Govern- [',^^''';;^^![***|,\JiJ)j!*"'^'j; ment, granted to an Englishman named Pigott "*"'" the right for ten years to hunt whales on the coast of Eastern Siberia.^ This grant was at once repudiated by the Government. A con- siderable amount of correspondence resulted, which illustrates the complete control which Russia claimed and actually exercised over Bering Sea prior to 1821, and how jealous she and lier chartered Company were of the intru- sion of foreigners. Under date of April 10, 1820, the Minister ' Vol. I. 11. -,H. 'Tiklinu-nk-r, vol I, |i|i. l!»L'-20(). *i|ilrff^piii 46 THE UKASE OF 1821. ' II ti. "'"iiiili'i I 'i]i' i Mi: W ThePigottatiiiir, ^f Pinance wi'ote to tlui board of administnitirm cMutiiiueu. ot" the UiLSMiuii Aiiiuricuu Coiupuuy tor its giiidrtiice in part as follows: "The (Muninaiidor of the government of Irkutsk is hereby instructed to forbid any foreigners, exce})t sucii as have become Russian subjects, to enter the mercantile guilds, or to settle in business in Kamchatka or Okhotsk; also to entirely pro- hibit foreign merchant vessels from trading in these localities and from anchoring in any port of Eastern Siberia, except in the case of disaster. . - . It is hereby ordered that the local authorities shall infonn the Eng- lishman Davis at Okhotsk and Dobello's agent in Kamchatka that the Government does not permit them to reside in those places, much let^s to erect buildings or other immovable prop- erty." In the same dispatch the minister said: "Hav- ing for the benefit of the American Compaii}^ excluded all foreigners from Kamchatka an(' Okhotsk and prohibited them from engaging in trade and from hunting and fishing in all the waters of Eastern Siberia, the Government fully expects that the Company, on its part, will hold itself responsible for supplying those regions with all necessaries." And again: "In conclu- sion, it is stated as the decision of His Majesty, 41!:! '-m:. IM III TFIK UKASK OK 1821. M ninistnitifni y tor its [;oiiiinaii(lor is herel)}' jxcept such a enter the business in tirely pro- trading- in g in any the case oi' dered that the En«^- bIIo's agent it does not I, much h^ss able prop- aid: "Hav- i Company ihatka an(' angaging In f in all the mnent fully •t, will hold 3se regions "In conclu- lis Majesty, the Emperor, in view of possible future compli- ciaticms of this nature, that no contracts involving th(! free admission or navigation for trade of for- •fign ships or foreign subjects in the waters adjoin- injr or Ixumded by the coasts of liussian colonies will b(} approved by the luiperial G(»verinneiit.'" ,,i|;;;;;^;R^:;;;,r7;: On April 23, 1^(20, the board of admiiiistra- '|"'f,,,,*t.Ji'*'i'J'y ^Va- tioii ot the Com])any at ht. retersburg wrot«^ toHLiiis. tlu chief juanager of the Colonies at Sitka, an«l, after reciting the (M)ntents of the foregoing letter, continued: '*Ah soon as the Imj)erial Govoru- meiif ascertained that the contracts made (viz., those with Pigott) were in open violation of the privileges granted the Company, it prohibited at once all foreigners not only from settling in Kamchatka and Okhotsk, but also from all inter- course with those regions, enjoining the author- ities Lo maintain the strictest surveillance over then- -novements. Basing you?" own action upon this proceeding of our Highest Protector, you, as conunander of all our Colonies, must prohibit with equal strictness all foreigners from engag- ing in any intercourse or trade with native inhabitants, as well as from visiting the waters frequented by sea-otters and fur-seals, over which our operations extend, under penalty of the most severe measures, hicluding the contiscation of ' Vol. 1, pTii^ 48 THE UKASE OF 1821. 1 1 f : '9 f :■■■?* i^iiiiil'i Fompnt'iN pro- j^iiipi^ {,,j(| |],(. iinprisoiimeiit of crews eiiffaffed InbittMl lioni visit- i i n r> M!i*;nt"T*'by '«,.•,-'" tl"*^ ^^H^''^ traffic. You must act with the seaisr "'" * " ' ' ^Teatest severity in cases where foi-cig-ners liave sohl to the natives arms, powder, and lead. Tliey must be made to understand that their presence in our waters is contrary to our laws, and that they will never be admitted to any port unless you or your subordinates convince yourselves that such is necessary for the saving of life. In a word, you must preserve an attitude in full accord with the views of the Imperial Government on this subject, and protect against all intruders the domain of land and water granted to us by the grace of the Emperor and necessary for our continued existence and prosperity. Yom must transmit these instnictions without delay to your sub- ordinate commanders for their (ionduct in their intercourse with foreigners, and especially to the commanders of ships navigating our waters, to enable them to drive away the foreign iinti'u- ders."i The PiRott aftair, Thh qucstion of the contract with foreijmers continued. * ^ was again referred to in a lener from the boai'd of administration to the chief manager of the Colonies, March 31, 1821. Speaking of Messrs. Riccord, Dobello, and Pigott, it is .said: "From ' Vol. I, pp. o3,SA. h 'if ' 1 iiiiiiiiiki.^ THE UKASE OF 1821. 49 t with the toivig-ners , and lead, that their our laws, ed to any i convince the saving eserve an iws of the (ject, and loniahi of e graoe of (•<»ntinued t transmit your sub- ct in tkeir )ecially to ur watei-s, ;ign uiti'u- foreigners the hoard [•er of the ot Messrs. I: "From the copy herewith inclosed of communications ^.^^•^^JR^"''""'''' from the ministries, you will see that the Imperial Government not only repudiated Messrs. Riccord, Dohello, and Pigott, but also prohibited them altogether from trading in Okhotsk and Kam- chatka, with the result that to-day the foreigners have abandoned their enterprise in that region, and no other foreigners will be allowed to visit these places in the future. The principles involved in this action of the Government you must also observe in dealing with foreigners who may visit our Colonies, using all the force at your command to drive them from our waters. Together with our new privileges, which have already been promulgated by the minister and which ju'e only awaiting the return of our Mon- arch, we shall also receive definite instructions how to deal with foreigners who ventui'e to cross the limits of possessions acqn.'red long ago through Russian enterprise and valor." ^ It thus appears from the foregoing citations Summary, tiiat, so far as it concerned the coasts and waters I'mtestsdirocted to claim of Jnris- of liering Sea, the ukase of 1821 was merely '^.'5*'"" "^er •''i- " •^ iiiic Oceun iiiul to declaratory of preexisting claims of exclusive ''''''!' *•" '^"""'^ of -y I o coiitiueut. jurisdiction as to trade, which had been enforced therein for many years. The ukase of 1799, which set forth a claim of exchisive Russian juris- 2716- ' Vol. I, p. 55. lf!|| ~ '■'i:;„j:jiil!li ■, I ; •.. :. ■ ■,,, 0M '?-'m 50 THE UKASE OF 1821. I! I !i iiLiii fiijli iliipilS ii*;i!i; ll'il'lll'ill'ilf :"'i|.ilii!t*i''-""'-'' \i\mm ill I : :" i:i;iiir' III! ' vWHi i;!ll!h!:''"^i'! ProtoHts (liroct- diction as fjir south as latitiule 55°, called foitli no en to cliiini ol jiir- ' (Tuir ol'oaraiui't') P^'otcst tVom auy foreign i)owers, nor was objec- clmiuicur""^ °*'tion offered to the exclusion of foreign ships from trade with the natives and hunting- fur-bearing animals in the waters of Bering Sea and on the Aleutian Islands as a result of that ukase and of the grant of exclusive privileges to the Russian American Company. It was only when the ukase of 1821 sought to extend the Russian claim to the American continent south to latitude 51°, and to place the coasts and waters of the ocean in that region under the exclusive control of the Rus- sian American Company, that vigorous protests were made by the Governments of the United States and Great Britain. And the correspond- ence which grew out of those protests^ shows that they were inspired by the claim of jurisdic- tion over large portions of the Pacific Ocean (as distinguished from Bering Sea) and by the con- flicting claims of the three nations to the coast over which Russia sought to extend exclusive authority. The United States and Great Britain had for years before the publication of that ukase been competitors for the trade and the ownersliip ' Vol. I, pp. i;-i;2-]52. Only sneli i)ortion of tlio corroaiiondeiice between Great Britain anil Kus.sia \h given, as was iueloseil in Lord Siilisbnry's noto to Sir Julian rauncefoto, dated August 2, 1800, Vol. I, p. 242, lli^i: THE TREATIES OF 1824 AND 1825. lied foitli no • was objec- i si lips from tur-beariiig- and on the ikase and of the Russian when the Lissian claim atitude 51°, the ocean in 1 of the Rns- 311S protests the United correspond- tests^ shows I of jurisdic- c Ocean (as by the con- to the coast id exclusive rreat Britain if that ukase e ownership ! corroHpondeiice inclosed in Lord 1 August 2, 1890, 51 d of the coasts and islands lyiiijj: between latitudes^ ''''•?*•.'■'*'**''!'■;''■♦!' •^ " to rliiiin of jmit' 51° and 55°, on what was known as the North-;!;;; !.';'" ^.;;;[';j;^, J '{»j west Coast, and their citizens and subjects had coiitiuent.^*"'^* **' been actively eng-ag-ed with their shi})s in hunting and trading on those shores and waters, and it was, natural that they should vigorously protest against the attera2)t of Russia to exclude them from tliat re/jion. On the other hand there is no record that iucli hunting or trading had ever been carried on by them within Bering Sea. The history of the period and the locality, the discussion whicli followed the ukase, and the treaties which were the result of it, attest that the object of both the United States and Great Britain in contesting the pretensions of Russia in this matter was to maintain their respective claims to the territory indicated, to preserve intact their valuable trade with the natives on the Northwest Coast, and to enjoy the free navigation of the Great Ocean which washed that coast/ THE TREATIES OF 1824 AND 1825. The controversy which followed the promul- f?eft]od the two- '"'Itl disi)ute. gation ot the ukase of 1821 resulted in a treaty between the United States and Russia in 1824,^ ' Seo Vivien de Saiut-Martin, vol. I, p. 56. « Vol. I, p. 35. < P:l Mn 'I .!)•■ :;iiifi;iii!'ii 52 THJS TREATIES OP 1824 AND 1825. <|iill| 1 iilL Settitd two-fold and one between Great Britain and Russia in dispute. 1825.^ These two treaties settled the twofold dispute which had been raised by the ukase, namely, first, the maritime dispute; second, the territorial dispute relating to the Northwest Coast. Bering Sea not The maritime dispute was settled by the first included in teruiis.' . , ^, /• i t. • • i , ,i used to denote Pa- articles. J hat oi the British treaty was, at the ciflc Oceau. request of the British negotiators,^ copied almost verbatim from the corresponding article of the American treaty, and the latter was based upon the third article of the convention of 1790 between Great Britain and Spain.^ That the terra "Great Ocean, commonly called the Pacific Ocean or South Sea," used in article I of the treaty of 1824 with the United States, and the term "The Ocean, commonly called the Pacific Ocean," used in article I of the treaty of 1825 with Great Britain, did not apply to and include Bering Sea, is shown by a study of the maps, charts, and writings of navigators* at the time of and prior to the negotiation and celebra- ' Vol. I, p. 39. •Letter G. Canning to S. Canning, Dec. 8, 1824, Vol. I, p. 260. »Vol. I, p. 32. ^Biirney, speaking of the "line of boundary whieli seems de- signed by nature for this great sea," says: "The northern limits are marked by the couiiuuation of the American Coast I'rom Mount St. Elias towards the west with the chain of islands called tlie Fox and the Aleutian Islands." Ilurney's Chronological History of the Discoveries in the Soutli Sea or Pacific Ocean, London, 1803, vol. I, p. 2. 1 Russia in the twofold the ukase, second, the iwest Coast, by the first was, at the •pied ahnost •ticle of the based upon n of 1790 lonly called id in article ited States, Y called the le treaty of ply to and tudy of the tors* at the nd celebra- Vol. I, p. 260. Licb seems de- northorn liraitE ast from Mount ikI.s called tlie ojlical History , Loudon, 180a, THE TREATIES OF 1824 AND 1825. 53 tion of these treaties. A list of these maps and charts is appended hereto,^ and a careful exami- nation of the same is invited. It will be seen from them that the best geographers have at all times distinguished this body of water from the ocean lying south of it by conferring upon it some separate name, in most cases either that of Sea of Kamchatka, Beilng Sea, Northeastern Sea, or Eastern Ocean.^ But in addition to the correspondence attend- Express declara- tions of Kussiau in,-? the negotiations, the text of the treaties Gov em m.ut ou ^' ° ' this subject. tliemselves, and the authority of navigators, attention is invited to the express declarations of the Russian Government on the subject during the negotiations and after the treaties had been celebrated. On July 18, 1822, the Imperial Minister of Finance addi-essed to the board of administra- tion of the Russian American Company a com- munication in which, referring to the pi'otests wliich liad been made against the ukase of 1821 and to the negotiations on the subject with the United States having in view some modification of the ukase, he says ; " Tlie rules to be i)ro- ~Vol. I, p. 287. ^ As to "Sea of Kamchatka" and "Bering Sea," see quotatiou infra from the letter dated Jnly 18, 1822, from the Minister of Finance to the board of administration. As to "Xortbeustern St a," see first and third charters of the Company, Vol. I, pp. U, 28. As to "Eastern Ocean," see Coxe, m.-ip (frontispiece). U{||UHI|I:1;|{RPI fill : ■ 'iliislili 111 iiii iilSilil m m .|'"':M,,,,;:;ii|:i!'i'il :rli!: ■■J"'.'!,,-,,, 'I'.^'J!' 54 THE TREATIES OP 1824 AND 1828. posed will probably imply that it is no longer necessary to prohibit the navigation of foreign vessels for the distance mentioned in the edict of September 4, 1821, and that we will not claim jurisdiction over coastwise waters beyond the limits accepted by any other maritime power for the whole of our coast facing the open ocean. Over all interior waters, however, and over all waters inclosed by Russian territory, such as the Sea of Okhotsk, Berirg Sea, or the Sea of Kamchatka, as well as in all gulfs, bays, and estuaries within our possessions, the right to the strictest control will always be maintained." ^ Declaration Sooii after the conclusion of the treaty of 1 824 nuide iiiiiiK'diiitcly '' befv.ro treaty «.'itli ^yith the United States the directors of the Rus- Greut lintuiii. sian American Company applied to the Imperial Government for a correct interpretation of the same. A special committee, consisting of some of the highest dignitaries of the Empire, was appointed, and July 21, 1824, it issued a report of its proceedings signed by Count Nesselrode and others." The seventh paragraph of this report reads as follows: "That since the sover- eignty of Russia over the shores of Siberia and America as well as over the Aleutian Islands and » Vol. I, p. 62. ' Ruasiau Minister of Finance to the board of the Russian American Company, Sept. 4, 1824, and accompauying report, Vol. I, pp. 67-71. iilii'liil THE TREATIES OF 1824 AND 1825. 55 no longer of foreign n the edict 11 not claim beyond the e power for )pen ocean, lid over all T» such as the Sea of , bays, and right to the :ained."^ (aty of 1824 of the Rus- ;he Imperial ition of the ing of some mpire, was ed a report Nesselrode aph of this the sover- Siberia and Islands and of the Russian ing report, Vol. the intervening sea has long since been acknowl- j JJ,^,!"fJ}j,"J ""{|I® edged by all powers, these coasts, islands, and^;'^;^j^jj*;.'Jy.^]^''"' seas just named could not have been referred to in the articles of the above-mentioned convention, wbicli latter concerns only the disputed territory on the Northwest Coast of America and the adjoining islands, and that in the full assurance of such undisputed right Russia has long since established pei*manent settlements on the coast of Siberia as well as on the chain of the Aleutian Islands; consequently American subjects could not, on the strength of article II of the conven- tion of April 5-17, have made landings on the coast, or carried on hunting and fishing without the permission of our commanders and governors. These coasts of Siberia and of the Aleutian Islands are not washed by the Southern or Paci- fic Ocean, of which mention is made in article I of the convention, but by the Arctic Ocean and the Seas of Kamchatka and Okhotsk, which, on all authentic charts and in all geographies, form no part of the Southern or Pacific Ocean."' To fully appreciate the significance of the foregoing declaration, it must be remembered I The explanatory note presented Dec. 6, 1824, by Baron de Tnyll to Mr. Adams, reference to which is made in Mr. Blaine's note to Lord Salisbury of Dec. 17, 1890 (Vol. I, pp. 263, 276) was a result of the report from which the foregoing paragraph is quoted; and this very paragraph was clearly used as the basis for the explanatory note. if iii, ':'im Mi; I ■:'.i::!|l|i:il ' , ■ ■''■■ .IMi:: " -I ill I ' 1 jSi : illl!':!:;:::':;! iinii:|;, :i:'!m i.ii' in'l'!': 56 THE TREATIES OF 1824 AND 1825. not only that it was made in response to a request of the Russian American Company for an interpretation of tlie American treaty, but, wlial is more important, that it was made shortly before the signing of the treaty with Great Britain, in which, therefore, the Russian nego- tiators did not consider it necessary (any more than they had considered it necessary in the former) to declare that Bering Sea was not a part of the Pacific Ocean, in which latter the right of free fishing was recognized to exist. Troittios rtco},'- So far, therefore, from the terms of these trea- tioniiKrits.i.iin.Ldties revoking or Ihniting the jurisdiction pre- hy KiiHsia ovc- Heriug Sea. viously cxcrcised by Russia over Bering Sea, there is inherent evidence in all those instru- ments, as well as in the negotiations which pre- ceded them, that no such revocation or limitation was sought, conceded, or obtained by the higli contracting parties. Russia was quick to notice that her assumption of control over the waters of the North Pacific Ocean was untenable; she therefore acknowledged this by the first articles of the two treaties in question. But neither in the protests, negotiations, nor treaties is any reference found to Bering Sea, and it must be conceded from a study of those instruments and the subsequent events that the question of juris- dictional rights over its waters was left where it THE TREATIES OP 1824 AND 1825. 57 sponso to a ompaiiy for treaty, but, aade shortly with Great issian nego- ■f (any more ;8ary in the a was not a ih latter the to exist. )f these trea- idiction pre- Bering Sea, those instru- f which pre- or limitation by the higli ick to notice r the waters tenable; she first articles t neither in ities is any it must be I'uments and tion of juris- left where it had stood l)cfore the treaties, except that the ex- „i J.^r^JJ." -...'X!;; ercise of these rights by Russia had now, through {j'°5jj;;;J/|;''^7;"J these treaties, received the implied recognition of '^^'''''s ®'"'" two gi'cat nations; for while, by the ukase of 1821, Russia had publicly claimed certain unu- sual jurisdiction both over Bering Sea and over a portion of the Pacific Ocean, yet in the resulting treaties, which constituted a complete settlement of all differences growing out of this ukase,^ no reference is made to this jurisdiction so far as it related to Bering Sea, although it is expressly and conspicuously renounced as to the Pacific Ocean. The burden is thus placed upon Great Britain Burden upon Great Hritain to to ihow that this jurisdiction, recognized in the show that those rights Lave been year 1825 to exist, has been lost. It is not lost* claimed that it was exercised for all puq^oses. Russia never sought to prevent vessels from passing through Bering Sea in order to reach the Arctic Ocean ; nor did she always strictly enforce the prohibition of whaling within the distance of one hundred miles from its shores; but, so far as the fui'-seals are concerned, it will be made to appear in what follows that the jurisdiction in question was always exercised for their protec- tion. •Section 8 of the "Proceedings of the Conference/' Vol. I, p. 68. 2716 8 .ill; 58 THE TKKATIES OF 1824 AND 1825. ' !:'i!l ' 'I * Mi !,,:;:, !■:!:" iiij ;i:ii:H:.,!i,||.| Hy troatirs Riis- wj^jj veffHrd to wluit nuiy 1)0 tcniictl the terri- 8ia n'liin|ui8h«'(l " -^ coast ciuimed" "' torial dispute, it }ip[)oar8 from an examination of the correHpondence and treaties that the soutliern boundary of the Russian territories was fixed at latitude 54° 40' N., wliereby she reHufpiished a large portion of the Nortlivvest Coast which she had claimed by the ukase of 1821, and thfit the coasts, interior waters, etc., upon and in wliich the United States and Great Britain wei'e }\llowe i„ ^"rhunp''''f{'i-r- Government in excluding Bering Sea froni thel,"^,:^!!',^!,!^"!^^^'^^^^^^^^^^ effect of the treaties of 1824 and 182.'), and also Ii,7^'t,^y " in limiting the privilege of access and trade for even ten years to the coast south and east of Yakutat Bay, was obviously the protection of the valuable fur industry, the right to derive profit from which was the exclusive franchise of the Russian American Company. This is apparent in all the correspondence between the Government and the Company following the pro- tests against the ukase and attend! nj*' the ncnfo- tiations c f the treaties. The Minister of Finance JJii ' The iliploiiiatic currespoiulenoe between the (.'nited States and Russia relating hereto is contained in the documents adfnui- ]ian,ving the message of the President of tlie United States to Con- gress, December 3, 1838, and in Senate Ex. Doc. No. 1(H!, pp. 223-24(3. • Note of Mr. lUaiue to Sir .lulian Pauucefote, June 30, 1800, Vol. I, p. 224. ■■> Vol. I, p. 91. ^ 60 THE TREATIES OP 1824 AND 1825. r "iiiiii :ili'' lii-'iiiif iii^JxciuinnK^K '" '''*^ communication of July 18, 1822, to tlie l^'^mit'ilrras" r'o- '**^^''*^ ^^ administration wrote, in view of a pro- fi'ilMtiy. "' ""^ *""i)(>8e(l modification of the ukase, as follows: "At the same time I am authorized to assure you that every effort will be made to secure the adop- tion of such rules as will effectually protect tlu; Russian American Company from inroads on the part of foreigners upon their vested privileges, in strict conformity not only with the privileges granted by highest act, but also with the edict of September 4, 1821."i Under date of April 11, 1824, Count Nessel- rode. Chancellor of the Empire, wrote to N. S. Mordvinof, of the board of administration, in part as follows: "It is hardly necessary for mo to repeat that in all these negotiations with England we have recognized, and always will recognize, the paramount importance of the mterests of the Russian American Company in this matter."^ Under date of August 18, 1824, Count Nessel- rode, in communicating the report of the com- mittee, already noticed, to the Minister of Finance, wrote: "I flatter myself with the thought that these documents will convince you, most gra- cious sir, as well as the board of administration of ' Vi)l. I, p. 63. •Vol. I, p. 65. liiiiiiiililli! ^^f 1822, to the iew of a pm- aa follows: to assuro you luro the adop- y protect the iiroads on the ed privileges, the privileges nth the edict yoiint Nessel- rrote to N. S. inistration, in 388ary for mo )tiatioii8 with i always will ance of tho Company in ount Nessel- of the com- er of Finance, thought that 11, most gra- ninistration of PERIOD FROM 1S25 TO 1807. the Hussion American Company, that it is His Majesty's firm determination to protect the Com- pany's interests in the catch and preservation of ^11 marine animals, and to secure to it all the advantages to which it is entitled under tho charter and privileges."' PERIOD BETWEEN THE TREATIES AND THE CES- SION OF ALASKA TO THE UNITED STATES IN 1867. In addition to the foregoing, there is found """"'"."""♦'"""'J '^ "^' to (ixuri'ise ('(introl positive confii-mation that by the treaties of 1824"^"' "•"'"« ''^'^^"• and 1825 Russia did not surrender her claim to exclusive control of trade, and especially of tho fur industry, in Bering Sea, in the fact that the same control over the waters of that sea was enforced after the date of those treaties as before. The second charter of the Russian American Thir Vol. I, p. 28. The charter was not actually issued until Oct. 14, 1844. T^— P 62 PERIOD FROM 1825 T* 186r. ,,ii3li.;;:,;;;,;viiijj|;iiii!tiilitj Hit; «»''''' !!'!Pi!f^l!ii ;!!r(ii!il i i.i; illlli TLiniiiiaiteroflts first sectioii 18 as *r*llows : "Tlie Russian Coiii]iaiiy. Ainericau C(.)ni|)any, estaii)lisne(l for trading on the continent of Nortiiwt^em Anie -la, and on the Aleutian and Kuriles Islands, amd iu ever}- part of the Northeastern Sea, stands under the most hig-h protection of His Imperial Majesty." PTiffh value After this charter was o-ranted, nie Govern- l>liii't'tect the sealinj: interests iiulustiy. ^ of the Company in liering Sea, and (d these the board at St. Petersbm*g- wrote March 31, 1840, to tshe chief manager of the Colonies: " You will bear in mind that we look upon tbe fur-seal catch as the most impontant item of oar < •colonial enterprises, which mu»t be preserrsed at all hazards, even to the temporary neglect f^' other pesHiia-oes. Everything must be done tn irrev^it a ile-M-ease or the extermination of these vaiualde aiiuKiiis."^ Aim March 20, 1853, the Ix-ard, in writiias: to the relief manager of the Colonies, again ised simiuir Umgiiage in a letter more fully referred to i*-ii»w: "The board of adniinistration resjx^tl- HrtR that, in cui»»? the interests of the ly i¥«|iBire a deviation from your plaons, your e5wet't- ests ol" the our pliuas, of tlie iiA(!t centered -tt UHlinsr tht^ PERIOD riiOM 1825 TO 1«67. seal islands of the Priljilo.^" and Commander fjrotips, ami that consec^ufiitly die colonial waters muHt be visited by the Company's cruisers coii- stantly and in every part, >n order to Avatch and warn the f(>reif*"n whalers.'" The coimnunicution just cited throws mucli w.ii l|llt'Ill('C lijicht u])on the commercial activity of the Russian mmU |.ii American Company, and may be acce])ted as indicative of the methods by which, duriii<^- the last term of its charter, it enforced its control "in the colonial waters" of its interests "centered at the ])l•^'^ent time in the district surrounding- the heal islands of the Pribilof group." It appears timt during those years the Company gave em- ])l()yment to eight ships in the summer, and in the winter to seven, without coiniting its whale ships, Lieferring to the duties of one of its officials, who was to inspect certain of its stations, it is said : "This agent must observe and keep a record of all foreign ships seen during the voyage, and of the position of the same when observed, for the information of commanders of our armed cruisers and of tiie colonial authorities in Sitka, Kam- chatka, and Ayan." In the same letter is contained the following protective scheme, Avliich had been adoi)ted by ' Vol. I, p. 72,71. G3 (' r s I ro- I li y lur- Inil'ltil l).v iiniii'il ( Tiiistis. '^mji 64 PERIOD FROM 1825 TO 1867. Wiitors frR-|]j,, Coiripanv, and wliicli was to he carried out (HU'lltcil liy t II 1'- 1 ^ ' mdcmiH^vL^'^ ^y ^ts vessels duriu^ the smnnier of 1854: *' 2. One of the larg-er vessels should leave the port of New Archanjrj'cl (Sitka) for Ayan not later than the 15th of May, to arrive at the latter port at the end of June. This ship, which must be armed, Avill carry passenjjfers, stores, and sup- plies for our Asiatic stations. On the outward voyage, the course of this vessel should be laid to the northward of the chain of the xVleutian Islands, in order to meet forcin^n shi])s entering- Beriujj!' Sea and to warn them ag-ainst cruising' in pursuit of whales in the vicinity of the seal islands of the Pribilof and Commander groups. . . . "3. A second smnll vessel, the swiftest of the fleet, probably the Motshikof, with a naval crew and commanded by a naval officer, must sail from Sitka at the end of April for the sole purpose of watching the foreign whale ships in the southern part of liering Sea and along the chain of the Ale- utian Islands On this vessel sui)plies may be for- warded to Copper and Bering Islands and per- haps to Attn and Atka. . . . This vessel must be kept cruising constantly over the waters mentioned above, and must not enter any <»f the harbors except for the purpose of obtaining Avatei' and wood, on which occasions the stay of the ,.#«« iivried out Sr)4: I leave tlie 111 not later latter port li must be , and sup- e outward dd be laid e Aleutian )s enterin}^'' cruisin<2; in seal islands s. . . . ftest of the naval erevv Lst sail from purpose of le southern of the xVle- raay be for- s and per- 'his vessel the waters any of the nin<^ water stay of the PERIOD FROM 1825 TO 1867. 65 II r- m f vessel nuist be limited to the briefest pos'^ible^^^i^^;,'^*,'"',^*'^. '"j.J'j period. Each of the {ibove-meiitioiied ishuuls'^'';',';^,,/'^'^\'j"^^ nnist be visited by this cruiser at least twice dur- inir the season. . . . The conclusion of this cruisinji' voyajj^e de])ends u})on the time at which the toveij^ii whale ships leave Berhig- Sea, whicli is proljably at the end of August or the begiii- iiing of Se})tend>er. . . "5. The second large vesscd must be employed to sui)ply the islands of the Unalaska district, the l*ri))ilof Islands, and St. Michael's redoubt, and also to carry on intercourse with the coast tril^es <»f Iki'ng Sea on the Asiatic as well as on the American coasts. . . . During the whole time of the presence of this ship in the northcti! ]"!art of Bering Sea and the viciii'ty t»f the Pi ibilof Islands, the commander must be chai'ged with the duty of cruising in search of foreign Avhale ships and of English vessels i'arry- ing on trade with our savages. This ship, also, nmst make no prolonged stay at any anchorage, and must be placed under the command of a naval oflficer, with a crew consisting principally of sailors of the navy. . . . "7. The fourth large vessel of the fleet, whicli may be used for voyages to Kamchatka, must als(» be fitted out as an armed cruiser, and kept in readiness to proceed to any point in Bering 2710 9 '1 Ill; iiiii ill '! ':, ! V '! i .i:;lllii! 66 PERIOD FROM 1825 TO 1867. is-'-,: Waters fre- ggr,^ qj. jj^ gH^Qj.Jj^j^ ^yr^|^^^,.^ f^.^^^^ wlll'ch tllG prCS- aimed crui'sei!^^^ ''"^ ^^^^^ ^^^ foreig-ii slups lua)^ be reported by the smaller vessels in the course of the season. . . . "In transmittmg to your excellency the above outlined plan for the employment of the coloni;il fleet, the board of administration respectfulh- requests that, in case the JTiterests of the CompanA- require a deviation from our plans, your excel- lency will never lose sight of the fact that the interests of the Company are centered at the present time in the district surrounding- the seal islands of the Pribilof and Commander groups, and that consequently the colonial waters must be visited by the Company's cruisers constantly and in every part, in order to v.atch and warn the foreign whalers. B'or this purpose detailed instructions have been formulated for our cruisers, as well as for the commanders of the whale shi[)s of the Company, which are obliged to serve in the capacity of cruisers when engaged in whaling in Bering Sea. In all cases, the command of a vessel under orders to cruise in colonial waters must be given to naval officers, who will vhereby find an oj)portunity to make themselves ac- quainted with the routine of colonial trans- actions, while at the same time their rank will give authority to our proceedings."^ ' Vol. 1, p. 72. !i : I, M:: i:l!!l;i:,.'ri!''-';''l ;li the pres- itetl by tlio son. . . . ;y the above the coloiiiiil respectfully lie Company j'^our excel- fact that the ered at the ling- the seal ider groii[)s, waters must •8 constantly h and warn ose detailed our cruisers, whale ships to serve in d in whaling >mmand of a onial waters will vhcrel)y mselv(3s ae- onial trans- ir rank will PERIOD PROM 1825 TO 1867. 6T ■m. '1 ■i* Under date of June 20, 1861, the chief man- Fnrtiipr instnic- tions au to cruis- acer of the Colonies wrote to Benzeman, of the »"« Imperial navy, commanding- the steamer Alex- mulcr the Second, in part, as follows : "It has come to my knowledg^e that in the present year two wlialing- vessels have sailed from San Fran- cisco for the purpose of trading- on the Pribilof Islands or of hunting- in their vicinity. Conse- (juently I would su^g-est that during- your pres- ence in those waters you will exercise the duties of an armed cruiser, to prevent any unlawful acts on the part not only of these vessels, but of any others which you may find in Bering- Sea."^ Lastly, there was issued from Sitka in the year Proclamation of •^ , _ , "^ lH6t KB t(. tratlc iu 1864 the following in-oclamation : "It is hereby Russian territory , . ."U'l waters. proclaimed to all whom it may concern, that if any person or persons after reading these pres- ents does not immediately abandon Russian ter- ritory or waters, or if they continue forbidden trade or traffic, they shall be seized immediately upon the arrival of the first Russian vessel upon the scene of their illeg-al transactions and taken for trial to New Archangel (Sitka); and all goods, as well as the vessel found in possession of such persons, shall be confiscated."^ ' Vol. I, p. 74. « Vol. I, p. 80. 68 PERIOD FROM 1825 TO 1867. ^:h:;:| wi.aiitig com- Ij^ 1350 there had been granted to the Russo- piniy jiniliibited " t!rs\n'm?.!i"uMiTy Fiuiiish Whaling" Company a charter which con- f..r-8cais. ^^j^^g^^ ^j^g following provision : "Tlie ships of tho Whaling Company entering the ports of the Rus- sian American Company are subject to harbor regulations established for the guidance of all shipping, but they must not anchor or cruise in waters where the presence of ships or the pursuit of whales may alarm any marine animals or intei- fere with the regulations of the Company for their protection and increase."^ While the foregoing only purports to be a municipal regulation, yet it is useful as furnish- ing another illujitration of the constant })rotectioH which the Russian Government extended to its seal herds. The third charter of the Russian American Company expired in 18G2,but tho Company nev- ertheless continued to operate under it pendinj;' the decision of the question of its renewal for another term. With regard to tho latter it was at first, in 18fi5, decided to extend the Company's privileges only to the region about Boring Sea;'- but the following year it was determined byilie Council of State, in an opinion which will be ' Sec. II, § 9. The full text ol' the charter will be foiiud in Tikhiiieiiiof, vol. II, apj). p. 1 <'t neq. "Letter I'roiii the Department <>(' Coiiimerce aii ts of the Rus- set to harl)()r i (hi nee of nil c or cruise in :tr the pursuit nials or iiiter- pany for their orts to be a, ul as furuish- int })rote('tioii tteiided to its ian American onipaiiy uev- )r it pendiuo' renewal for latter it was e Conipan}''s liering- Sea;'-' niiied by ihe Inch will be svill bo found in lA Manufficturi's ' tlie Mixister ol fM found in the Appendix/ that "the exclusive rijTht^/j^J^"'^''romi862 of the Company to eng-ag-e inthe fur trade throuo^h- out the entire colonial territory shall be contin- ued." No new charter, however, was granted, for the year following witnessed the transfer of the territory of Alaska to the United States. From the foregoing historical review it appears: ConciiiHiona fniiii t'orcgoiiig re- Fii-st. That prior and up to the date of the view, treaties of 1824 and 1825, Russia did assert and exercise exclusive rights of connnerce, Ininting, and fishing on the shores and in all the waters of Bering Sea. Second. That the body of water known as Bei-ing Sea was not included in the phrase " Pacific Ocean," as used in the treaty of 182.5. Third. That after said treaty of 1825 the Rus- sian Government contiiuied to exercise exclusive jurisdiction over the whole of Bering Sea up to the time of the cession of Alaska to the United States, in so far as was necessary to preserve to the Russian American Company the monopoly of the fur-seal industry, and to proliibit the taking on the land or in the water by any other persons Of companies of the fur-seals resorting to the Pribilof Islands. Fourth. That before and after the treaty of 1825, and up to the date of the cession of Alaska » Vol. I, i>. 79. "■'■ •• ' i ,1, !l M 1 made. iri'll 70 CKSSION OF ALASKA to the lTiiitoe8 not appoiir ver protostcd Di-oliibition. ED STATES BY •nments of tlio •rtted a tioaty, Russia on tliu iters of Beriii^i' to the United to its final ('»»h- . the Senate «if ss, was an as- at Russia hiul of Bering Sen, tion of it to the m no objectic»ii hes the boun- takes for the (leniareatitui 8ccouns,^.^^:;;;;;,j''^^i^';|;^^''» in North America, as that hue was estab- hslied by the Jiritisli-Russian treaty of iH'if).^ On the west the line of (h-nunvation is stated as f()lh)ws: "The western limit, witliin wliich tlie territories and dominion conveyed are con- tained, passes tliroug-h a point in Behring's Straits on the parallel of sixty-live degrees thirty miiuites nortli latitude, at its intersec- tion by the meridian which passes midway l)etween the island of Krusenstern, or Igna- htok, and the island of Ratmanotf or Noonar- book, iuid proceeds due north, without limita- tion, into the same Frozen Ocean. The same western limit, beginning at the same hiitial point, proceeds thence in a course nearly southwest, tlu'ougl) Behring's Straits and Behring's Sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Choukotski, to the meridian of one lumdred and seventy-two west longitude; thence, from the intersection of that meridian, in a south- westerly direction, so as to })ass midway between the Island of Attn and the Copper Island of tlie Komandorski cou})let or group in the North Pacific Ocean, to the meridian of one hundred and ninety-three degrees west lougitude, so as to ""vol. I, p 39! •I I ■' 1 . 72 CESSION OF ALASKA I!' : ^'iiil'!sii ''i Hfii lllj Vii' ll lltll l,lil includo ill tlie territory conveyed the wliole of tlie Aleiitijiii Islands east of that ineridiaii." CcsHion nil in- Article VI contains the following'' stipulation: ouuibuicd. . . "The cession of the territory and doininitin herein made is hereby declared to be free and unincnnibered by any reservati^)ns, privileges, franchises, grants, or possessions by any asso- ciated conn)anies, whether corporate or incorpo- rate, Russian, or any. other, or by any parties, excei)t merely private individual proi)erty hoM- ers; and the cession hereby made conveys all the rights, franchises, and privileg-es now beloiiji- ing' to Russia in the said territory or dominion, and appurtenances thereto." Rnssin's rifihts The couclusioii is iiTcsistible from a mere ovorsfjilcrics |(iis8- ed to Luited«iii tea reading of tliis instrument that all the rights of Russia as to jurisdiction and as to the sealeries in Bering Sea east of the water boundary fixed by the treaty of March 30, 18G7, passed unim- paired to the United States under that treaty. In fact, the British Government has announced its readiness to accept this conclusion without disi)ute.^ Roviow of juris- The jurisdiction which Russia exercised over diction oxtMciscd ,, . ^ /• • i i i i.y K'lissiii iUKi ii(!i nermg bea tor a century prior and up to the dale of the transfer of a portion of its coasts and waters to the United States has been so fully set forth that > Lord Salisbury to Mr. Blaine, Feb. 21, 1891, Vol. I, p. 294. motives therofbr. 'il' -J V TO THE UNITED STATES. 78 lie whole of iditui." stipulHtioii : d doniinitm be tree ainl , privileges, y any asso- ) or incorpo- auy parties, i)})erty lioM- coiiveys iill now belon^- )r dominion, rom a mero the rij^hts (if the sealeries nidary fixed )as8eduniiH- tliat treaty. announced ion without ercised ovcu' ) to the date 5 and waters et forth that m. 1, 1)72947 no fiiriher iiiMidKicjition seems neeessary. The ,.'\*."^''"^"'"l".'''"': (•(»iitrolliii}^' motive which inspired the exercise of|j>',^M^,'^^^''*'jj'^|^^^^^^^^^ tliis jurisdiction is alsoapparent from the foreg-oinfr liistorical revitnv. It has l)een sliown lierein that the Ivussiau American Company possessed a mo- nopoly of the conunerce of Russian territory in America, and administered its ])ohtical att'airs un(K'r the direction of the Imperial Government. It lias also been seen that the great source of wealth of the Russian American Company was tlu^ fur-seals of the Pribilof Islands in liering Sea, and that so jealously was this source of wealth guarded by the orders and authority of the Imperial Government that foreign vessels were prohibited from hunting seals in any part of Hering Sea, or in the passes of the Aleutian Islands; and that f ill i'::;;y?fe' - It : fi'lil; i* f 1 1'l • •■.! ! t 'i' ill I l:-::Hii l!!1:| ii'"'' " 1 If'L ', 1 1 1 1 i ■1;""' ', ' i| 74 CESSION OF ALASKA viiine of fnTsp,.||jiiQf Jglands, Oil accoiint of the ereat wealth token pnur to ccs- ' ^ *'""* derived from their annual harvest of furs, speaks of them as the "golden islands."* The tables which will be found in the Appendix ' set forth the vast quantities of fur skins which were ex- ported from the Colonies during the period of the Russian occupancy and how greatly they ex- ceeded all other sources of revenue of the Russian American Company. Their vnine w«?ii Their value was well known to the American kiiown to Ani«ri- . nnm i i .i • can iK'gotintors, negotiators 01 the treaty ot 1867, and while it and th« chief in- t . i i ■,,,■, dnrrnunt for pur- must bo admitted that political considerations chatie of Alaska. entered into the negotiations to a certain extent, yet so far as revenue to the Government and immediate profit to its people were concerned, it will appear from a careful study of the incidents attending the transfer of sovereignty that it was the fur industry more than all other considera- tions which decided the United States to pay the sum of seven million two hundred thousand dol- lars required by Russia for the cession and transfer of her sovereign rights and property. ' Veniaininof, vol. I, p. 277: "Those islands might be called golden on account of the high value of fur-seal and soa-ottcr skiuH shipped from there from their discovery up to the present time and of their proniiHe for the future. ■ * ■ What an im- mense capital is represented by all the skins obtained from these , islands, and what sums they will bring in the future, even with the present limited scope of the industry. There are not many sach places in the world affording such wealth in so small a space and in return for so little exertion on the part of man." *Vol. I, p. 125e(«eg. TO THE UXITED STATES. 76 In the Fiftieth Congress a committee of the ^^r^j;^«' ^^_ House of Representatives made a long and JJti''?^,"';';",,"^ thorough investigation into all the facts attend- mlde'^^uwdtlTim'^*' ing the fur-seal industry and other interests of '*''° ""i""* • Ahiska, including the history of its purchase from Russia. In its report, as one of the results of its lengthy examination, the committee made the following statement: " By referring to the de- bate (in Congress) on the purchase of Alaska, and the contemporaneous discussion of the sub- ject by the periodicals and newspapers of this country, it will be noticed that the acquisition of the products of Bering Sea, its fur-bearing ani- mals and fisheries were regarded as an important if not the chief consideration for the purchase."* The committee then quoted the declaration of Hon. Charles Sumner, chairman of the Committee on Foreign Relations of the Senate, hi the speech which he delivered in advocacy of the approval of the treaty of 1867, as follows: "The seal, am])hibiou8, polygamous, and intelligent as the beaver, has always supplied the largest multi- tude of furs of the Russian Company."* The congressional committee, after making various quotations from official and other sources. llouMe Ex. Doc. No. 3883, Fiftieth Coogroos, twi-uiid M^wiion, p. xvii ^Ibid. The sjieoch will lio found in Huuae Ex. Doo. No. 177, Fortieth Congrvas, hccouiI siKsitm, p. \'2i. ■IS'I'II! mm^:4 ■fe^ " ■? 'PUia'l'i.' ■ r »3!t"f' ■ ,1 n , ■■;' ;,''tf "1|! ■'ill 1iJ-'', :.|!',Ml Jil'i''!-'' i,w?'''*'!i m I 1 1:1 (»'l-l iffiJi;.-: :'^'H iiJ ■ill k' ' I?" IP- ' Te CESSION OF ALASKA Report of con- f^i^her states: "It seems to the committee to gresHioiiHl c o III - t\v"rfo "purchase ''*^® ^®®*^ taken for granted that by the purchase "mi'So.u:r,vcOf Alaska the United States would acquire ex- con ac«iuire . ^lusive Ownership of and jurisdiction over Bering Sea, including its products, — the fur-seal, sea- otter, walrus, whale, codfish, salmon, and other fisheries; for it is on account of these valuable products that the appropriation of the purchase money was urged. "The extracts above quoted in reference to these products are emphasized by the fact that the fur-seal fisheries alone have already yielded to the Government a revenue greater than the entire cost of the territory. "It seems clear to the committee that if the waters of Bering Sea were the 'high seas* these products were as free to our fishermen and seal- hunters as the Russians, and there was, therefore, no reason on that account for the purchase. But it was well understood that Russia controlled these waters; that her ships of war patrolled them, and seized and confiscated foreign vessels which violated the regulations she had prescribed con- ceniing them; and the argument in favor of the purchase was that by the transfer of the main- laud, islands, and waters of Alaska we would TO THE UNITED STATES. 77 acquire these valuable products and the right to protect them." * The committee, in the report quoted, in proof Kevenne j-froiv. of the great value of the fur-seal industry »*"*«? I"'™ '">"■ " J aval iiKliiHtry ac- acciuired from Russia, cited the fact that it had^^""*"* "•""' ^*•"•- already yielded to the Government a revenue greater than the entire cost of the territory. The tables in the Appendix^ show that there has been received by the United States Treasury directly from the lessees of the Pribilof Islands from 1870 to 1891, the sum $6,226,239; and that there has been received from import duty on the same skins after having been di'essed and dyed in London approximately the further sum of Sr),000,000; so that the total receipts of the United States Treasury from the Pribilof fur-seal skins have amounted to about $ 1 1 ,000,000. The tables appended^ also establish the fact that fur- seal skins constitute more than half of the total value of all products obtained from Alaska from the time of the purchase in 1867 down to 1890. It thus appears that the high estimate of the fur- seals which was made at the time of the cession and purchase from Russia was not unfounded. ■ HouHe Ex. Doc. No. 3883, Fiftieth Couj^resB, second sessiou, p. six. ' Vol. I, p. 130. * "Nott'soii the Furludustry, etc.," last paragraph. Vol. I, p. 125. ■ffll'iai;; ■ ., '' ,,, '!| R 78 Mlllll KipflitH nrqnireil from KiiMHia illns- ti'ulol by i-iiUbh qiinit iK'titiii of Uiiitud 8lut«ii. Arfion of Coii' gre88. PERIOD SINCE THE TESSION. ACTION OF THE UNITED STATES RELATIVE TO ALASKA SINCE THE CESSION. Further Hj^^Iit is thrown upon the understand- ^jing- hay Russia in the treaty of 18G7, by an examination of the legislation of Congress enacted immedi- ately after the transfer of this teiTitory, of the acts of the Executive in carrying out this legis- lation, and of the decisions of the United States courts in regard to both. By section 1 of the act of July 27, 1808, Con- gress provided "that the laws of the United States relating to customs, commerce, and navi- gation be, and the same are hereby, extended to and over all the mainland, islands, and waters of the territory ceded to the United States by the Emperor of Russia by treaty concluded at Wash- ington on the thirtieth day of March, anno Domini eighteen hundred and sixty-seven, so far as the same may be applicable thereto." Section 6 of the same act provided: " That it shall be unlawful for any person or persons to kill any otter, mink, marten, sable, or fur-seal, t)r -«,,, PERIOD SINCE THE CESSION. 79 other fur-bearinir animal, within the limits of said Artitm of Con- teiTitory, or in the waters thereof. . . ."* That the waters above referred to were those of the eastern half of Bering Sea not only appears from the language of the treaty itself, but also from Mr. Sumner's definition of this language publicly given in the Senate of the United States. In the speech already cited, in describing the lino of demarcation drawn in the treaty through Bering Sea, he refers to it as making the western boundary of our country the dividing line which separates Asia from America; and he speaks of the waters contained within this boundary as " our part of leering Sea."^ I The abovo .s«'ctioii8 liave bcni nsspoctivcly incorporated into thu Uevi8n;?ress to [)reveiit tlif Ills in Alaska,"- ) the fur-seals ika" in the two recoji^nized the >f the territory referred to arc Ired miles from United Stat( s forej^oiug eoii- ly held that the protect their portion of Ber- iteni bouudar}- Treasury De- a letter written customs at San tern bouudar}-, ~) V-) it is said: "All the waters within that boundary to A«tion of the Kxcculive. the w«'steni en«l of the Aleutian Ar('hipela<>-o and chain «>f islands are considered within the waters of Alaska Territory. All the penalties javscribod bv law against the killing of fur-bearing animals w«)uld, therefore, attach against any violation of law within the limits before described." This decision was confirnu'd by the Treasury Department April 4, 1881, and again on March 6, 1886. On this last occasion the Secretary of the Treasury wrote as follows : "The attention of your predecessor in office was called to this subject on April 4, 1881. This communication is addressed to you, inasmuch as it is understood that certain parties at your port contemplate the fitting out of expeditions to kill fur-seals in these waters. You are requested to give due publicity to such letters, in order that such parties may be in- formed of the construction placed by this Depart- ment upon the provision of law referred to."^ Since the year 18G7 the Treasury Dei)artment Ucv.-nnoi niftns m'lit to l!t-i'iii;{ Sen has, every year, with a single exception, sent one |:'.i»r«'teit imstai or more revenue cutters to Bering Sea for the pui'pose of guarding the interests of the United States centered there,^ inchuling the protection I Vol. I, p 103. •Letter of the Sceretiiry of tlio 'fieasiir.v to the .Sucrt'tary of !^tat<', .luly 15, 1892, Vol. 1, p. 110. 21Hj 11 m '1 82 PERIOD HINCE THE CESKION. 411 §1 1^1 1^' M f Ml I 1 ■4,.'. u.,;. IIS':-^' rl! VcMeis anizedin of fur-seals, asfaiiist infractioiiH of the law relatiii<' 1886 and 1887. i . to them; and that this law was not rej^anled jis a dead letter is attested bv the fact that in 18H(i, prior to which time vessels had not entered H( r- ing Sea in any numbers for the purpose of pelajfic sealing, there were seized in those waters four vessels, three of them British, while in the fol- lowing year there were seized fifteen vessels, ot which six were British; the foregoing vessels, with a single exception, being found at a distance greater than three miles from any land.^ In 1888 unofficial assurances were given to the British Government that no seizures would be made; for at that time negotiations were beiiifjf carried on looking to an amicable adjustment of the points at issue with regard to Bering Sea.- Congress ratifies By act of March 3, 1889,^ Congi'ess in effect ratified the interjiretation heretofore made by tlie Executive aw to the boundary of the United States in Bering Sea, as well as the seizures ot vessels made under its orders in the years IHSfJ and 1887. This is apparent both from the language of the act and from the debates which preceded its enactment. Its third section is as follows: "That section 1956 of the Revi.scd ' Tabl« of vessels seized in Bering Sea, Vol. I, p 108. • Mr. Edwariles to Mr. Bluiue, Vol. I, p. 199. •Vol. I, p. 99. :ii lion of Execu- tive. PERIOD SINCE THE f'K88I0N. 83 Stjitntos of the United States m hereby dechired to iii(iiid«^ and apply to all the dominions of the I'liitcd States in the waters of Behring Sea, and it shall be the duty of the President at a timely iu,„'tttion."'*'™* s« jison in each year to issue his proclamation and cause the same to be published, for one month at least, in one newspaper (if any such there bo) jtubiisiied at each Unit '1 States port of entry on the Pacific coast, warning all persons against entering such waters for the purpose of violating the provisions of said section, and he shall also caus(3 one or more vessels of the United States to diligently ciiiise said waters, and arrest all persons and seize all vessels found to be or to liave been engaged in any violation of the laws (»f the United States therein." Annually since the enactment of this law the VeaseU seized lo 1889. 1 'resident of the United States has issued his proc- liiination accordingly,' and in the year 1889 the revenue cutters again seized vessels disregarding its [)ro visions, captming in all six, five of which were British.^ ♦ In the month of June, 1891, the United States Tiie Modut n- veniH, and Great Britain agreed upon the Modus Vivendiy^ under the terms of which both Governments inidertook to protect seal life in the waters of ' Vol. I, p, 112. -' Talilf of v»'HHel« K«i/ed iu Beriug St-u, Vol. I, p. 108. » Vol. I, p. 317. 84 % 'jftiii ■> % : I!'i 'H .j ■ ■ li. mi ! "i mi' ' ■ .j . 1 ' 1 X '.',:,:;■' ^ 'il! Ai'lioniirrnitt'd Htutt'H courts. Summary. PERIOD aiNCK THK SKSSION. lierin^- Son, and in May, 1S92, this Moilus was ronowwl tor the season of 1S92.' Ijastl y, the United States courts, whenever tlic ({uestion has come up before them, liave refus«'(l to interfere with the executive branch of tlu^ Government in its interi)retation of the treaty of 18fi7 and of the hiws of Conjp'oss enacted on the basis of what the United States acquintl by this treaty. Tlie question as to tlie legahty of the seizures of British vessels made bytlio United States revenue cutters in the year 1HS7 within the eastern portion of Herinj; Sea and at a distance greater than three miles from any land came up for decision before Judge Dawson, of the United States court for the district of Alaska. The opinicm, which was filed Octolxr 11, 1887, is given hi full in the Appendix.'^ It will be seen by reference to it that the court held that the United States Government has au- thority to protect seal life throughout the eastern part of Bering Sea, included within what is termcil the western boundary line in the treaty of 18<)7. Other decisions to the same effect will be found in the Appendix." The foregoing references are maii: PERIOD SINCE THE CESSION. 85 this Modus was liable ill order to show: first, tlie iinderstaiuliiig which existed in N"n>'"<»ry. the United States, at the time of the purchase and cession of Alaska, as to the scope and effect o( tlie jurisdiction exercised by Russia over the waters of Bering Sea, and the enhanced value which was thereby placed upon the fur-seal herd of the Pribilof Islands; and second, that the United States have since the purchase continued to exercise the same jurisdiction for the purpose of protectiu;r the herd. But in The United '^ * ' ' Stiitt'H ilo not rt'Ht detennining what right of protetfion or propert}' VutiMr"" mn "m u this Government has in th*^ iur-seals frequent- I'l'l'^y^'ij"^"'" "'''"■ ing the islands of the Uni...J States ir Bering Sea when such seals are found outsid } of the ordinary three-mile limit, it is not compelled, neither does it intend, to rest its case altogether upon the juris- diction over Bering Sea established or exercised by Russia prior and up to the time of the cession of Alaska. It asserts that, quite independ- ently of this jurisdiction, it has a right of pro- tection and property in the fur-seals frequenting the Pribilof Islands when found outside the ordi- nary three-mile limit, and it bases this right upon the established principles of the common and the civil law, upon the practice of nations, upon the laws of natural history, and upon the common interests of mankind . m fi' » 86 PERIOD SINCE THE CESSION. In order that this claim of right of protection and property may be clearly presented, it will be necessary to enter in some detail upon an exami- nation of fur-seal life at the Pribilof Islands and elsewhere and of the various interests associated with it PART SECOND. RELATING TO THE HABITS, PRESERVA- TION, AND VALUE OF THE ALASKAN SEAL HERD, AND TO THE PROPERTY OF THE UNITED STATES THEREIN. m m Iff lii: '■'■s'":'i ;Wr''•«■ tH ^VjP '11 i'h: ' " ill li'll.i PART SECOND. RELATING TO THE HABITS, PRESERVA- TION, AND VALUE OF THE ALASKAN SEAL HERD, AND TO THE PROPERTY OF THE UNITED STATES THEREIN. HABITS OF THE ALASKAN SEAL. THE PEIBILOF ISLANDS. The Pribilof Islands are the home of the Alas- kan fur-seal (Callorliinus ursinus). They are peculiarly adapted by reason of their isolation and climate for seal life, and because of this peculiar adaptability were undoubtedly chosen by the seals for their habitation.^ The climatic conditions are especially favorable. The seal, while on land, needs a cool, moist, and cloudy climate, sunshine and warmth producing a very injurious effect upon the animals.^ These requi- site phenomena are found at the Pribilof Islands and nowhere else in Bering Sea or the North Note. — Names found in citations refer to depositions of same found in the Appendix. ' Charles Bryant, Vol. II, p. 4; Samuel Falconer, Vol. II, p. 164; T. F. Morgan, Vol. II, p. 61 ; C. M. Scammon, Vol. II, p. 475; Dai.- iel Webster, Vol. II, p. 180; J. C. Redpath, Vol. II, p. 148. « Samuel Falconer, Vol. II, p. 164. 2716 12 89 90 HABITS OF THE ALASKAN SEAL. I- Climato. Pacific, save at the Commander (Komandorski) Islands.^ From May to November, inclusive (the peri( id when the majority of the seals are on land), tlio mean temperature is between 41° and 42° F.;- during August, the warmest month, the mean is 47.2° F.;' during the warm months of June, July, and August the highest temperature reached w:is 62°, which occurred but once in eight years,* and the lowest was 28°, which was reached but oud- during the same period.* This constancy of tem- perature is further supplemented by the absence of sunshine and the almost continual presence of fogs, mists, or light rains.' During eight years the mean percentage of cloudiness on the islands for the months of June, July, and August was 92;' while during that period of eight years, con- sisting of seven hundred and thirtv-six days, but eight clear days occurred and du" ng the months of August not one.* The same peculiarity (tf climatic condition has also been obsei*ved at tlie > Charles Bryant, Vol. II, p. 4. « Samuel Falconer, Vol. II, p. 164; T. F. Morgan, Vol. II, p. (51; Weather Bureau Tables, Vol. I, p. 591. » Weather Bureau Tables, Vol. I, p. 591. * Weather Bureau Tables, Vol. I, p. 592. » Charles Bryant, Vol. II, p. 4; Samuel Falconer, v' TJ, p. ici; T. F. Morgan, Vol. II, p. 61 ; J. Stanley Brown, Vol. 11, p. 12. • Weather Bureau Tables, Vol. I, p. 593. +:! uAm^. THE PRIBILOF ISLANDS. 91 organ, Vol. II, i>. 61 ; iuitarctic coasts and islands once frequented by ciunate. A ast herds of fur-seals.^ The Ahiskan seals evidently consider the JJ"*"** »*' ^'**' f'"" rrihilof Islands as their home, for while on or about them they are much less timid and fear- ful than when met with in the sea along the American coast.^ Capt. C. N. Cox, master of tlie schooner E. B. Marvin, who was examined by Collector Milne, of the port of Victoria, Briti^ih Columbia, in 1892, says: "They (the seals) seem . , to be right at home there (in the waters adja- cent to the islands) and not traveling about so nmcli"' The two islands, St. Paul and St. George, s^.Pani and St. ' ^ ° 'George. are tlie only ones of the Pribilof group on wliidi breeding seals land. The shores, com- })aratively limited, occupied by the animals are termed "rookeries" and are divided into "breed- in S. N. Buynitsky, Vol. II, p. 21. • J. Stanley Brown, Vol. II, p. 15. • J. Stanley Brown, Vol. II, p. 12 ; Samuel Falconer, Vol. II, p. ICl. « J. Stanley Brown, Vol. II, p. 11. •J. Stanley Brown, Vol. II, p. 13. ii^ THE PRIBILOF ISLANDS. 93 couer, Vol. II, p. 1G4. From the nature of the ground covered by the Oimw of s«ai , . , , life imiiosHililo. breeding seals it is impossible to reach even an approximate estimate of the number of seals on these islands.* The roughness and unevenness of the breeding grounds preclude the possibility of calculating the number in a given area, so as to obtain a rule which can be applied to other rookeries or to other portions of the same rookery in estimating the seal population. The density of seal life varies according to the size and fre- quency of the rock masses and what might be a conect rule for one locality would be entirely incorrect for another. Besides this, the seals are constantly in motion, the females continually going to and coming from the water and new occupants of the breeding grounds are inces- santly arriving.'^ Under these circumstances it is clearly evident that all estimates which attempt to fix the actual number of seals are so unreliable as to be worthy of no consideration for present or future calculations.' On the other hand, any considerable increase Detonni nation or decrease in the seals on the islands can at ",eu"c'oT soX * * ' W. B. Taylor, Vol. II, p. 176; J. »t. Monlton, Vol. II p. 71; B. F. Scribner, Vol. II, p. 89; H. A. 01i.l«leii, Vol. II, p. 110; H. H. Mclntyre, Vol. II, p. 48; H. N. Ulark, Vol. II, p. 159; Daniel Webster, Vol. II, p. 18.1. '\V. B. Taylor, Vol. II, p. 176; H. A. Glidtlen, Vol. II, p. 110; • Daniel Webster, Vol. II, p. 181. 'W. B. Taylor, Vol. II, p. 176; J. H. MoiiUoii, Vol. II, p. 71; B. F. Scribuer, Vol. II, p. 89; II. A. Gliddeu, Vol. il, p. 110. 94 HABITS OF THE ALA8KAN SEAL. illll I)etBrminationonce be recognized by one familiar with the of increase or de- cieuae of seals, rookerfes. The spaces occupied by the breeding seals can be con-ectly measured.* If there has been an increase in the number of seals, the areas formerly occupied will be filled and new gi'ound covered, for the seals crowd together on the breeding grounds as closely as the nature of the ground will permit.^ Therefore, an increase in tlie extent covered by breeding seals is an infallible indication of an increase in the seal herd. THE ALASKAN SEAL HERD. Distinction be- The two great herds of fur seals which frequent tween AlaHkunniMl ^ Riissiau Leriu. flie Bering Sea and North Pacific Ocean and make their homes on the Pribilof Islands and Commander (Koraandorski) Islands, respec- tively, are entirely distinct from each other. The difference between the two herds is so marked that an expert in handling and sorting seal skins can invariably distinguish an Alaskan skin from a Commander skin.* Mr. Walter E. Martin, head of the London firm of C. W. Martin & Co., which has been for many years engaged in di'essing and dyeing seal skins, describes the > W. B. Taylor, Vol. II, p. 177; J. H. Moulton, Vol. II, p. 71; B. P. Scribner, Vol. II, p. 89. « J. H. Moulton, Vol. II, p. 71; Daniel Webster, VoL II, p. 181. »W. E. Martin, Vol. II, p. .569; C. W. Price, Vol. II, p. 521; George Bantle, Vol. II, p. 508; George Rice, Vol. II, p. 573; Alfred Fraser, Vol. II, p. 557. THE ALASKAN SEAL HERD. 95 )1. II, p. 71; B. difference as follows: "The Copper Island («»e^^^J;f5(\^*j«JJ^^^'jJ'j of the Commander Islands) skins show that the ""'"••" '"''•*''• animal is narrower in the neck and at the tail than the Alaska seal, and the fur is shorter, particularly under the flippers, and the hair has a yellower tinge than the hairs of the Alaska seals." ^ In this statement he is borne out by Sueigeroff, a native chief on the Commander Islands and once resident on the Pribilof Islands.^ C. W. Price, for twenty years a dresser and examiner of raw seal skins, describes the difference in the fur as being a little darker in the Commander skin.' Tlie latter skin is not so porous as the Alaskan skin, and is more difficult to unhair.* The dif ference between the two classes of skins has been further recognized by those engaged in the seal- skin industry in their different market value,® the Alaska skins always being neld at from twenty to thirty per cent more tluan the "Coppers" or Commander skins." This difference in value has also been recognized by the Russian Go venunent.' ' W. E. Martin, Vol. II, p. 569. »T. F. Morgan, Vol. II, p. 201. ' C. W. Price, Vol. II, p. 521 ; George Bantle, Vol. II, p. 508. ' John .1. Phelan, Vol. II, p. 520. " C. A. Williams, Vol. II, p. 537; W. E. Martin, Vol. II, p. 569; C. W. Price, Vol. II, p. 521 ; George Hantle, Vol. II, p. 508. « C. A. Williams, Vol. II, p. 537; William C. B. Stamp, Vol. II, p. 575. ' C. A. Williams, Vol. II, p. 537. 96 HABITS OF THE ALASKAN SEAL. W^f M Dors not niingln withliuHHiuiiliei-4l. fl ip|i* imt sr'^, k&x llffi,, ,,;;:,;,: iij'!i«!||ti riioso two herdn of fur-seals do not intermin- gle,* each keeping- to its own side of Bering Sea and the Pacific Ocean, and each following its own course of nn'gration.^ Dr. J. A. Allen, tlu^ well known authority on Pinnij)ed8,* and Curator of the American Museum of Natural History, says: "The Commander Islands herd is evi- dently distinct and separate from the Pribilot' Islands herd. To suppose that the two herds mingle, and that the same animals may at one time be a member of one herd and at another time of the other, is contrary to what is known of the habits of migrating animals in general." ' Capt. Charles J. Hague, who since 1878 has made about twenty voyages along the Aleutian Islands from Unalaska to Attu, mostly in the spring and fall of the year, states that he does not remember ever having seen fur- seals in the water between Four Mountain Islands and Attu ' Report of American Bering Sea Commissioners, jio«(, p. 323; J. Stanley Brown, Vol.11, p. 12; Charles Bryant, Vol. II, p. 4; C. A. Williams, Vol. II p. 537; Gnstave Niebanm, Vol. II, p. 78; Arthur Newman, Vol. 11, p. 210; C. H. Anderson, Vol. II, p. 205. ^ H. H. Mclntyre, Vol. II, p. 42; C. M. Scammon, Vol. II, p. 474; John P. Blair, Vol. II, p. 194. "Article by Dr. Allen, Part III, Vol. I, p. 406; see also Report of American Bering Sea Commissioners, |)o«<, p. 323. * Dr. Allen, at the retpiest of the Dcp.artment of State, has pre- pared a paper im Pinnipetlia, Seal Hunting in the Antarctic Re- gions, the Alaska Seal Herd and Pelagic Sealing, which will he iimndiu V{i«le. live continually in the water if born hi it.* When the pups are from four to six weeks old i'""^d'"S- tlu'V gather togetlier on the breeding grounds into groups called "pods."^ This act is called "podding." The "pods" by degrees work their WAV down to the water's edge and tlie pups begin to make use of their flippers.' Prior to tliis tin\o till' tlippers have been used entirely for locomo- tion on land. The iiun's maimer of locomotion has been. i'"''on-.o'.ion on ' * laud. variously described as being similar to that of the pup of a Newfoundland dog* or of a young kitten.' The difference between the modes of loooniotion of the ])up and of the older seals is wt'll stated by Mr. J. H. Moulton. He says "tliat it (the pup) uses its hind flippers as feet, running on them in much the same manner as otiier land animals, while a seal that has learned to swim drags his liind flippers, using his front flippers to pull himself along!' ' ISritish Blue Book, IT. S. No. 3 (1892), C-6635,p. 184. •' IxV'port of Aiuericau Bering Sea ComniiMBioners, pout, p. 327; .1. Stanhy Brown, Vol. II, p. 16; H. H. Mclntyre, Vol. II, p. 41; I h.irl.s Bryant, Vol. II, p. 5; H. W. Mclntyre, Vol. II, p. 136; J. C. Hi'dpatli, Vol. II, p. 148. ' .1. Stanley Brown, Vol. II, p. 16; H. H. Mclntyre, Vol. II, p. 11; L'liarles Bryant, Vol. II, p. 5. < .I.Stanley Brown, Vol. II, p. 15. ' Sannu'l Falconer, Vol. II, p 164. •■ Vol. II, p. 72. 2716 U IfTT 106 HABITS OF THE ALASKAN SEAL. Learning to There are two metliods by which a pun learns awim. to swim. One is by a **j)0(l" of pups frettiuij near the edge of tlie water and finally, after repeated efforts, acquiring the use of their flippers.' Andrew Laing, already mentioned tis one of the seal hunters lately examined by Collector Milne, of the port of Victoria, British Columbia, says: "They (the pups) will never take to the water freely themselves for from six weeks to two months."^ The other method is by the mother seal taking the pup in her mouth and carrying it into the water, where, aft<'r several trials, it becomes able to sustain itself, ' Dnparturo from After learning to swim the pup si)ends its time islaiuls. *' III on land and in the water, but the greater portion is passed on land,* until its final departure, which takes place generally about the middle of Novem- ber,® but the time depends a great deal upon tlie weather.® Doppndenco Durfug the entire time the pups remain upon upon its mother. , . , , , i , i , , . the islands they are dependent solely upon then- iH. H. Mrlntyre, VoL II, p. 41; J. Stanley Brown, Vol. II, p. Ki; T. F. Morgan, Vol. II, p. 62. 'British Blue Book, V. S. No. 3 (1892), C-663.5, p. 184. sSamnel Falconer, Vol.11, pp. 164-ia5 ; Charles Bryant, Vol.11, j..."). ^CharlcH Bryant, Vol. II, p. 5; H. H. Mclntyrc, Vol. 11, p. K; T. F. Morgan, Vol. II, p. 62; Anton Melovedotf. Vol. II, p. 114; Daniel Webster, Vol. II, v. 180. "H. H. Melntyre, Vol. II. p. 41; Charles Bryant, Vol. II, p. l; Aggie Knshiii, Vol. II, p. 130; C. L. Fowler, Vol. 11, p. 2.5. «H. H. Mclntyre, Vol. II, p. 41; Charles Bryant, Vol. II, \k 5; Anton Mclovedoft', Vol. II, pp. 144-145; John Fratis, \'ol. II, p. 108 THE BULLS. 107 I a pnp learns pups j^ettiiiLT finally, after use of tlu'ir mentioned as examined by ctoria, British ps) will never 3s for from six lier method is p in her mouth •, where, after ustain itself.^ spends its time lely upon their [bvowiIjVoI. II, p. iij; I ■■-I P635, p. m. I (.s Bryant, Vol. II, !.:>. | ^ntyro, Vol. II, l». t'l 1 Uoff. Vol.11, p. Ill; I lliryant, Vol. II, !•■ ^; ;f Vol. n, p. 2i'>- iBiyaut, Vol. II, p. •'): iFiiitis, Vol.11, p. 1"« motliers for sustenance.^ Prof. Dall says that the ^ <'.i' •" " '' ' ' •' •^ UpoU Its IlKil.; 1. "j)nps require the nourishment of theirmothers for at least three to four montlis after birth, and would perish if deprived of the same."' Others fix the j)eri()d of weaning at at least four months." Others sa\ tliat the female seal suckles her young- as long its it remains on the islands.* All agree that with- out tliis nourishment the i)up would starve to (U'ath, and Dr. Hereford gives an account of eu- (leavoring to raise a motherless pup by hand, which resulted in its death.' In spite of the fact of its complete dependence vitality, upon its mother, a pup qiva exist several days with- out food,® and demonstrates the wonderful vitality of the species. THE BULLS. The bulls are the male seals from five or six to twenty years of age,^ and weigh from four to seven hundred pounds.^ i.r. C. Kedpath, Vol. II, p. 148. • Vol. II, p. 23. ' .1. Stanley Brown, Vol. II, p. 16; .7. H. Monlton, Vol. II, p. 72. * SiiiiuKd Falconer, Vol. II, p. 165; Charles Bryant, Vol. II, p. 5. 5 Vol. II, p. 33. ' W. S. Hereford, Vol. II, p. 33; Nieoli Krukott', Vol. II, p. 133; Kiirick Artoniauoff, Vol. II, p. 100. ■ II. H. Mclntyre, Vol. II, p. 43; Charles Bryant, Vol. II, p. 6. " Keport of American Bering Sea Commissioners, /)08f, p. 325; Samuel Falconer, Vol. II, p. 166; H. H. Mclutyre, Vol. II, p. 58. '*^K!' ;.i!ftS|'! Wip'i If''' m- ,: - M/-;' ■■.': 108 HABITS OF THE ALASKAN SEAL. Arrival at islands. Tliey arrive Oil the breeding gi'ounds in tlie latter part of April or first few days of May/ but the time is to a certain extent dependent on tlu* going out of the ice about the islands.- The bull, if it is not his first experience upon the breeding grounds, endeavors to land upon the same rook- ery which he occupied in former years,^ and in many cases the same bull has been observed to occupy the same position (generally a large rock') on the same rookery for several successive years.^ A position, however, is not obtained without many sanguinary battles between the rival bulls for the more coveted places near the water.* Arrival of the Toward the latter part of May or first of June the cows begin to appear in the waters adjacent to the islands and immediately land upon the breeding grounds.* The great majority, however, ■ Appendix B, Report of American Bering Sea Commissioners, post, p. 385; .T. Stanley Brown, Vol. II, p. 13; Nicoli Krukoif, Vol. II, p. 133; John Fratis, Vol. II, p. 108; J. C. Redpatli, Vol. II, p. 148; C. L. Fowler, Vol. II, p. 25. ■' Daniel Webster, Vol. II, p. 180. ° Report of American Bering Sea Commissioners, post, p. 325. < J. C. Redpath, Vol. II, p. 148. ' Report of American Bering Sea Commissioners, post, p. 325; II. H. Mclntyre, Vol. II, p. 43. "Anton MelovedoflF, Vol. II, p. 144; Aggie Knshin, Vol. II, p. 129; Nicoli Krukoflf, Vol. II, p. 133; John rratis, Vol. II, p. 108; C. L. Fowler, Vol. U, p. 25. cows. THE BULLS. 109 indH in the >f May/ but lent on tlu' ' The bull, he breeding- same rook- (ars,^ and in abserved to large rock') (ssive years.^ led without e rival bulls water."* first of June ers adjacent id upon the fcy, however, Coniniissiimers, oli Krukoft; Vol. Ipatli, Vol. II, p. n, post, p. 325. ers, post, p. 325; i,Vol. II, p. 129; II, p. 108; C. L. do not haul up until the latter part of June;*^ and Anirti of the co\v». the arrivals continue until the middle of July." Each bull, being polygamous, gathers about Or>;imi/iiti(iii of him as many cows as he can.^ The number of cows to a "harem" (as the bull and his cows are called) varies according to the strength and position of the bull and the respective number of the sexes in the herd. The average is fixed at from fifteen to twenty-five.* Assistant Treasury Ajj^ent W. B. Taylor, who was on St. George Island in the year 1881, reports that he has seen forty cows in one harem and that the bull was constantly trying to obtain more.' This is but one instance of the great powers iitatiou"" "'^' of fertilissation possessed by the male seal. Mr. Taylor further states that he believes a bull can serve over a hundred cows during a season;* Capt. Bryant sa}'s from seventy-five to one hun- dred ;" and Gen. Scribner affirms it as his opinion that a bull could fertilize a hundred or more cows;^ and he is supported in this by Capt. Daniel Webster, who, as agent of the lessees, has I J. Stanley Brown, Vol. II, p. 13. ^ Anton Melovedott", Vol. II, p. 114. ' J. Stanley Brown, Vol. II, p. 14; T. F. Morgan, Vol. II, p. 63. ^ .1. Stanley Brown, Vol. II, p. 14 ; Charles Bryant, Vol. II, p. 6. » Vol. II, p. 177. "Vol. II, p. 6. 'Vol.n,p.89. I?!' 110 IIAIUT.S OF THE ALASKAN SEAL. 1.4 ' , ^Pj n.-'i. i|i'': 4 >mf\ ;,>i;'; j^JJ^^*J" ■*"'■'■"' 'I- ivsidcMl on tlju islands for over twenty-two years, and who prior to tliat time liad been actively en<»a<>ed in the sealin<>' inans, is similar to that of other mammals.* It is violent in character, and consumes from five to ei<^ht nunutes.'" Co))ulation in the water is affirmed by Mr. Stanley Brown, Dr. Mclntyre, and others to be impossible." The former bases his opinion on careful observation and on the fact that the cow being- so much smaller than the male (a cow weighs from seventy-five to one lunuh'ed and twenty pounds) she would be entirely submerged and wouhl be compelled to remain beneath the surface longer than would be possible. Dr. Mclntyre makes the assertion on twenty years of careful study of seal life ' Vol. IL p. 183. "~ 'Aititle by Dr. AUen, Piirt III, Vol. I, p. 407. = Vol. II, p. 166. ^Ki'port of American Bcrinj; Sea Commissioners, /)08(, p. 327; J. Stanley Brown, Vol. II, p. 14. "Report ol' Aniericau Uorinj.? Sea ConimiH.sioi)er8, j^owt. ji. 325; J. Stanley Brown, Vol. II, p. 14. •Vol. II, p. 14; Vol. II, p. 42; .J.M.Morton, VoLII, p. 67. T11K niLLS. uiMlcr tlio most favorable cirriimstances. Vn- Coition. (l(tul)tc'(lly tlu' sea otter, wliose lial)it of |>ela«»ie coition is well known, lias often been mistaken for the fnr-seal, whieli lias resnlted in many iM'lievin"- that the latter eopnlate in the water.* Mr. Falconer, althou<»h he does not affirm that the act of reproduction is impossible in the water, states that he does not believe it could be eft'ect- ujd, and that it would be most unnatural.^ Dr. Allen, in considerintr this cpiestion, after jJi'iving an account of the jealous o-uardianship of tho hull over his harem, says: "If parturition and copulation could occur in the sea, the exercise of any such tyrannical jurisdiction of the males over the females would be impossible, and the seraf,dio system, so well established, not only in the case of this species, but in all its allies, would not be the one strikinjr feature in the sexual economy of the whole eared-seal family, wherever its representatives are found."' During the entire rutting season, wdiich lasts for Fnsting. jit least three months, the bulls remain constantly upon the breeding grounds, never leaving their l)ositions, and never eating or drinking, and sleeping very little.* I Article by Dr. Allen, Part HI, Vol. I, p. 407; J. Stanley Brown, Vol. II, p. 15. - Vol. II, p. 165. ^ Artick" by Dr. Allen, Part III, Vol. I, p. 407. ♦ T. F. Morgan, Vol. II, p. 63; Charles Bryant, Vol. II, p. 6. Ill '.'0'^'mi^'' ^r'-*-"*^ nm '5>* m m 112 HAIUTS OF TIIK ALASKAN SKAIi. orVi.rrookSH.''" ^^'^^^ ^^^ *''^' ^'•*^^''* '"^^'^ '•♦'<'" f^'i'^il'zed and the pupH be}»lii to torin into "jxxIh," the order formerly existin{>' on the breedinj^ gronnds i^ives phice to disorder. The bnlls no lonj^er restrain the cows in tlieir movements, and the rookeries become disorganized.' Some of the l)nlls at tliis time ("abont the 1st of D.imituio from Anifust) be^fin to h*ave the ishmds, and eontinne iHlamlM. ft / o » going till the early part of October."^ 'Hiey are very lean and lank after their long fast, bnt the following May return to the rookeries as thickly enveloped in bluV)ber and as vigorous as the former season.'' Vitality. The bull seal must necessarily possess almost unsurpassed powers of vitalit}' and virility to remain for such a period without nourishment of any sort, and still be able to fertilize so many females. w»5;i;,|,, .1/. THE cows. The cows or breeding female seals are much smaller than the bulls, the average weight being « J. Stanley Brown, Vol. II, p. 16; T. F. Morgan, Vol. II, p. 63; AKsic Knshin, Vol. II, p. 130; .lolin Fnitis, Vol. II, p. 108. - if.H. Mclntyre, Vol. II, p. 42; Samuel Falconer, Vol. II, p 166; AiiCo' Melovedoff, Vol. II, p. 144; Aggii* Kii«liin, Vol. II, p. 129. ' T. F. Morgan, Vol. II, p. 63; H. H. Mclntyre, Vol. II, p. 43; J. ( Rodpnth, Vol. II, p. 148. Ei'";' ■ ■■'■'■ Hi TMK COWS. 113 rer n'straiii less tluiii «me liumlrcd pouiuls; tlio age of |)iiln'rty 1h proluthly two years.' riu' cxai'i Hjf< wliich is ivaclicd hy a cow is Age. necessarily a matter of conjecture, hut niicro- scopic examinations under the direction of ('apt. Mr\aMt showed tiiat some of tiie (dder females liiid horne at hmst ehnen to thirteen pups.- It is therefore safe to say tliat u cow lives to be at least fifteen years «dd. After a (tow lands on the rookeries and is "arem life. (leliviTcd of her pup she is jealously o-uarded by tile bull to whose harem .she l»elon«rs, until i\(i;;\'\u fertili/.ed,^ wliich probably takes place witliin two weeks.* IMie exa('t period of j^esta tiuii is not definitely known, but is believed to he iil>out tifty weeks.* A cow produces but one jnip at a birth," and Nnmii-r of pnps .... "t " Itii'tli. .Mr. balconer adds that "two at a bn-th is as rare an occurrence as a cow to bring- forth two calves, and that durinjif his entire experience of seven years he never heanl of this happening- ' II. H. Mclntyre, Vol. II, \i. 42; Saiimel I'jilconer, V(»I. II, p. 1G5. • Vol. II, p. 6. M. Stiiuley Brown, Vol. II, |». 1.5. ' Siiimiel Falc()ii(-r, Vol. II, p. ltv>. ■' Kfpoi't of Anierli'iiii Beriiiij; .St-a t'oininissioncr.s, iiosi, p. .326. W. II. ball, Vol. II. p. 21; F F. Morgan, Vol. II. p. (i;f; II. W. .M. im.vre. Vol. II, p. 136; Keiiick Aitomanoir, Vol. II, p. 100. 271(j 15 1 Im iSdiSl ■'"^jI '■■■■- ;m ■ M I ■■ . 'M iS "^.'^ Mr 'I •Hi' .ft its lift..:, ■ J.ti 114 IIAniTS OF THE ALASKAN SEAL. Nniiibt'i orpiivalnit oiicG.' Tlio yoiuiff at birth are about at a birth. _ ^ o equally divided as to sex.^ A cow as soon as a pup is brought tortli bej^ius to give it nourishment,^ the act of nurs- ing taking place on land and never in water,' and she will only suckle her own oflFspriiig- This fact is verified by all those who lifivc studied seal life or had experience upon the islands.^ Mr. Morgan says: "The pup does not appear to recognize its mother, attemj)tiiig to draw milk from any cow it comes in contact with; but a mother will at once recognize her own ])U}) and will allow no other to muse her. This I know from often observing a cow light off other pups who approached her, and searcli out her own pup from among them, wliich I think she recognizes by its smell and cry."* ]\Ir. Falconer says: "A mother will at once recognize her pup by its cry, hobbling over a thousand s oniv^'^^'^^^^r^ pu})s to reach her own, and every otlic r a})proacliing her save this little animal she will Koniislio Lur owu i)U]t. ' Vol. II, p. 165. ** Report of Aniericaii Boring Sea Coiniiiissioncrs, post, p. 32fi. •'J. Stanley Brown, Vol. II, p. 15. ■• Report ol" .Anit-rican liering Sea Commissioners, imiit, p. WM. Sec also Api)tMiilix C of same, iiosi, )>. 387. '•W. il. Dall, Vol. II, p. 23; H. H. Mclutyre, Vol. II, p.41; Karp Biitt'rin, Vol. II, p. UU. » Vol. 11, p. 62. THE COWS. 115 are about oug-lit tortli net of iim-s- 31" iu water,' n oflPspriiilit , and searcli em, wliich I 1 cry."" Mr. ice recof^-nize a thousand every other nifxl she will rs, post, p. 32(5. lers, poHt, i>. Iii'li. )1. II, p. 41; Kuril -.- ■ -'i ' >l drive away."' These facts are verified l)y many NomiNbes only t)tliers experienced in the iuibits of seals.^ This habit of a cow is another evidence of the neath of tow t'iiii8f!5 iii-iit ii <- mother. Capt, Bryant says in this connection: "1 am j)ositive that if a mother seal was killed her -mp must inevitably perish by starvation. As evidence of this fact I will state that 1 have taken stray, motherless pups, found on the sand Ixiuhes, and placed them upon the breeding rookeries beside milking" females, and in all instances those jnips have finally died of starvation.'" Capt. Bryant's .statement as to the certainty of death to the pup if its mother was (h'stroyed is sustained by many experienced witnesses.* Necessarily after a few days of nursing her pup the cow is comj)elled to seek food in order to provide sufficient nourishment for her off'spi"iii<>'.'' Ftoding. Soon after coition she leaves the ])up on the rookery and goes into the sea," and as the 'Vol. II, p. 1P)4. -.) M. Moulton, Vol. II, p. 71, W. 8 Ih-iefoid, NOl. II, p. :«; Ni<(>li KnikoH', Vol. II. p. ISS; .John liiitis. Vol. II, p. KIS; liaiiiel \V(-l.hf.r, Vol. II, p. 180; J. C. Ke; D.iiiiil Wtlisfcr. Vol. II, p. ISO. ' Ht'lioi't of AiiH'ilcaii Ht'riii); Sea ( oimiii^.sioiier.s, /)»«/. p. ;t'!t; II. II. Miliitjif, Vol. II, p. 42; Sainucl lakouir. Vol. II, p. Kit!; .\rti(l(! by Dr. .\ll.-ii, I'art III, Vol. I, p. 407; II. W. .NicliKviv, Vol. II, p. 13«. IK W' >■^:J,^.; fJI^ HIUUS. IIG HABITS OF THE ALASKAN SEAL. I'etding. puj) gets olflei' aiicl stronger these excursions lengthen accordingly until she is sometimes ab- sent from the rookeries for a week at a time.^ Food. The food of all classes of fur seals consists of squids, fishes, crustaceans, and molhisks,^ but squids seem t(^> be their ju'incipal diet, showing the seals are surface feeders.^ On account of the number of seals on the islands fish are ver}- scarce in the neighlxn-ing waters ;* this necessi- tates the c()W going many miles in search ol her food. Ft'ciiiiig exiur- They undoubtedly go oftei! ^Vi.;v! ;i', hundred to two hundred miles from the rookeries on these feeding excursions.^ '^lliis fact is borne out by the testimony of many experienced sealers, who have taken nursing females a hundred miles and over from the islands,^ and Capt. Olsen, of the steam schooner J una Birh; states, through tlie Victoria Daily Colonist, of August 6, 1887 I Nicoli Knikort, Vol. II. p. i:«;.Joliii Frsitis, Vol. II, p. 108; Kur- ritk .\itoiii)inoH', Vol. II, p. 100. -Report ol' Anu'i'icini liiTiiiji; Se.i (.'oiiiniiHsioiK'rH, Aj)]>eii'';.. K, post, p. 393; VV. H. Uull, \ ol. II, p. 23; T. F. Moij'ai< ' ol. 1'. p. 62. ■'lieport of Aniericim Bering >Sea Couiniissioners, Ajii;:;tiiii\ li, post, J). 3!M>. . 108; Kel- lers, A))iieii'';.. H, Moi'jtuii 'ill. «■ . 1'1'8, Ajij;!!llliix li, TH, post, ]t. 3:29. Vol. II, ]>. :W(): I. 11,11.11.".; Cliiul II, i>. 357; Vii'- (which is published in the British Blue Book, Fg txc-.u-- 1S!)0, C-6131, p. 84), that "anyone who knows iuiN'thing of sealing is aware that such a charge [cnti liing seals in Alaskan waters within tliree Icngues of the shore] is ridiculous, as we never l(t()k for seals within twenty miles of shore. They iiiv cnught all the way from between twenty and one lumdred and fifty miles off the land." Capt. Dyer, of the seized sealing schooner Alfred AddiHs, confirmed the above statement by say- inji': "We had never taken a seal within sixty miles of Unalaska, nor nearer St. Paul than sixty miles south of it."' Among the deposi- tions iaken before Mr. A. R. Milne, collector of customs of the poit of Victoria, British Co- Imiibia, several of the deponents give testiuKuiy iis to the usual sealing distance from the Pribilof Islands while in Bering Sea. Capt. William Petit, present master and part owner of the steamer Mischief, gives such distance as from sixty to one hundred miles, and states that seals arc found all along that distance from land in laijic numbers.^ ('apt. Wentworth Evelyn Baker, master of the Canadian schooner C. H. Tttpper, iiiid foiniei'ly master of the schooner Viva, says that the distance from land was from thirty to 'ItvitiHli Blue Hook, I'. S. No. 2, 189(), V-diSl, p. 108. ■^ liiitisL Blue Book U. S. No. 3 (181)2), C-6G35, p. 171. 1;- 118 HABITS OF THE ALASKAN SEAL. Bioua. MU ii.. w 'k% Fttdiug excnr-one liuiulretl niilcs, usually sixty iniles.^ And Capt. William Cox, master of the schooner Sapphire^ places the principal hunting ground at one hundred miles from the islands of St. George and St. Paul.2 Capt. L. G. Shepard, of the Unite( 1 States Revenue Marine, who seized several ves- sels while sealing in Bering Sea in 1887 and 188I>, states: "1 have seen the milk come from the carcasses of dead females lying o'. the decks of sealing vessels which were more than a hun- dred miles from the Pribilof Islands." He further adds that he has seen seals in the Avater over one hundred and fifty miles from the islands during the sunnner.^ The course of sealing vessels and their daily "latch show also that the majority of the seals taken in Bering Sea are secured at over one hundred miles from the Pribilof Ishv.ids.^ The distance that the seals wander from tlic islands during the summer in their searcli for food is clearly shown by the *'Seal Chart" com- piled from the observations of the Americim cruisers during their cruises in Bering Sea in July, August, and September, 1891.^ ' Biitisli Blue Hook, U. S. No. 3 (1892), (J-6635, p. 173. ^ Ihid.Y. Ittl. ^ L. (i. Slicpanl. Vol. II. II. 189. * Loffs of scaliiij; vcshi'Im sei/.t'd, Vol. \, p. \\2'). • "Stnil C'liiii't" ill poi'tlolio of luilits tiud cbui'ts. i^ll THE COWS. 110 The gi'diii distance of the tbedin*'' {rrouiids i'roui sixeti in hwim null};. tlic islands is not remarkable, as the seals are very rii\)'u\ swimmers and possess great endur- jiiice.' Tiiomas Mowat, esq., inspector of fish- eries for British Columbia, in the annual report of the Dei)artment of Fisheries of the Dominion (tf C-anada (1886), at page 267, makes the fol- lowing statement, which coiToborates the fore- ^oiiio-: "Capt. Donald McLean, one of our most successful sealing captains, and one of the first to enter into the business of tracking seals from Cnlifornia to Bering Sea, infonns me he has known hill ids of seals to travel one hundred to two Innidred miles a day, feeding and sleeping during a portion of this time." Capt. Bryant, with h)ng experience as master mariner of a whaling vessel, states that he is convinced that a seal can swim more rapidly than any species of fish, and that a female could leave the islands, go to the fishing grounds a hundred miles distant and easily return the same day.* But in case these excur- sions consumed a longer time, the peculiar phys- ical economy of the pup seal makes it possible for it to exist several davs without nourishment.* The length of time that a pup is dependent . ^•M'n«ture tvom upon its mother, as heretofore stated, compels ' Chillies Bryant, Vol. II, p. 6; W. S. Hereford, Vol. II, p. 35. ' V.)l. II, i>. 6. W. S. Hereford, Vol. II, p. 33; H. H. Mcliityre, Vol. II, p. 41. iil!''"l 120 HABITS OF THK ALASKAN SEAL. nopitinire from lier to remain upon the islands until about the islauda. middle of November, when the cold and stormy weather inducies her to depart, her pup boin<> then able to support itself. Arrival isluuds. Tl)c killable class. THE BACHELORS. at the The bachelor seals, or nonbreeding males, ranj^ing in age from one to five or six years, beg-in to arrive in the vicinity of the islands soon after the bulls have taken up their ]H>sitions upon the rookeries,^ but the greater number a})peai- toward the latter part of May.^ They endeavor to land upon the breeding grounds, but are driven off by the bulls* and compelled to seek the hauling grounds.* From this class of seals are chosen the ones which are killed on the islands for their pelts, the bachelor from two to five years being selected.^ The life on the hauling grounds is passed in sleeping, wandering about and making occa- sional trips to the water." The older bachelors spend a good deal of time in the water, their instincts leading them to remain near the breed- ' J. Stanley Brown, Vol. 11, p. 13; H. H. Mclntyrc, 7ol. II, p. lU; Anton Melovedoff, Vol. II, p. 144: J. C. Kedpatji, Vol. II, p. 14!). ■^S. N. Buynitsky, Vol. II, p. 21. 'Louis Kiniiud, Vol. II, p. 173; Agfjie Kusliin, Vol. II, p. 12!t. *J. C. Redpath, Vol. II, p. 149; Kerriok Artoniiinoff, Vol. II, p. 10(). » 8. N. Buynitsky, Vol. II, p. 21 ; Samuel Fnlcouer. Vol. II, p. 166. «H. H. Mclutyre, Vol. II, p. 42. »»-''-(■;.-,' THE BACHELORS. 121 iimji^rounds.* Mr. Falconer says that tliey always The kiUabie . class. j)uisue a female when she is allowed to leave the hiirem and go into the water, but she always ictuses them.^ This is natural considering- the fiut that the cow is fertilized before being allowed to enter the water.^ lioth Capt Bryant and Mr. Morgan say that Ftieding. in their opinion the bachelor seals feed very little while located on the islands,* and Mr. Glidden states that "the bachelors once in a wiiile go into the water, but remain in the vicinity of the islands.^ Anton Melovedoff, the native chief on St. F*aul Island for seven years (18S4-1891) states that he has "found that the seals killed in May and early June were fat and that their stomachs were full of food, pnncii)ally codfish, and that later in the season they were poor and had nothing in their stomachs," and that, in his opinion, "none but the mother seals go out in the sea to eat during the time the herds are on the islands."® And his opinion in this matter coiTesponds with the views of natives 2717- ' H. H. Mclntyre, Vol. II, p. 43. ^Vol. U,p. 165. 3.4n^e, p.ll5. < Vol. II, p. 6; Vol. II, p. 63. " Vol. II, p. 100. « Vol. II, p. U4. -16 »'^ 122 HABITS OF THE ALASKAN SKAL. V,r, i '" i»..»»fc,/ set*" !■■. M'' ill i*i!*s MiiiKliiiji; till' cows. isliiiuls. FciMiing. and wliites who have been long resident on the Pribilof Islands.* ith Wlien the rookeries become diaorfjanized, tlie bachelors, no longer tearing the bulls, whicli possess great ferocity during the rutting season, even attacking man,^ move down onto the breed- ing grounds, and pups, cows, and bachelors mingle together indiscriminately.* Popnrture frcm jj^^^ ^|jg bachelors remain until the time of their de})arture, which generally takes place at the same time the cows* and pups leave the islands, though a few bachelors always are found after that period.^ MIGRATION OF THE HERD. The Alaskan seal herd is migratory from necessity, for when the weather has been par- ticularly mild during certain winters seals have been found on land and in the vicinity of the islands the year round.' An examination of the table showing the annual killing of seals on St- Paul Island for several years proves conclusively ' Karp Buterin, Vol. II, p. 103; Nicoli Kiukoff, Vol. II, p. 133; JohuFratis, Vol. II, p. 108; Daniel Webster, Vol. II, p. 180; 1. C. Redpath, Vol. II, p. 149; Kerrick Artomanoff, Vol. II, p. 100. " J. Stanley Brown, Vol. II, p. 14. 'J. Stanley Brown, Vol. II, p. 16. . 42; T. F. Morgan, Vol. II, p. 62. ' Report of Capt. C. L. Hooper to the Treasury Department, dated .June 14, 1892, Vol. I, p. 504. / < W. H. Dall, Vol. II, p. 24; Charles Bryant, Vol. II, p. 5. "A. .1. Hoffman, Vol. II, p. 446; AllV.-d Irving, Vol. II, p. 380. • Charles Lutjeus, Vol. II, p. 458; H. H. Mclutyre, Vol. II, p. 42. MIGRATION OP TIIK HERD. 125 t'lom land.' The males pass much farther from The course, the shore than the females, and travel more rap- idly toward the islands." The herd spreads along the coast in a long, in*egular body, continually advancing northward until they begin to enter IJonng Sea in May and June, through the east- ern j)asse8 of the Aleutian Islands, sel(h>m going west of Four Mountain Pass, but the last of the herd do not leave the Pacific until July." The cows, however, are practically out of the Pacific ( )cean by the middle of June.* A chart showing this migration has been prepared from the data contained in the de])ositions herewith submitted." The manner of traveling of the seals ia divided by the pelagic sealers into different Iieads, namely, "slee})ing," when a seal rests and sleeps on its back on the surface of the water ,)iiug' with only its nose and the tips of its hind flippers protruding from the waves; ^ **finnnig," when it Hes on its back gently moving its flipi)erb j ^ "nd- ' British Blu») Book, U. 8. No. .T (18!t2), 0-0635, p. 183; Anmiiil Report of the Departmeut of Fisheries, Dominion of Cuiiada (1886), p. 267. -Article by Dr. Allen, Part III, Vol. I, ji. 405; Isaac Liebes, Vol. II, p. 454. J Charles .1. Hajjue, Vol. II, p. 207; C. H. Anderson, Vol. 11, j). 205, ' H. H. Mclntyre, Vol. II, p. 42; Watkins, Vol. II, p. 395; Alfred Irving, Vol. II, p. 386. ■See also Chart of Miration, Portfolio of it).i;..i and charts; British Blue Book, No. 3 (18'.»2), C- 6035, p. 183. " A. B. Alexander, Vol. II, p. 355. ' Ibid., Vol. II, p. 355. Manu(>r < ( trav- 12(] ITAHrrs OF THE ALASKAN BF,AL. Thetourso. liii|lt nil I'll l>il(ir l.slaii(lt). tho surface of tlie water injj^," vvIk^u njovinj^- rapidly tinoujrli the water," and "brearhing," when leaping- out of the water like a (h»lphin.* During- their migration the seals never land upon the coast and no rookeries of fur seals Hre known to exist upon the North American con- tinent or the islands a. 2(>,'); lloouali Dick (Cross Sound), Vol. II. i>, 258; Eliali Proko|>ief(Attu Islantl), Vol. II, p. 215; FilaretProkojiief (Attn Island), Vol.11, p. 216; .^aiMiitl Kalioorof (Attn Island), Vol. II, p. 214; Clii«f Aniia-tlas ( liiknii lulet), Vid. II, p. 254 ; Metry Mouin (Cooks lulet). Vol. II. ]>. L'l'li; NicoliGrei'irort'(Priiice^\'illiani .Sound), V»d. II, p. 234; llastiiiL;s Yeilinow (Kaswau), Vol. 1I,]>. 303; Ciuorge KutwootseliisL (Suiitli- easteru Alu8ka), Vol. II, p. 251. MKJKATION OF THK MKKI). 127 n- ovor upon iVihilof Islsiuds, or of the seals ever Imiiliiijr (, lit iin.i .i.-h i,oi OH file coast or neifflibonnjr islaiuls; and ('apt. •'««i.ii..nHiaii.i«. Andersen, who has ernised seven years in Herinfr Scji, says the natives of Bristol Bay and St. Michael do not know what a fur-seal is.' (!apt. \'ictor Jacobson, one of the best known sealers of N'ictoria, British Columbia, who has seen eleven years of seal hunting-, and is the owner and master of the sealing- schooner Man/ Ellen and (nvner of the schooner Minnie, says: " I have never known a fur-seal to haul out upon any part of the coast of the United States, British Columbia, or Alaska. All parts of the coast have hecn visited by the s<';d hunters, and if seals liauKid out any place it would have been known by the hunters."^ This statement is made still strong-er bv the J'crfi docs n..t * ("iiti'i- iuluiiil wii- tact tliat the seals do not enter the inland waters •icis- of the coast during their migration, remaining always in the open sea or at the mouths of large bays, inlets, and gulfs.^ Father Francis Verbeke, Roman Catholic priest at Barclay Sound, says that he has never seen or heard of fur-seals in.side of Barclay Sound; they are all found out- ' Vol. II, p. 205. -Vol. II, |). .329. 'Jolm Marfrfithc, Vol. II, p. 308; Billy Nahoo, Vol, II, p. 252; Koukoiial, Vol.11, p. 251; Albert Keetuuck, Vol.11, p. 250 W-. 128 HAIUTS OV THK AT-ASKAN 8KAL. tera. iinii does not side.' Rev. Willifiin Dniicaii, for tliirtv years a ciitt!!- iuluud wa- missionary among' the Vancouver Indians, and whose successful labors in civilizing and Chris- tianizing the Indians is well known in Canada and the United States, states that he has never heard of fur seal hauling upon the coast of British Columbia or Alaska, or anywhere save on the Pribilof Islands.^ Shucklean, an old Indian of Killisnoo, (Chatham Sound, states that the seals do not frequent those waters, and he never saw a man who had seen a seal pu]).' Kah-chuck- tee, the old chief of the Huchenoo Indians, states that he has visited all the inlets and islands in Chatham Sound and other [)arts of Alaska as far as Sitka and never saw a fur seal m the inland waters, and adds he would have heard of seal hauling upon the islands or main- land of Alaska from the Indians, who traded with his tribe for herring oil, if such a thing had occurred, but he had never heard such a re})ort. Ruth Burdukofski, a native of Unalaska Island, states that "no old sealc ever haul out in this vicinity," but tiiat in the fall pups sometimes come on sliore after a heavy blow from the I Vol. II, p. 311. See also Dick or EbeiisheBut, Vol. II, p. 306; Clat ka-koi, Vol.11, p. 305. n'ol.II.p.279. 'SImckleiMi, Vol. II. p. 2.53. See also Kesth Riley, Vol. II, p. 252; Toodiys ("liiulie. Vol. II, p. 2ti>. * Kali-chuck-tee, Vol. II, p. 248. 'il'ir'"" f'Cm MIGRATION OF THP: HEED. 120 rty years a ulisins, and and Chris- ill Canadii 3 has never st of British iave on the 1 Indian of at the seals B never saw Kah-clnu-k- 00 Indians, inlets and ler parts ot w a fur seal would have ids or niain- who traded a thino" had L'Ji a report. Hskii Island, out in this sometimes w from the t, Vol. II, p. 306; y, Vol. II, p. 252; ll'l mi north; these lie believes to have betsi separated Herd >\m» m.i f'litin' iiiiiiiiil \v!i from their mothers, und seek shelter and rest '<•«>*. from the storm on the island.' Pud Zaotehnoi^ one of the \leut chiefs at Atka Island (near the ceiiter of the Aleutian chain), says that fur-seals never rest on the shores in that lej^ion.^ It ha« been supposed that the fur-seals which formerly fi('enus Arctoccplia/uti, which is entirely distinct t'roni the CaUorhhmn i(r,simi.s, and have united in a paper to that eilect.' It is therefore certain that the Pribilof herd do not breed or land at any other point excej)t the Pribilof Islands. The Russian seal lienl on leaving the Com- '"iic HuHHian mander Islands insteatl of turning' eastward, like the iVlaskan herd, turns westward,* entering- the ' Kutli BuidnkofHld.Vol. II, p. 206. See also Pan] Kepiii.Vol. II, ;i. '-'07; S. Mi'lovedotK. \<.l. II. \>. L'OJI. ami Diuid Sulaiiiatiill, Vol. II, p. J()!l; Ivan Kinki.tt'. Vol. II. p. L'Oll. Vol.11, p. 213. See also Kukki:.' (}S6. Soe alsii Uaai' l.iidn's, \'oi. II, p. I5."i. i Larlrs ,1. Ila<;iic, N'ol. II, p. 207. 27U; 17 130 MANAGEMENT OF lllE WEAL KOOKEKIES. Tho Russian >Sc'n of ()kli<»tisk, wlitTe tliGV are often found by herd. ^ "^ '' wlinlcr.^ in the early i--))rin<>/ and also range along- the Japan coasts - This shows the .similarity of lial)its of these two herds, hut at the same time is further evidence that they never intermingle. llf^;!''^^^^lM MANAGEMENT OF THE SEAL ROOKERIES. RUSSIAN MANAGEMENT. After tlio discovery of the Pribilof Islands several Russian fur companies sent expeditions thither for the purp tse of procuring seal skins and amuially great numbers were taken. When the Hussian American Company came into pos- session of these valuable rookeries in 1799, the unlimited slaughter ceased and a limitation was placed upon the number t«> betaken. Becoming more familiar with the condition and habits of the animals, es])ecially their habit of polygamy, a further limitation was enforced providing that male seals alone should be killed, but no limita- tion was fixed as to the age of such males, the skins being procured from bidls, bachelors, and gray pups alike, the demands of the Chinese market being the princij)}!! giiitle as t(» the class taken. I'oward the dose of the Russian occu- U'ltiirles Itryidit. Vol. 11. ].. I. 'Eeport of Aiiiericuii Heiiiif; .Sfu (Joiiiiniasioners, j>o»(, p. 32i(. RUSSIAN MANAGEMENT. 131 pation, however, the taking of gray piii)s was practically sto})})e(l, except for food and seal oil, and the bachelor seals supidied nearly all the skins taken on the islands.' Under tlie general |)r(»tective system adopted by Russia for seal life ;in. 89. 132 MANAGEMENT OF THE SEAL ROOKERIES. THE SLAUGHTER OF 1868. When the United States came into possess'. r.i of these islands by the cession of 18G7, it wjis impossible immediately to formulate an admin- istrative system for all portions of the territory then so little known and so distant from the .seat of government. The year 1 8(j8 was one of inter- regnum at the Pribilof Islands. Prof W. }\. Dall visited them that vear, and briefly dc- scribes the state of afl'airs there existinj^, lie says: " During" my visit to St. George Island in 18G8 tliis vast territory of Alaska had just fallen into the possession of the United States, and tlic Government had not yet fairly established more than the beginning of an organization for its management as a whole, without mentioning* sue) i details as the Pribilof Islands. In consequence of this state of afl'aiis, ])rivate enterprise in tlie form of companies dealing in furs had established numerous sealing stations on the islands during 1868. During my stay, except on a single occasion, the driving from the hauling grounds, the killing and skinning, was done by the natives in the same manner as when under the Russian rule, e.ich competing party paying them so nnich per skin for their labor in taking them. Despite the very bitter and more or less unscrupulous com- ameuican* Management. 133 o possess ■.);i 18G7, it wns e an jin of looo. (V)uiuiittee on Merchant Marnie and Fisheries of the Fiftieth Congress the same conclusion was reached, the report stating: "That the Alaska Connnercial Company has fully performed its contract with the Government and has contributed largely to the support, main- tenance, comfort, and civilization of the inhab- itants, not only of the seal islands, but also to those of the Aleutian Islands, Kadiak, and the mainland."^ Both the above-mentioned committees also Methods of man- took into consideration the method of administer- ing the seal rookeries as established by the act of July 1, 1870. One of the three following means must of necessity have been adopted for the management of the islands, viz, (1) leasing to a company; (2) making the rookeries free to the public; or (3) the Government itself working the rookeries. agemuut. ' Report No. 623, House of Repiesoutativos, Forty-fourth Con- gress, tirst session, p. 12. *H. K. No. 3883, Fiftieth Congress, second session, it. xxiii. 2716 18 irn.r^ ■'T'^^iiW ^^%: 138 MANAGEMENT OF THE SEAL ROOKERIES. ill P'ii:' IIS' Wi i^jff'!': r 11 1 1 c n u H f «i working iiiiiiiikoti- ciibiu. Tlio second course would con:'e(ledly have re«ulted in the extonnination of flie Alasska seal herd in a very short time,* as it has in all cases where seal killing has been general and unlim- ited.'^ w<>ikiii«;i..vO(.y- The third method, direct management by the nriiMH-ut imiiiacti- "^ •' ciibi«. Government, was also deemed impracticable to the committees who investigated the questif>n. The committee of Congress in 1876 reported that in their judgment the Government could not advantageously assume charge itself of the seal industry and did wisely to intrust it to the Alaska Commercial Comi)any.^ The connnittee of Con- gress which made a thorough examination of the question in 1888 reported: "All these witnesses (those examined by the committee) concur in testifying to the wisdom of the existing law on the subject, and favor the retention of the pres- ent system. All other existing rookeries are managed substantially in the same way by the different Governments to which they belong, all following the lead of Russia, who managed and protected our rookeries by a similar method from their discovery until their transfer to the United ' Senate Doc. No. 48, Forty -fonrtli Conf;re88, iirst session, p. 4. » Pott, p. 218. •' Report No. 623, llonse of RepresentativeB, Forty-fourth Con gress, tirst session, p. 12. Piii; i;r"' AMERICAN MANAOEMENT. 189 States. It did not reniiire the testimony of wit- w.nkinKbyOov. '' criiiiu'iit iiiipructi* iicsses to convince the conunittee that the Gov-''''''^- eminent itself couM not successfully manage this liiisiness."^ It is evident from the nature of the iii(Uistry that in case the sealing on the islands should be managed directly by the Govennnent the opi)oi'tunities for fraud and theft are very i^reat on the part of the agents, who under the act of 1870 are prohibited from being in anyway connected or interested in the industry; as it is now the lessees and agents are restraints upon each other. Further, the business requires ex- pert knowledge of seal habits, the market, and the transactions pertaining to the sale of the skins, necessitating the presence of agents, not only on the islands, but in San Francisco and Fjondon, who are thoroughly conversant with these points. Immediate Government manage- ment is at once seen to be Impracticable under these circumstances and the present method employed to be the only feasible one. The careful investigations made by the Con-j^.j^^[.'"}*"|^4:^"*^*''*' gressional committees showed that the Alaska Coniniercial Company had fulfilled the terms of the lease in all respects according to the require- ' Kciiort No. 3883, House of Kei)ieseiitutivefl, Fiftieth (Joiigress, geccinil Hussiuu, p. xxiii. \^;f^. 1!1 ■ 140 MANAOEMKNT OP THE SEAL ROOKERIES. Workings of tiieiuents of tlic Act of 1870;' that in connilianco leam; of 1»70. ^ , _ ' witli the teniiH of the leaHe (many of wliicli aiv not contained in the Act of 1870) the leHsccs furnished the inhabitants of the islands with a large number of connnodious dwellings, witliout charging rent, and making free repairs;"- built them two free schools; ' kept stores at which goods were sold at low pri(!es;* supplied them witii free provisions, medicines, and medical attend- ance;"* established and nuiintained for them a savings bank, with a total of over foity thousand dollars of deposits," and proliibited the sale of iutoxicating liquors on the islands,^ CONDITION OF THK NATIVES. The improvement in the condition of the natives of the Pribilof Islands is mie of the marked features of the benefit which ii.m resulted ' Rt'jioit No. 623, House of Represeutatives, Forty-fourth Con- gresH, first sewsion, p. 11; Report No. 3883, House of Represeiitii- tivt'8, Fiftietli C'ougrcss, s()Ct)U(l .session, p. xxiii. -Report No. 623, HonH« of Representiitive.s, lM)rty-foHrtli Con- gresH, HrHtMessiuu, jt. 30; Re]>ort No. 3883, House of Roprescuta- tivt'N, Fiftietli Congress, second session., pp. 31, 32. 'Report No. 623, House of Representatives, Forty-fourth Con- gi'ess, tirst session, pp. 30, .33; Report No. 3883, House of Represeu. tatives, Fiftieth Coujfress, second session, p. 31. ^Report No. 6:'3, House of Representatives, Forty-fourth Con- gress, tirst session, p. 30, No. :^83, House of Represeutatives, Fiftieth Congress, second sessioU; p. 32. '' Same report, p. 30. • " " p. 31. 1 " " p. 32. :if;:;::i: Sii';i! ■ ■' ^ .■'■■■■*, ml iiii.'a CONDITION OF THE NATIVES. 141 tioiii tlio innnaf^onicnt of those iHlaiulH under the s\ stem a(h)i)te(l in 1870 by the Congress of the I'nited States. When the United States Government assumed . '-";'«>■ ♦''« ""« Biun CuiuiJuii.v. control of the temtory of Ahiska the condition of tliese nati\'es was wretched in the extreme, flic Russian American Company having neglected their welfare and f(r»rc<*d them into practical sliv\ ery. Capt. Bryant, who had an opportunity to observe their condition prior to active occupa- tion of the islands by the United States, de- s('ril)es and compares the situation of the natives under Russian manao-ement and under the system iuau«.;urated by the United States. His testi- mony on this point is as follows: "When I first visited the seal islands, in 1869, the natives were living in semisul)terranean h( uses built of turf and such pieces of driftwood and whalebones as they were able to secure on the beach. Their food had been prior to that time insufficient in variety and was comprised of seal meat and a few other articles furnished in meager quantity by the Russian Fur Company. They had no fuel and depended for heat upon tlu' crowding together in their turf houses, sleep- inn' in the dried grasses secured upon tlic islantls. "Forced to live under these conditions, they 142 MANAGEMENT OF THE SEAL ROOKERIES. ■m- m ''■M Under the Ruh- coiild iiot of coui'SG iiiake progTesH toward oivili- Hiun Cuiuiiiiuy. zation. There were no facilities tor transportiiii^ skins; tliey were carried on the backs of the natives, entailing- great labor and hardship. UiKier Americai. "Very soon after the islands came into tho^ uos- Hussion of the American Government all tliis was changed. Their underground earthen lodges were replaced ])y warm, comfortable wooden cot- tages for eacii family;^ fuel, food, and clothing were furnished them at prices twenty-five \n'v cent above the wholesale price of San Francisco; churches were built and sciioollu.ases maintained tior their beneiit, and everything- d<»ne that would insure their constant advancement in the wa^• of civilization and natural progress. Instead of being' mere creatures of the whims of their rulers tkey were placed on an equal footing with white men and received by law a stipulated sum foi- e»cli skin taken, so that about forty thousand dollars was annually divided among- the inhalt- itants of the two islands. In place of the skin- clad natives living- in turf lodges, which I found on aiTiviug on the island in 18611, I left them in 1877 as well fed, as well clothed, and as well ' See pLotoKraph, Vol. II, p. 9.5, showing VilluKC of St. Paul in 1870 and in 1891 ; and plinl-ofjraphs of natives, ^'ol. II, pp. «. Td, liJ3. Letter from (.'hief Mauajjer Furuhelni to the iionril of Adiiiin- iKtratiou of the Russian American Company, dated Jnly 16, IStiii; Vol. I, p. 88. lit fr.. CONDITION OF THE NATIVES. 143 i lioused as the people of some ol our New Eiiff- rndirAiuerican coutrol. liiiid villages. They had school facilities, and (»ii Sunday they went to service in their pretty Gi?ek church, with its tastefully arranged inte- rior; they wore the clothing of civilized men and liad polish on their boots. All these results are directly traceable to the seal fisheries and their improved management."^ In this conn)arison of condition and in the i«"provomeut. marked improvement following the American (iccupatiou. Dr. H. H. Mclntyre also gives a •Graphic account, which is substantially the same as the one above quoted.'- Mr. Samuel Falconer, who reached the islands in 1870, and remained until 1877, gives an account of the condition in wliicli he found the natives and the great change which took place while he was located at the ishiuds. He says: "When I came there they were {)artially dressed in skins, living in filthy, unwholesome turf huts, which were heated by tires with blubber as fuel ; they were ignorant and extremely dirty. When I left they had exchanged their skin garments for well-made, warm woolen clothes; they lived in substantial frame houses heateil by coal stoves; they had become cleanly, and the children were attending scluud eight » Vol, II, p. 8. 'Vol. II p. 599. ;tellft::;:i-^''* »t'*i:^ ■fi'^lt: rw m- .ssptii, 'W^'„ l> ! M '*#«., 144 MANAGEMENT OF THE SEAL ROOKERIES. improvemeut. nioiitlis <)t" the year.* They were then as well ofi' as well-to- v o r « m c u t for by sections 1973-11)76 of the Revised Stat-"*'""*'' utes of the United States/ under wliich the agent anari!!)on Icaaea. m^ m.m m' m. ;lt.'-i?r of An exaininaiiou of tlie lease now in force will show that it is not only more favorable to the Government, but also to the inhabitants of tlio islands than the former lease^ in the foUovvinj'- respects: (1) The rental is 860,000, instead of $55,000; (2) the tax per skin is $9.62|, instead of 82.62.^; (3) 80 tons of coal are to be fur- nished the natives, instead of 60 cords of wood; (4) the quantity of salmon, salt, and other pro- visions to be furnished to them can be fixed b\' the Secretar)' of the Treasury; (5) the comi)an}- is to furnish to tlie natives free dwellings, a church, pii}'sicians, medicines, employment, and care for the sick, aged, widows, and children; (6) instead of 100,000 seals per year, the company can take only 60,000 during the first year of the lease, and thereafter the catch is to be subject to the regulations of the Secretary of the Treasury. Under this lease it is difficult to see how the United States could have a more complete con- trol over the seal industry on the islands, even if it took the entire management of the business. Leasing under such terms gives the Government absolute power in fixing the (piota according to the condition of the herd, and at the same time avoids the details of management and disposing > Luu8u to Nui'tU Aiiiuriviiii Comiuerciitl Company ; Vol. I, p. 106. THE SEALS. 147 y; Vol. I, p. 106. of tlie skins, vvliicli are the especial difficulties in f'«""pi'iison of tlio way of the United States working- the rook- eries itself. The coui-se ihus adopted by the United States seems as free from criticism or improvement as any that can be suggested.^ THE SEALS. HavinjT reviewed the general manag-ement of the Pribilof Islands as it pertains to the United States Government and the native islanders, the next point for consideration is the management of the seal herd, tiie methods employed in taking- the seals, and the results of these practices upon the number and condition of the herd. The peculiar nature and fixed habits of the f"«>"ti<>i nn.i .io- , , . . mcsticatiou. seal make it an annual most easy of control and inanaj^ement. A herd of seals is as capable of Iteing driven, separated, and counted as a herd of cattle on the plains.^ In fact, they much resemble these latter in the timidity of the females and the ferocity of the males. One example of the ease with which they can be controlled is mentioned by Mr. Falconer, who sjteaks of a herd of three thousand bachelor seals being- left in charge of a boy after they ' SccJiisoriibl.i criticisiii of the iiietliods employed in ''Haiiaijook of till' Eislies of New Zealaiid," iiiine 235. ' H. N. Clark, Vol. II, p. 159; " llaii.lbook of the Fishes of New Zealrtiiil," page 235. IHflM 148 MANAGEMENT OP THE SEAL ROOKERIES. H^. m^' mi- m?:- :^:h Control ami do had beoii drivGU a short distance from tlio hauliiif? luetitiuiitiuu. gi'oiinds.' Mr. Henry N. Chirk, who was for six years (1884-1889) in the emph>y of the Ahiska Connnercial Coni})any and in cluirge of tlic "sealino- gang-" on St. George IsLind, and wlin is therefore especially competent to speak of the possibilities of driving* and handling the seals, says: "I was reared on a farm and have been familiar from boyhood with the breeding of domestic; animals, and |)Jirticularly with the rear- ing and management of young animals, hence the comparison of the young seals with the young of our common domestic species is most natural From my experience with both I am able to declare positively that it is easier to manage and handle young seals than calves or land)s.- Large numbers of the former are customarily driven up in the fall by the natives to kill a certain number for food, and all could be 'rounded up' as the ])rairie cattle are if there was any need for doing so.^ All the herd so driven are lifted up one by one and examined as to sex, and while in this position each could be lu'anded or marked if necessary. If the seal ' Vol. II, 11. 162. Se* itlfto .J. C. Rc.lputh, Vol. II, p. 152. » See iilso .lohii Fiiitin, X'ol. II, i». 109. > See ul«u Watsuu C. Allia, Vol. II, p. 98. THE SEALS. 149 rookeries were my personal liroijerty I should Control ana ao- regard the task of branding all the young- as no more difficult or onerous than the branding of all my calves if I were engaged in breeding cattle upon the prairies."* The foregoing state- ment as to the possibility of branding the young seals is supported by others equally experienced in seal life in the islands.^ Dr. IVIcIntyre, so long experienced in the handling of seals, says that "they are as controllable and amenable to good management upon the islands as sheep and cattle,"* and several other witnesses make like affirmations.* Chief Anton Melovedoff, already mentioned, states that "it is usually supposed that seals are like wild animals. That is not so. They are used to the natives and will not nm from them. The little pups will come to them, and even in the fall, when they are older, we can take them up in our hands and see whether they are males or females. We can drive the seals about in little or large bands just as wo want them to go, and they are easy to manage."^ I Vol. II, p. 159. -Cliiirles Bryant, Vol. II, p. 5; S. M. Wasliburn, Vol. II, p. 150; H. v. Fletclier, Vol. II, p. 105; Cieorge H. Temple, Vol. II, p. 153. 'Vol.11, p. 53. ^J. M. Morion, Vol. II, p. 09; Leon Sloss, Vol. II, p. 91; H. V. Fletcher, Vol. II, p. 100; (jleorge H. Tenijile, Vol. II, p. l.'SS; (ius- tiivu N'iebuinn, Vol. II, p. 77; Johu Ariustroug, Vol. II, p. 2. Vol. II, p. 145. mim^- 150 MANAGKMHNT OF THK SEAL ROOKERIES. %i f ISiSi. ilil i: Control niMi do Sevonil other Pribilot' islanders ami wliite men uic'stif Islands, but the need of strictly conforming thereto is fully realized as a means of preservation of the species. Karp Buterin, the chief of the natives on St. Paul Island, who was born on the islands, and is the most intelligent of the natives,* says: "I know, and we all know, if we kill cows the seals soon die out and we would have no meat to eat; and if anyone told me to kill cows I would .say no! If I or any of my people knew of any- one killing a cow, we would go and tell the ' Louis Kiniiuel, Vol. II, p. 173; George Wardmaii, Vol. II, p. 178; H. G. Otis, Vol. II, p. 86; Anton Melovcdoft', Vol. II, p. 142. ■Vol. II, p. 72; Danii^l Webstor, Vol. II, p. 181. .1. C. Re.lpath, Vol. II, p. 149. ' Vol. II, p. 162. Unton Melovcdoff, Vol. II, p. 139. •Milton Barnes, Vol. II, p. 102. s»m-J>«f, '■•?¥■' m: Ifii"-.,: 'iFvi' Sl'l^' A\ 152 MANAfSKMKNT OF THE SKAL ItOOKKlilES. The killiible class. I'rotoction ()i(}(»verniiiciit ofHcer."' And Mr. C. L. Fowler, folUUluH. who lias been employed on the Lslands since 1870, says that nothing offends the natives quicker tlian to have a female killed.^ With the cofiperation of tlie natives, who alone do tlio driving and kill- ing, violation of this regulation is impossible. Another evidence of the strictness with which this rule is enforced is the testimony of furriers to the fact that the skins of female seals are never seen among those taken on the Pribilof Islands.'^ The class of seals allowed to be killed are the nonbreeding males from one to iive years of age which "haul out upon the hauling grounds remote from the breeding grounds."* The handling of this class of seals because of their separation from the "breeders" causes the least possible disturbance to the seals on the breeding grounds.® Disturbance of Besides this the most stringent rules have breediu^; seals. n -> i i r^ been and are enforced by the Government to prevent any disturbance of the breeding seals." Capt. W. C- Coulson, of the United States » Vol. II, p. 103. 'Vol. II, p. L'5. » G. C. Laiiipsoii, Vol. II, p. 565. See also favorable comment on tbe wisdom of tbis regulation in "Handbook of tbe Fisheries of New Zealand," p. 23(5. ♦J. Stanley Brown, Vol. II, p. 16; T. F. Morgan, Vol. II, p. 62. » J. Stanley Brown, Vol. II, p. 16; DanielWebster, Vol. II, p. 183. •Cbarles Bryant, Vol. II, p. 8; S. N. Buyuitsky, Vol. II, p. 22. ! .\i TIIK SKALS. 153 IJcvciiiie Maniio Scnico, who visited the IsImihIs Distmimiud of , » 11 . Illffllillg Nl'tlls. ill IHIK) and IHIII, says: "All hrearms were toiWiddeii and never liave l»een nsed on these isliinds in the killing and taking of seals; in fact, iimisual noise, even on tlie ships at anchor near these islands, is avoide'l. Visiting the rookeries is not j)erniitted only on certahi conditions, and !lu^ thing that might frightct the seals is avoided. Tlie seals are never killed in or near the n)ok- (lies, hut are driven a short distance inland to grounds especially set apart for this work. I do iKtt see how it is possihle to contUict tlie sealing process with greater care or judgment."' Fire- jinns are not permitted to be used on the islands from the time the first seal lands until the close of the season.^ The number of seals allowed to be kille^; ;...J,., . ^ . h i . '■■"I Pi' rr iiii 1:"! Numborkilled. (|ll«>ta of skills to 1)0 takcii illlHlJO.' 'Pile Gov- crnineut at oik^o roduciHl tlio nuinbci* tt» sixty tliousand aiul ordered tlu! kilHn;jf of" seals toceas.- on July 20.' The 20tli of July was fixed upon because in fonnor years the takinj^ of seals had practically ceased at that time, the breeding- grounds and hauling- {'•rounds being- \i\) to that time entirely distinct and separate, and because during the period from June 1 to July 20 the skins were in the nutst marketable condition.^ The killing- of a portion of the surplus male life is undoubtedly a benefit to tluj herd, as it iswitli other domestic and polygamous animals. For it haw alwa>'s been found that siu'h an act increases the number of the prog-eny.' The American Commissioners also demonstrate by the diagrams attached to their report, vvhitih are explained in the body of the document, that a large portion of the young male seals can be killed without reduce ing or affecting the normal birth rate.* The United States Government formerly allowed the natives to kill a few thousand male pups for food, but such killing has been prohibited.^ ' Vol. II, p. 112. « H. G. Otis, Vol. 11, p. 86. 'Leon 8I088, Vol. II, p. 92; GiiHtave Niebniim, Vol. II, p. 77; J. C. Uedpiitli, Vol. II, p. 152. ■• Report of \meri('!!U Horiujj Sea C'oinniisHioiiers. pout, p. 356. •.I. Stanley Blown, Vol. II, p. 18; see Regulations, Vol. I, ]>• 103. ri!"i 1, 1 TIIK SKALS. 155 Vol. II, p. 77; Tlie maimer of takini^ Meiiln on tlie islands is Mimncr of uk- condv.ctetl with tlu* ^^'fatest care and jn'ceaii- tions' and is direftly under tiio supervision of tlio Government a^^'ents." Tlie metliods omploytMl have been the same for twenty years,' without variation/ and it is the universal testimony of all a('(iuaiuted with the methods emjiloyed that they ean not be improved uj)on.'' The natives, who are the only persons who ever drive or JiMudle the seals," start out between 2 and G o'clock in the morninj»' when the weather is cool and there is the least liability of overheating- the seals;" separatin<4' a small herd of bachelors from those occupying- a hauling grouiul they . 209. 'W.B.Taylor, Vol. II, p. 176. ' S. X. Hiiyiiitsky, Vol. II, p. 21. • Daniel Webster, Vol. II, p. 182. :M 15() MS^NAGEMEXT OP THK SEAL ROOKERIES. Diiviug. jfit' Kusliiii, native priest on St. Pnul Fslaiu], Hays: "The H^ils are never driven at ;i jrreatei" speed than one mile in three lionrs; and the men wlm do the (invinji- have to relieve each otlier ecauHe they travel so slow thcx j;et verv i(.id."^ Other native seal drivers and oftieials on the islands also speak of the slow- ness of tiu driAnuig.- At suitable intervals the herd is halted and seals of tlie uumarketahU^ age are allowetl to separaite themselves from the rest Mid return to the water. ' Tlie g-reatc-st care lias siilTrays been takoi not to overheat the animials rluring a "di'ive," bwtause the etfect is very iiiiurious.^ Louis Kiinmel, assistant Treasury ftjyent in 1882 and IH^fo, says: "In everv caiHe of a seal beint>- killed on the 'drive' I, as < JoverruiM^nt ag"ent, imposed a tine in order tJisit xiH'v iiii»::kt be more careful in the future/' Fre(pienT sToj>f- are made to allow the seals to rest an(), ^ V.)I.1I, II. 178. '■ Vol. II, p. 21. 1, "v.iT fT Bl Ovordriviiiu; aisil ii'Jriviii}'. 158 MANAGKMKNT OF THE SEAL ROOKEUIES. Driving. fvre saved.'" TUe sanu' stateiiieiit as to tlio re- inu\al of the skins is stated by others, tlie skins hein*^- counted in the quota allowed to the lessees.- In tact it may be questioned wlietlier any seals are ever killed on a ''drive," except now and then one by sniotherinf;-.' The effects of overdriving- and rechM^'in*-' (tliat is, the re])eated nlina' ground is unmolested for several days and the seals let go from the killing groimds, retui-ning to the same hauling grounds as is '^u^y habit, ha\(', tlierefore, several days to rest .aid recu- perate Ijefore undergoing whatever extra exertion is connected with being dri\en.^ Certainly no male seal thus driven was ever seriously injured or his virilitv atl'ecteil 1)\- such redrivin <>•.-' Mr. John Armstrong, who from 1877 to 18.s(! was the lessees' agent on St. Paul Island, savs: "The dri\ing gave them, with rare exceptions, very ' Vol. 11.11.72. Sf.'iilso A. IM...ii(l,\'..l. II. i>. :W. ' (iforj^c Wiiiilniiiii. N'ol. II, (i. ITS; Suiiiiit'i l''aI<'om'r, Vol. II, p. ItiL'; .lolm Fratis. \<(l. II, i.. 107. ' .loliii Frill !,•*, Vol, II, |i. 107. < Daniel Wel.ster, Vol. II, ]>. 182. "A. V. Loud, Vol. II, ]>. ;{8; Cliarles I'ryant Vol. II, p. S; ncoijro Wimlmaii, Vol. 11, p. 179; Daiil.l Wel.slir, Vol. !l, p. IS'.'. THE SKALS. 159 little iiioi'o exercise than they sii)))eMre(l to take Ovcnhivingiina rt'driviiig. when left to themselves."^ Anton Melovedotl', ;ui edueated native of St. Paul Island, and for seven years Fir.*?t Chief on the island, after stating the fact that l)efore the American occnjwtion the seals were driven sometimes twelve and one-half miles, says, " No one ever said in those da^•s that seals were made ini])otent by driving-, although loii^- drives had been made for at least fifty years."'"^ j\Ir. Sanniel Fah'oner, in speakinji- <>f this questiim of redrivinji^, says : " When we con- sider that the bulls, while battli)igon the rooker- ies to maintain their })ositions. cut great jrashes in the tiesh of their necks and bodies, are covered with j^apiiif," wounds, lose great quantities oi blood, fast on the islands for three or four months, and then leave the islands, lean and covered with scars, to return the folloAvinjr season fat, healthy, and full of vigor to go through again the same mutilation, and repeating this year after yeai-, the idea that driving or redri\ing, which can not possibly be as severe as their exej-tions during a combat, can atiect such uneciual \iii'or and "3 virility is utterly })reposterous and ridiculouc Capt. Moulton, after eight years' experience on the 'Vol.11, p. 1. 'V..1. II. p. 142. ' Vol. II, i». 162. Seo also Daniel Wcl.stpr, Vol. II, p. 183. !(•>() Ovcnlriv ifdriviug. MANACEMKNT (IF THK SEAL UOOKERIKS. iiigami islands, states it as liis ()|)iiii()n that even if a seal was (Iviveu twelve successi\'e days for the aver- a;;e distance between a haulinj^ j^round and a kil- linj^- j^nmnd, its virility would not be at all inij)aired.^ Mr. ^^lylor says in relation to injury to the reproductive powers of the male seals "it would at once be noticeable, for the impotent bull would certaiidy haul up with the bachelors, havinji^ no inclination and vigor to maintain him- self on the rookeries."^ The same methods of driving- are employed on the Commander Islands, and the rookeries are smaller, necessitating- more redrivinj^ and the drive on Copper Island takes often a day g"oinj^ over a ridg-e seven hundred feet high; and yet this 5lands, has been carried on ajici for over fifty years^ is sufficient evidence that redriving does not injure the reproductive force of the male seal.^ All the drives on the Com- jnandei" IshuKls a^e rougher and more severe than on the PribiHof Islands.^ That this injury to the male portion of the herd has not occurred is evidenced by the testimony of many on the islands in later years,' and Mr. Kedpath, resident ~~n/ol. II, p. 72. »V()1. !I, p. 177. 'C. K. Eiiiil Krelis, V(.l. II, p.lSW. 'pi<>v.MiH'iit 1 over i;ii'>->iaii iiii'th- marked in this particular, for in 1873'' horses and'"*'^ ..i takin-. mules were introduced by the lessees to transi)ort the skins to the salt houses, previous to which time all this labor had been done by the natives, who were the sole beasts of burden on the islands:^ and, therefore, the killing- gi-ounds were ]iii;ited nnu'h nearer to the haiiliny grounds than \ ol. II, p. 151. .1. II. Moiiltoii. \(>1. 11, \>. 72: )>inii<'l Wcli-lci. XiA. II. ii. 183. 'Cliiirlt's lin-iitit. \(il. II. i>. s. ' l.citiT tVcini Chi«r .Miiniitfi T I'liiiiliclni to l li.' IiumhI ol Admin is. tiMliou ((!' ihc Uiissiuii .ViiiciiiMii ('iiiii]i;in> . il:il<'il .liil\ 111. ISIl:;. 27it) 21 r ^s :-*.r- ( nV h .HIS- m %< f-fJk w ^\''i^- 1(12 MANA(ii;Mi:N r of TIIK SHAK UOOKKRIKS. iiii|iii:ii; iiictli- (Mts <>l taking. \ i(lt'(l.' AlltOll Mc'lovodort' stiltcs that "ill tile liussian times, beU>re l.SOS, the seals were ah\ ays driven across the ishmd ot" St. Paid t"n»ni NOnli East ]^>int (tlie hii'j^j-est of tlie rookeries) to the village salt house, a distance of twelve and oik- lialf miles, hut when the Alaska ( 'onnncrcinl Company leas(«d the islands tht^y stopped lonu dri\ in^' and built salt houses near to tlie hauliiiu grounds, so that by 1S7!> no seals were dri\( ii more than two miles."'" Other natives who were on the islands nnder both American and liussian control also speak of the shortenino- of the drives by the Atnerican lessees.^ Under these improM- ments the killing' season Avas reduced from three or four months under the Knssian occnj)ation to thirty or forty days,* showing- how mucli Anieii- can management has facilitated the taking' of seals and reduced the number of davs of disturli- ance to the herd. Kerrick Artomanoff, a native born on St. Paul Island sixty-seven years auo, and who has driven seals for fifty years and \v;is chief for seventeen years, says: "The methods '.J. IF. MouUon, Vol. II. j.. 72; Cliailes r.i.v.iiil, Vol. II, \>. H; H. n. Moliityre, Vol. II, i). 4,".. "Vol. II. p. 14-'. •Wfl-iii' Kn.sliiii, Vol. II, p. lL'!t; Karji lintiiiii. Vol. II. ]i. I'M: Daiiii'l Wchsl.T. Vol. II. )). ISL'; .J. C. l{cil|ialli. Vol. II, p. l."'ii; Kerrick AitomanolV. \«>1. II, p. !i!l. M. Stiiiil(\v Urowii, Vol. II, p. 18. lift.,' .lift THE SEALS. 1G3 and lurd ])v tlie Alaska Coniiuercial Company and improvotiHiit tlic American Government for the care and prcs-"^''*"' tii'^'ny- ( r\ Mtion of the seals were nmch better than those iiscil by the Russian Government."^ When a "drive" arrives at the killing g-ronnds Killing, tlic animals are allowed to rest and cool off; then tIkv are divided into groups or "pods" of from Twenty to thirty;' the killable seals are carefully si'lcctod, those of three and four years being pre- tcii'cil; ' the killing gang then club those selected, ;ill(i\viiig the remainder to return to the water. The skins are removed from the carcasses,. Saltinj kciiiLiiiy. cnimted by the Government agent, salted and packed in "kenches" at the salt houses. The t1">h (»f the seals is taken by the natives for f(M.(l/ I uder the Russian management many skins were lost through the drying process, and also tidin the glutted condition of the Chinese market, where the greatest number of the skins were (Hsposod of l)y barter. Bishop Veniaminof says (vol. I, p. 290) that "in 1803 eight hundred thou- ' Vol. II. p. !t9. ■Daniel Wol.stcr, Vc.l. TI. ]>. 1S2. •H. II. M.liityri', Vol. II. p. .-.7; J. Stanley Brown. Vol. II. )). Ifi. ' Letter of Cliicf -M.-iniiK'T i'luiiliclm to the l'o;ml of Adniinis- triiiion ot tliH li'nssiiiu Anieiieiiii Company, liated July l(i. lSt;;{, \n|. 1, |). JSS. A fnll .lecount of tlie method of diyiiij,'. s.iltiiiLr, ;ni(l |)iicUing the hkius in };iveu by Dr. II. II. Melutyre, \ol. II, p. .'(T. Improvfmenf in tiealiiiji the skins. mm 5Ji li;i:. 1G4 MANA(JEMKNT OF THE HEAL KOOKKKIES. iiiipn.v.'iiioiit in sand skins had accunnilated, there being- no prof- ti'outiug thcHkiiis. _ itable sale for tlieni at Kiakhta (tlie (Chinese market town), and besides a hu'ge proportion of tlie skins became spoiled, and more than seven hundred thousand were burned or thrown intd the sea." But under American control all skins are salted, as will be seen by an examination of' the London Trade Sales, and there is no waste, iiicrciiso. Under this careful manag-ement of the United Stiites Government the seal herd on the Pribilof Islands increased in numbers, at least up to the year 1881. This increase was readily recognizeil by those located on the islandt:.' Capt. Bryant says that in 1877 the breeding- seals had increased to such an extent that they spread out on the sand beaches, while in 1870 they had been confined to the shores covered with broken rocks.' Mr. Fal- coner mentions the fact that in 1871 passag-es or lanes were left by the bulls through the breeiHng grounds to the hauling- grounds, which lie ol)- served to be entirely closed up by breeding seals in 1876,' and in this statement he is borne «>ut by the testimon}- of Dr. Mclntyre.* It must hn remembered also in this connectii:chi:a8e. 165 liiiiidrcd iuid forty tlioiisiiud inid«^ seals had been lueicaso. destroyed in iSdS, and that this increase took place in s[)ite of that shiuj^liter anni/ed has been already mentioned in con- nection with the(jnestion ofestimatin*^- the nnmher of seals, and is best shown b\' the charts marked A to K,' which have been verilied l)v those most faniiliar with senl life dnrinj^- that period (1870 to iSJSl).'' That this increase in the seal herd was uii(loubte. 20. 11. II. Milntyrc, Vol. II, p. 11; ('liarlcs liryant. Vol. II. p. 7; T. 1'. .Miiiu:iii, Vol. 11, p. (il; Saiiiiicl I'alfontM', Vol. II, p. 107. M. ('. (':mt\vell, N'ol. II. p. l(l«: II. (i. Oti.^, \'ol. II. p. 87. .1. Stiuilcy ISiown, Vol. II. p. 18; .). II. Monlton, Vol. II, p. 71; H.A.liliddin, \'ol. U. p. lO'J. V V '^ II" 166 DKCREASr: OF I'lIK ALASKAN SKAL lU'.KD. Period oi .stag-pcrccutihli^ (IcHTCfisc iiotici'd ill the seal liord at iiiitiiiii, tlio islnuds,' iuid in \X^f) tlic (Iccivasif was markod in tlio iui«j;ratin^' licrd as it })assL'd ii|t aluno' tlie Anicrican coast, botli by the Indian hunters alonu" the coast'- and by white seal huntei's at sea.' Since that time the decrease has become more evident from year to year, botli at the rookeries^ and in the waters of tlie Pacilic Ocean and lierin\. II. 11. :;;it. ^K. \V. I.ittl.jolin. \ol. II.).. 157; A. McLean. Vol. II, p. 137. ■».). il. Donglas.s, Vol. II. ]>.4n); M. C. Erskim-, Vol. II, p. 422; N. Maii(lr,-i;iii. Vol. II. p. 110. '*Jain(!s Kcmicdv. \'id. II. p. Il!l; I'liarlcs LutJeiiH, Vii('C's now cuvcrtMl 1»\' scjils iirc on I'ribiloC 1h1- iimlM. iiiiicli less ill area tluiii t'oi'iiu'rly, iiiwl tluit a iiiiii'kiMl yejn'ly decrease is sliown to liaM' tiikeii |)la('e (liirinj)' tlie last iive or six years.' Karj) Huterin, native chief" of the St. Paul Islanders, \\li(» has li\ed <»n the island all his lite, sa>s: "IMenty scliooiKM's came lirst al)out ei-, 'No cows! no C(»ws!"- Dr. Williani S. Ileret'ord, who was resident jdiysician on tlu^ Prihilot" Islands from ISSO to 18!>1, inclusive, sav It IS an indisputable fact that lai't^e portions of the hreeding' rookeries and hauling' grounds are hare, where but a few years ago nothing- but tlie hai)py, noisy, and snarling seal families cou Id 1 )e seen . " '■> and iMr. A. I'. Loud, assistant Treasury agent on the islands from ISHo to ISSi), tl savs tliere was a ver\- marked decrease ni Idc tlic si/e of the breedin<>' uronnds from iSSf) to r !-<■ I-S-Sij." (^ipt. Conlson, of the United States Revenue JMarine, who cruised in IJei'ing Sea in 1870, IS'JO, and IS'JI, also menti(»ns the fact that the decrease in one yeai- (ISDO-'IH) was K'cjxirl of Aiiici'icMii ISiTinj;' S( .-I ('iiiiiiiiis>iiiiifrs. /n/.s/, '.10. K;ii|il!iiti-iiii, Vol. 11,1). !•'•*; Si'talsoC. I.. Kowlci, Vol. IJ, p. 23. Vol. 11,1.. :)(i. I Vol. n, p.:38. BMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I !rfllM ilM 'i' IM IIIII2.2 Z 1^ IIIII20 1.8 1.25 1.4 1.6 -^ 6" — ► Photographic Sciences Corporation f\ iV ^ s? een expert seal hunters and have through their industry acquired nuicli proi)erty" and are among the few civilized a' /orig- inal tribes of North America, testifies to the decrease in the seal herd.* Hastings Yethow, jui old Indian residing at Nicholas liay, Prince of Wales Island, who has hunted seals from boy- hood, says: "Since the white men with schooners began to hunt seal off Prince of Wales Island, the seals have become very scarce and unless they are stopped from hunting seal they will soon be all gone. If the white men are permit- ted to hunt seal much longer the fur-seal will become as scarce as the sea- otter, which were quite plenty around Dixon Entrance when I was a boy. The Indians are obliged to go a ' Vol. H,p. 432. » (i. Fogcl, Vol. n, p. 424; G. Isiiiusoii, Vol. U, p. 410; .Iiiiik.- Slotiii, Vol. II, p. 477; J. D. MelJonuhl, Vol.II,p.2GU; LoitiiC'iilli i. Vol. II. p. H21. ' Vol. II, p. Win. * Ibid., pp. 377, 378. EVIDENCE OF DECREASE. 171 loiiy way for seal now, and often return after two aioiik tiHMOimt. or tlirce days' hunt without any.'" George Skuhka, chief of the Hyda Indians at Uow- kiiii, says: "There are no seals left now; they i.iv most all killed off."=^ Cliief Frank, Second Ciiief of the Kaskan Indians, states that "fur seal arc not as plenty as they used to be and it is liind for the Indians to catch any, ' and closes his testimony with the words, "there is one thing ccitain, seals are getting scarce."* Thomas Lowe, a seal imnter belonging to the Clallam tiihc, Vassili Feodor, a native hunter of the vil- lii«^e of Soldovoi in Cooks Inlet, and many other hiiliims Hving along the coast from the Straits (ttJuan de Fuca to Cooks Inlet, make the same iiss( ition.* That this decrease, in respect to which the evidence is so unanimous from every point of observation, was not caused by any cliiiiige in the methods employed on the ishmds lijis ah'eady been shown by the testimony of munerims reliable witnesses, who prove that ' Vol. II, p. 303. See also Chief TboniHS Skowl, Vol. II, p. 300; Smith Xntth, Vol. II, p. 299; Nusbtou, Vol. II,p. 29«; Robert K.M.kn, V.)l. II, p. 296. Vol. II. p. 290. •Vol. II, p. 280. ' Allred livinjf, Vol. II, p. 387; Circus.Iim (Neab Bay), Vol. II, p. 3Kll,:Wl; Wi'ckeiiniicHch (Harrliiy Soiiiwl), Vol. II, i>. 311; Miutiii siiiuii.v (Sitka Hny), Vol. II, p.2t»8; KinkooKa (Vakiitat Hay), Vol. II. I>. 240: Mik<^ Ki-tlnmiliick (Sitka Hay). Vol. II, ]>. 2n2; Eclioii (Sli.ikiiii) Vol. II, p. 280; Siiiieou Cbiii-koo-tin (Sitka Buy), Vol.11, 172 DECREASE OP THE ALASKAN SEAL HERD. Aioug the coast, tliere WHS 110 cliaiige ill the muiiner of liaiuHiii;f and takiii<^ the seals in the hist decade from that employed in former years, during which the seal herd materially increased.^ CAUSE. T.iifk of male I i I'l' nut tbo cuuse. "%m^yy k-M>St^. N Nor was this marked decrease chargeable to the fact that there were not sufficient males to serve the females resorting to the islands.^ Mr. J. C. Redpath, already quoted as one thoroughly familiar with seal life on the islands, says: "A dearth of bulls on the breeding rookeries was a pet theory of one or two transient visitors, but it only needed a thorough investigation of the rook- eries to convince the most skeptical that there were plenty of bulls and to spare, and that hardly a cow could be found on the rookeries without a pup at her side."^ Karp Buterin, Head Chitf of the natives of St. Paul Island, says: "Plenty of bulls all the time on the rookeries, and plenty bulls have no cows. I never seen a three-year- old cow without a pup in July; only two-year- olds have no pups."* Agent Goff particularly testifies that although the lessees had much difii- K4tite,j). 164. 2. J. Stanley Brown, Vol. II, p. 18; Anton Melovedott", Vol. II, p. 142: Daniel Webster, Vol. II,p.l8l. 3 Vol. II, p. 151. *Vol.II,p. 104. CAUSE. 173 )vedott', Vol. II, l>. ciilty to procure their quota in 1889, a sufficient i-ack of male lififl uot thf caime. number oi males were reserved for breedinar purposes.* Col. Jose})li MuiTay, assistant agent on the islands in 1890, and still holding that p<»sition, says: "I saw nearly every cow with a pu^i by her side and hundreds of vigorous bulls witlout any cows,"^ And this statement is sup- }t(»rted by Mr. J. Stanley Jirown, who was on the islands in 1 891 .^ Maj. W. 11. Williams, the pres- ent agent of the United States Government on the Pribilof Islands, and who held that position in 1891, says: "During the season of 1891 nearly every mature female coming upon the rookeries gave birth to a yoimg seal, and there was a great jrhundance of males of sufficient age to again go upon the breeding grounds that year, as was sIk^vu l)y the inability of large numbers of them to secure more than one to five cows each, while (piite a number could secure none at all.* Aggie Kusliin, for several }'ears assistant priest in the Greek Catholic Church, and resident on St. Paul Island since 18(J7, says: "'We noticed idle, vigor- ou ' vdls on the breeding rookeries because of the scarcity of cows, and I have noticed that the cows have decreased steadily every year since 1886, ' Vol. I r, p. 112. « Vol. II, ,..74. » Vol. II, 11. u. ••Vol. II. p. 94. m^r^' M^it'P :74 D?:(IJK.\SK OK THE ALASKAN SKAL HKRD. ^n>^. *«. m^:\ -.rSlHt m m m ei Luck of III II I. hut nmre i)articiil{irlvso in 1888, 1889, 1890, tuul ife luil tin- caiiHO. '■ ISiU."' And tlio fact tliat tlie conflicts took plare between tlie l>ulls on tlie rookeries in 1890 and 1891 is snlHcient to show tliat virile males were not lackinj^-.'-' It lias also been shown that the decrease in the seals took place primarily among- the female portion of the herd. RnidH on rook- Haids Upon the rookeries, or the unlawful killing" of seals on the islands by unauthorized persons, thongh injurious to seal life,^ have plaved no important part in the histoiy of the rookeries, and the few thousand skins thus secured never a fleeted the number of the seal herd to any extent.^ The Auierican Coimuis- sioners, after asserting- that the number of seals killed by raiders is very inconsiderable, continue: "It is also difficult for one familiar with the rookeries and the habits of the seal to conceive of a raid being made without its l)eioming- known to the officers in charge of the operations upon the islands. The 'raid theory,' therefore, may be disniissed as unworthy, in our judg-Micnt, of serious consideration."^ Mr. Stanley ' Vol. II, p. 128. S.'.) also John Fratis, Vol. II, p. 109; H. N. Claik, Vol. II, 1). 15!t; Kaniel Webster, Vol. II, p, 181. -Kcpoit of .Vnierican Ht-iiug Sea Coninii8Hioner8, j>08(, p. 349. •H. H. Mcliitvre, Vol. II, p. 46; T. F. Morgan, Vol. II, p. 65. *\\. H. Taylor, Vol. II, p. 177; .J. H. Moiilton, Vol. II, p. 72; H. H. Mcliityre. Vol. II, |). 46; Afrgio Knsliin. Vol. II, p. 128; Jolm Fratis. Vol. II. p. 1(»S. '''Kc|>ort of Aiiierii-aii Iteriiig Sea C'oiiiiiiisHioiiert),po8/, p. 378. CAIISK. 175 Ikown, in coiisidirinir tliis (lucstiini, ami at'tcr m Kiu.Ih nn nM.k uricHiiot the cause. cjireful oxamination of tlio statistics relatin*^ thereto, says: "The inli<^sj»ital>l(' slioros, tlio exjiosure of the islands to surf, the unfavorablo climatic conditions, as well as the ))resenco of the natives and white men, will always prevent raids upon the islands from ever bein*^ fre(|uent or effective."' A further evidence of the infre- f|uency of such niaraudinill>ronnor's stjUcint-nt, Vol. II, ])j). 112-127. 'Tivasiiry nt'partnu'ut, stiit«'nn'iit olrnids, \'ol. II, p. 519. e waters adjaccut to the iHlaiuls; in ivinKi« Healing tli«- aule cuiiHu. iitlur words, the sole cause of the present depleted (onditlou of the Alaskan seal herd is th e re tt ult t^it- open-sea sealinj^. This is shown particularly iroiH tin; fact that the decrease has been prin- cipidly in the female portion of the seal herd/ wliirh will be shown later to form from ei«^hty to ninety per cent »>f the [)ela<1 by them, posf, p. 311 ; Kiirj> Hiiterin, Vol. II, p. 103. ■Iteport of American Herin); Sea Conniiissionei's, ;)o«(, p. 367. 'h'e|Mirt of the American lo«<, p. 379. * Artielc J.y Dr. Allen, Fart III, Vol. I, p. 410. i>71(j 23 -h '>:.^iv "in ,«.^- __• %m m I ^5;:i 17S DECREASE OF THE ALASKAN HEAL HERD. Experta. tho 8ole CRUso of tho decrease to bo pelagic seal- ing.* Cnpt. Daniel Webster, already mentioned, and one of the most, if not the most, expe- rienced white man in seal habits and life, after mentioning the increase of seals from 1870 to 1880 and the rapid decrease from 1884 to 1891, says: " In my judgment there is but one causo for that decline and tho present condition of tiio rookeries, and that is the shotgun and rifle of the pelagic hunter, and it is my opinion that if the lessees luul not 'aken a seal on the islands for the last ten years we would still find tho breeding grr.unds in about the same condition as they are to-day, so destructive to seal life aro the methods adopted by these hunters."' Dr. W. S. Hereford, wivh eleven years' ex[)erience on the seal islands, says : " I made the conditions of seal life a careful study for years, and I am firmly of the opinion their decrease in number on the Pribilof Islands is due wholly and entirely to hunting and killing them in the open sea."* Charles F. Wagner, who was located at Unalaska in 1871, and has been a fur trader since 1874 to the present time, says: "I am >T. F. Morgan, VoL II, p. 65; H. H. Molntyre, Vol. II, p. 46; Gu»- tave Niebanm, VoL II, p. 203. »VoLII, p.184. 'Vol. II, p. 36. CAITftl!. 179 sine the decrease is caused by the killing of Export*, tc'iimies ill the open sea." * (It will be shown Infer in discussing the method and catch of open- sea sealing vessels that a large percentage of tho seals thus taken are females.)'* Prof. W. H. Dull, tlie well known scientist and author, says: "It is «'\ ident that the injury to the herd from the kill- ing of a single female, that is, the producer, is far LTeater than from the death of a male, as the seal is polygamous in habit; the destrucLlop to the herd, therefore, is just in proportion to the de- struction of female life. Killing i i the open Witters is peculiarly destructive to this animal." X large number of Indians along t) e I'ucific coast from Oregon to the passes of the Aleutian Islands, whose dei)Ositions are appended hereto, sue unanimous in declaring the cause of decrease in the seal herd to be open-sea sealing as it has hecn conducted for the past six or seven years. Evan Alexandroff, priest at Soldo voi in Cook's Inlet, unites with several native seal hunters of tliat locality in stating that "fur-seals were for- merly much more plentiful, but of late years are l»k ioming constantly scarcer. This is, we think, owing to the number of vessels engaged in hunt- ' Vol. II, p. 212. Tott p. 196. »W. II Uall, Vol. II, p. 24. Indian luinten. g!ir,i!j«j|r ';lMl'.r'lil 180 DECREASE OF THE ALASKAN SEAL HERD. ^ ^ Indian hunters, ing them at sea."^ Nicoli Apokche, a uati^'e fur trader at Fort Alexander, Cook's Inlet, says: " Fur seals were formerly observed in this neigli- borhood in great numbers, but of late years they have been constantly diminishing, owing to the large numbers of sealing vessels engaged in killing them,"^ and his affidavit is signed by several other natives of that region engaged in seal hunting. Peter Brown, the old chief of the Makah Indians, already quoted, says : " White hunters came here about five or six years ago and commenced shooting the seals with guns, since which time they have been rapidly decreas- ing and are becoming very wild."^ Ellabasli, another Indian of the same tribe, confirms this statement in the following words: "Seals an* not so plentiful now as they were a few years ago. They began to decrease about five or six years ago. A good many years ago I used to capture seals in the Straits of Juan de Fuca. but of late years, since so many schooners and white men have come around here shooting with guns, that only a few come in here and we do not hunt in the Straits any more. I used to catrh forty or fifty seals in one day, and now if I git » Vol. II, p. 229. *Vol. II, p. 224. » Peter Brown, Vol. II, p. 378. CAUSE. 181 six or seven I would have great luck. I have to imiian ijuutere. jro a long distance to get seals now. Seals are wild and afraid of an Indian. They have become so since the white man and the trader l»('«»an to shoot them with shotguns and rifles. In a short time there will be no seals left for the Indian to kill with the spear." ' Watkins, also a a Makah Indian, who has hunted seals for forty yvM'H in a canoe off Cape Flattery, after men- tioning the decrease in the seals, says : "So many schooners and white men are hunting them with guns all along the coast that they are get- ting all killed off"." " Many other members of the same and other tribes also add their testimony tliiit the cause of decrease in the migrating hcM'd is due to pelagic sealing by white men. ^ Numerous pelagic sealers also, in spite of their White se.iinrs. interest being contrary to such a conclusion, ad- mit, not only the decrease in the number of sf^als, but that such decrease has been caused by those ongag"id in their occupation. Frank Johnson, for tun years a seal hunter, on being asked the ques- tion to what he attributed the decrease, rej)lied: "The increase of the fleet and killing of all the 'Vol. II,1>.8«5. 'Vol. ll,p.3!)5. 'Islik;i,V();.II,p.388; WiHpoo, Vol. 11, p. .397; Oeorpc La Check, Vol. II, p. 2(k>; .liiii KjiHooh, Vol. II, p. 21Mi; Kiug Kuskwu, VoL 11, p. 21)5; Ptriy Kahiktduy, Vol. II, p. 2G1. m 182 DECREASE OF THE ALASKAN SEAL HE^D. s-f '!? i p ii M in-i B-»"t;., whiti'scaiera. feinjiles," uddiug that if continued the seal herd w<»uld soon be exterminated.^ Alexander Mc- Lean, the well known sealing captain, accounts for the decrease as being the result of killing the female seals in the water, and there is no chance for the seals to increase because so many vessels are going into the sealing business.'^ Daniel McLean attributes the decrease to " killing off the females."' He is supported in this statement by H. Harmsen, a seal hunter of many years' ex])erience;* Niles Nelson,® Adolphus Sayers,^ and others engaged in the same occupation.^ William Hennann, who has been a seal hunter for more tlian a decade, says: "I think tliey (the seals) are decreasing on account of their being hunted so much."* William Mclsaac says: "I think there are so many boats and hunters out after them that they are being killed off; they are hunted too imKih."" William H. Long, a captain of a sealing vessel, takes the same view of the > Vol. II, ,>. 441. "Vol. II, i>. 437. "Vol. II, i>. 441. .470. •VoLII,i>.473. TPeteitJolliiiH, Vol. IT, p.413;JamesKieniaii, Vol. II, p.450; Qm- ta ve iHaacsoii, Vol. II, p. 440. •Vol. II. p. 446. •Vol. 11, p. M51. CAUSE. 183 matter,' as also many other sealers do.^ Others wmto sealers. loss intimately acquainted with the business of open-sea sealing, but from experience and knowl- edge of seal life qualified to judge as to the cause of decrease , unite in casting the entire blame ui)ou the pelagic sealing industry.^ Agent GofF, in speaking of pelagic sealing, says: "If con- tinued as it is to-day, even if killing on the islands was absolutely forbidden, the herd will in a few years be exterminated."* This unanimity of o])inion, as expressed by every class and condi- ti -3 rlflHi m OWffi^f«uau|| rail li"i'! H 1 m 1 inrrciiHo of seal- sources,^ the vGssels had increased from two in iiig llutit. 1879 to sixteen in 1880 ; up to 1885 the number of vessels varied from eleven to sixteen ainuuilly. Besides this it will be shown, subsequently, that the hunters employed on these vessels during the period from 1880 to 1885 were principally Indians, and that their method of taking seals, though injurious, is not nearly as destructive of life as that employed by other hunters. In 1886, the year when the decrease in the seal herd was first noticed along the coast, the fleet increased from fifteen vessels to thirty-four, and over thirty-eight thousand skins were known to have been secured that year.^ In 1887 there were forty-six vessels engaged in sealing, but a less mnnber of skins were taken. In 188S, owing to the seizure of several schooners in Bering Sea by the United States Government, the fleet fell off to thirty-nine vessels, the catcli being about thirty-seven thousand.'' No seizures being made in 1888, the fleet increased again in 1889, numbering sixty-nine vessels, with a total catch of over forty thousand.* Vessels having been seized in 1889, the number again fell oft' in 1890 to sixty, but the catch increased to nearly > Table of sealing fleet, Vol. I, p. 59L • Report of American Itering Sen ConimiBBioneTH, j)08(, p. 306. ' Report of Aineriean ISering Sc-a Coinmisaiouers, post, p. 366. * Ibid, post, p. 366. CAUSE. 185 (iflv llioiisaiul.^ In 1800 the scalers were unmo- iiur.MMorseiii- iiiy; llcL't. lestt'd, ami so in 18D1 the number of vessels was uciirly uble(l, reaching- the enormous figure of one hundred and fifteen," but the cateh, because (if the ever-increasing- scarcity of the seals, rciiched but sixty-two thousand five hundred.-* The agreement l)etvveen Great Britain and the United States in relation to pelagic sealing- in IVriiig- Sea in 181)2, and the orders to naval \essels pursuant thereto, have not been of such a nature as to invite investment in the sealinj^ tleet, and yet, in s})ite of the restrictions imposed and dangers incurred, the fleet of sealing- vessels tor 18'J2 is known to contain at least one hun- (h-('(l and twenty-three,'' which is below the actual mnnber, as und. L>L>(). It is jivdliable that the various animal catches jjivoii are much tun siiiall, as it has brcii must diflicult to obtain data uuil stutia- tii-s in this I'esiH'ct. 1>71({ 24 W.'.^ .M Ir »!■!-: I 186 DECREASE OF THE ALASKAN SEAL HERD. Increase of seal- rule, enter Beriuff Sea.* William Parker, for iug fleet. ^^ . . ten years engaged in the sealing business, sajs : " There was hardly ever a sealing schooner tliat went to Berhig Sea during these years (1881- 1884) or prior to 1885."^ John Mon-is, a mate of a sealing vessel for several years, says : " Pri( »r to this (1885) I had never been in the Beriuji- Sea, and with but few exceptions sealing vessels did not visit those waters."^ These two fact.s, romparisoii oftlicn, are plainly shown, that when the sealiii;^' iicLieasc. fleet consisted of a small number of vessels, canying Indian hunteis, and the sealing was confined to the Pacific coast, no decrease took place in the number of seals; but all increase ceased when the sealing fleet increased in num- bers. The vessels being outfitted with white hunters, using firearms, and the hunting grounds extended so as to include Bering Sea, the de- crease in the seal herd became marked and rai)i^3. -Niels Hoiule, Vol. II, j). .31.5-3ir.; Moses, Vol. II, p. 310. 'Piitiick Mamiiey, Vol. II, p. 4G4; J. .Jainicsou, Vol. II, p. 329- SliO; Niols Hoiule, Vol. II. p. aitJ. Mmiiu's l)alj{ai"r nrowii, Vol. II, p. 377; Moses. Vol. II. p. 30!». ■ I'l port of Lioiit. .1. II. Qniiiaii, \'ol. 1, p. 501. Stf also A. B. AluxiiiiiU'r, Vol. II, p. 352. i >'^l 190 PELAOir SEALING. iM »r;i Ik iiuiiun huiitiTH. expert .s|»i'arsinen are the Makxh Iiulicaiia of Nonli liny, Wiisliin^^ton.' 'I'lie TiuUan, from liin inotliod of hnntiii*;-, loses very few seals that he strikes, securinj^ nearly all.* wiiito inint«^rH. 'Wi^ white liuutcr, on the contrary, loses a j)Teat many seals which he kills or wonnds. ' Each boat contains a hunter, a boat-steerer, and a boat-puller;* the hunter uses a rifle,** a shot- f^un," or both/ the shotjiun beinj^ loaded witli buckshot." A minute description of the methods emphtyed by both white and Indian hunters is j»iv(Mi by Capt. C. L. Hooper, commander of the United States reveinie steamer Convin, who was niiiny years in the watc^rs of the North Pacific and Heriiifi' Sea, and makes his statements from personal observation." RKSUI.T8. Waste of lifi'. There are two ways in which a seal may bo destroyed by this method of hunting- without ' A. R. AlexnnikT, Vol. II, p. 35'i. ^TlioiiiimZolnoks, Vol. II, p. 399; Osly, Vol. II, p. 391; Wntkiiis. Vol. II. |i. 89.-.. ■MaiiiL'S Kioriijui, Vol. II, p. ■l.-><); .T.Tiiies Konne. KiT; Gcoi-fjn Zaiiiniitt, Vol.11, p. 507. « L. V: Slu-i.unl, Vol. II. p. 188; Adolphtis Saycrs, Vol. II, p. 47:). 'Patrick Marouey. Vol. II. p.4&l; I'eter Collins, Vol.11, p. 111!. 8 Charles I.nl.jens, Vol. II, p. 4.->9. "Kt'port of Capt. ('. L. Hooper to the Troasnry |)c)iai-lni('iit, dated .Iiine It. lS!t2; Vol. I. ]>. 498. See also as to white liiniliis William linimaii, V<.4. II. p. :!(>(), :!til. RESl'LTS. 191 iM'infT aeoiivc*!; ono is by woiiiKling" it so tlmt, Wnstcttfiife, tlioiifj^li it still retains vitality enough to escape I'ntni the hunter, it subsefjuently dies of its iu- juries; the other is by the sinkinj^ of the seal, killed outrif^-ht, before the boat can be brouj^ht iiltnijfside and the carcass seized by the hunter. Of the first «>f these means of loss Dr. Allen w.um.iiug. siiys: "Those only wounded, whether fatally or otherwise, dive and escape caj ture. The less s(\ I'nHy wounded may, and in many cases doubt- less ;. ^i^m^'v t. vv.ittiniiiiK. tho «0!il liaviii<>^ inoro motion \\w luirriMitJi^c nf thoHi! killed (H* sfmiiuMl hy tlio shot is niucli less than when the sea is smooth;' second, the con- dition of the seal shot at, tor if breechinji-, tlic shot l)ein<;^ at the body is not as liable to paraly/c the animal, thoug'h it may bo as fatal as when the seal is asleep on the water with only a portinn of its head ex[)osed as a mark;- third, the skill of the hnnter is also to be considered;' iiiid fonrtli, whether or not the seals are wild iiiiil hard to approach, in which case the hnnter is from necessity comj)elled to fire at lon^' ranjic. The Indian hnnters, with their spears, who mic forced to approach much nearer the }^ame tluni m white hunter armed with rifle r ahot<,''un, sju-iik particularly of the increased timidity of the scmIs since firearms have been used in takinj^- tluin.' They also state that nnmy seals taken by tlitin have shot ind)edded in their bodies, '^ and some nw badlv wounded." This, besides beini^- evidence of the g-reat inimber wounded and lost, naturally ten number of inexperienced hunters engaged in sealing. It is only necessary, in order to show how much the unskillful outnumber the skillful hunters, to refer to the agreement entered into by the mem- bers of the Sealers' Association of Victoria, British Columbia, for the season of 1891; the portion of the agreement referring to this matter is as follows: "We also bind ourselves not to take more than three experienced hunters in tlie seal- ing business on each vessel represented by us, said hunters to be engaged at the scale or lay adopted by this Association, as hereinbefore par- ticularly described; and we also agree that all hunters required in excess of the three hunters above mentioned for each vessel shall be new lien at the business of seal hunting, and shall be engaged at the same scale or lay hereinbefore mentioned, and this clause shall apply to all ves- sels owned or controlled by the members of this Association, whether clearing from the port of Victoria or other ports in Canada or the United States, or any port where any vessel owned or controlled by any member of this Association may be fitting out for sealing on this coast."^ I See British Blue Boolt, U. 8. No. 1 (1891), C-6253, p. 82. 2716 ^25 ..h- ^^■■H. iisl^- 194 Wounding. Sinking. PELAGIC SEALING. The number of hunters thus allowed to a vessel is therefore about one-half the number of those actually taken on a vessel employing white hunters. Besides those lost by wounding, in many cases, others killed outright are not taken, because tin; specific gravity of the seal being greater than water^ it sinks before it can be secured.'^ In order to save as many of the sinking seals as is possible, each boat carries a gaff, ' with a handle from four to six feet long, with which to grapple the carcass, if the point where it sank can be reached in time to do so.* Of course in securing a sinking seal nuich depends on the distance from which the seal was shot, the condition of the water, whether rough or smooth, and whether or not darkened by the blood of the animal,^ as also the skill ot the hunter in marking with his eye the place where the seal sank. It can, therefore, be seen that the range of possible and probable lo.^s in case the seal is killed outright is certainly large, though not so great as when the seal is wounded. I Article by Dr. Allen, Part in, Vol. I, p. 409. ■' Thomas Rro\vn(N.t. 1), Vol. II, p. 31(t; H.'iiiliaidt Blcidncr, Vol. II, i». 315; John VV. Smith, v,,!. II, p. 333; John Woodruff, Vol. 11, p. 50<5. 3 T. T. Willinms, Vol. II, p. r.04; L. G. Shopard, Vol. II, p. 18S. *T. T. Wil'innis, Vol. II, p. r.04; Henry Mason, Vol. II, p. 4ti5; James Tt' those killed. to fix tlie actual immber of seals destroyed and ,)t secured by hunters using fire arms; but it is a conservative estimate to say that such liunters lose at least two out of every three seals shot by them. Charles Chalall, a seal hunter, says: "The average hunter would get one out of every three seals shot; a poor hunter not nearly so many."^ Thomas Gibson, a seal hunter, or engaged in the sealing business, since 1881, says: "An ordinary hunter would not get more than one out of every three or four that he killed."^ Daniel McLean states "that iibout one- tliird are taken;'" and Capt. Martin Benson, of the sealing schooner James G. Swan, says about sixty-six per cent, are lost.* These men are all hunters of long experience, and their statements place H are not only supported by many others,* but Q seen H numerous witnesses give the number lost at a e loss H nuich larger figure. E. W. Soron, mate of a 'tainly H sealing vessel in 1888, says: "We only got seal is H about one out of every five killed."* Thomas I Brown (No. 1), a boat-puller for three years, ■ ' Vol. I,', p. 411. ner, Vol. ^B 'Vol. II, p. 432. ■ ' Vol. II, p. 443. E l; (ii-oiKH Uwlier, Vol. II, p. 291. •Thoinus Blown (No. 1), Vol. II, p. 319. Destruction female seals. of RESULTS. 197 fact that from eiglity to ninety per cent of the Destruction of .seals killed in the oi)en sea are females, the majority of which are either pregnant, or having been delivered of their pups, are the sole means of sustenance for their offspring. The sex of a seal can not be told when it is in the water, except an old bull seal, who can be recognized by his me} Under these circumstances it is impossible to discriminate as to sex,^ and no effort is made to do so, the hunters shooting or spearing every seal that approaches the boat.* On this point there is a large aiTay of testimony to be found ill the Appendix. Rear-Admiral Sir M. Culme- Seymour, in a communication to the British Ad- miralty, says, in relation to this matter: "I may mention that female seals can not be distinguished from males when killed asleep on the water at sea."* As has already been shown, the destruc- tion of the females of the herd is the principal cause of the decrease,^ and the full extent of the pernicious effects of pelagic sealing is clearly shown on examination of the sex of the seals taken by the sealing vessels. I J. A. Bradley, Vol. II, p. 227; Chickiuoff et al., Vol. II, p. 219; F. F. Feeucy, Vol. II, p. 220. - K. W. Soron, Vol. II, p. 479 ; CLarh's Peterson, Vol. II, p. 345. Urosaroff, et al., Vol. II, p. 234; N. Hodgson, Vol. II, p. 367; E. Morchoad, Vol. II, p. 467. ' IiK losure 3 in No. 3, British Blue Book, U. 8. No. 2 (1890), C-(ii:il, p. 4. ''Ante, p. 177. -'4,^.. 1 Mm 198 PELAGIC SEALING. T«st British iinony furriers, l^ M IH,i r ^40 ' I t r y'kpAi of The first witnesses to receive consideration on tliis point are those who have handled and sorted the "Northwest" or pelagic catch. The skins of males and females can be readily distinguished from each other by those at all experienced in the fur trade. ^ Sir George Curtis Lampson, head of the firm of C. M. Lampson & Co., one of the oldest and largest of the London fur houses, states that "the skins of the Northwest catch are largely the skins of female seals." ^ Mr. H. S. Bevington, head of the London firm of Bevington & Morris, fur dealers, which was organized in 1726, says: "The skins of the Northwest catch are at least eighty per cent of them the skins of the female animal,* and that prior to and in preparation of his deposi- tion "he carefully looked through two large lots of skins now in his Warehouse for the especial purpose of estimating the percentage of female skins found among the Northwest catch." ' Mr. Walter Edward Martin, head of the English firm of C. W. Martin & Sons, the largest dressing and dyeing house of fur-seal skins in London, and successors of Martin & Teichmann, gives the percentage of females in the pelagic catch at ' George Liebes, Vol. II, p. 511; B. H. Stornfels, Vol. II, p. 522. •Vol. II, p. 565. •Vol. II, p. 552. RESULTS. 199 seventy-five to eighty per cent.* Mr. Emil Teich- Testimony of British tumors. mann, of the firm of C. M. Lampson & Co., and formerly a member of the firm of Martin & Teich- mann, mentioned above, states "that practically the whole of the adult. Northwest catch, seals were the skins of female seals."^ Mr. Henry Poland, head of the London fur firm of P. R. Poland & Son, says that a very large proportion of the adult skins of the Northwest catch are "obviously the skins of female animals."' Mr. George Rice, engaged for twenty-seven yeai"s in the dressing and dyeing of seal skins in the city of London, and who has handled a large proportion of the Northwest skins, says: "That in the North- west catch from eighty-five to ninety per cent of the skins are of the female animal."* And Mr. WilHam C. B, Stamp, who has been a London fur merchant for thirty years, estimates the percent- age of females in the catch of seaHng vessels to be "at least seventy-five percent" and probably more.* All the above prominent English fun-iers are subjects of Her Britaimic Majesty. George Bantle, who has been a sorter and packer of raw seal skins for twenty years, gives the principal cliaracteristics by which the skins of the two ' Vol. II, p. 569. » Vol. II, p. 581. 'Vol. II, p. 571. * Vol. II, p. 573. See also Isaac Liebes, Vol. II, p. 453. "Vol. II, p. 575. fc ir- % 200 PELAGIC SEALING. ■ --u-'. ■*■■ ,. ■.'^^'., ^^i Hil ,-. >'■ ■■ tBl-ji Test i 111 o 11 v of sexes can be (leterniinetl/ as do als(» Mr. John iii'itish fiirriei'M. J. Pholan^ and Mr. William Wiepert,'' both experienced furriers. Mr. Alfred Eraser, a sub- ject of Her Britannic Majesty, and a member of the London firm of C. M. Lampson & Co., says: "That he would have no difficulty whatever in separating the skins of the 'Northwest' catch from the skins of the 'Alaska' catch by reason of the fact that they are the skins almost exclu- sively of females." This fact that the Northwest skins are so largely the skins of females is further evidenced by the fact that in many of the early sales of such skins they are classified in deponent's books as the skins of "females."* Sir George Baden-Powell, one of the British Bering Sea Commissioners, addressed a letter to the London Times, which appeared in that papei- November 30, 1889, in which he says: "Their (the Canadian sealers') catch is made far out at sea, and is almost entirely composed of females." On the 29th day of April, 1891, Mr. C. Haw- kins, a subject of Her Britannic Majesty, addressed a letter to the Marquis of Salisbury, in which he states that "since about the year 1885 we have received in this country (England) large numbers of seal skins known in the trade > Vol. II, p. 508. • Vol. II, p. 519. 3 Vol. II, p. 535. . . • ♦ Vol. II, p. 558. Other British tcstiiiiouy. RESULTS. 201 iiiouy. iis Northwest skins, the same liaviiiff been taken, ^,\^*'^ FiritisU ' " testimuny. ill the open sea, and, from appearances that are uiiinistakable to the initiated, are exclusively the skins of feniale seals preg^nant."* And the Canadian Minister of Marine and Canadiau testi- I'isheries, to whom the letter was referred, states "that the testimony produced by Mr. Hawkins ill this connection is quite in accord with the iiit'onnation hitherto obtained."^ In the Cana- dian Fisheries Report of 1886 the following statement ai)pears: "There were killed this }ear so far from forty to fifty thousand fur-seals, which have been taken by schooners from San Francisco and Victoria. The greatest number wore killed in Bering Sea, and wore nearly all cows or female seals.'" And again in the said report for 1888 appears the statement that the fact can not be denied "that over sixty per cent (»f the entire catch of Bering Sea is made up of fciiiale seals."* Rear- Admiral Hotliam, Royal Navy, in a dispatch to the British Admiralty, dated September 10, 1890, states that he per- sonally SKW Capt. C. Cox, of the schooner Sap- phire, Captain Petit, of the schooner Manj Taylor^ Captain Ilackett, of the schooner Annie Seymour^ ' Hritish Rluo Book. U. S. No. 3 (1892), C-6633, p. 5. -'Biitish Hluo Book, U. S. No. 3 (1892), 0-66*5, p. 75. ^ I'iigo 267. ' Ui'iiort of the Department of Fislieries, Domiuion of Canada (1888), p. 240 2716 26 ^^v m^ m tr'=?i *"i a;i«'. ^itm "^F Jf", I i,. 202 I'ELAGir SEALING. Canadian testi-aiid Cant. W. Cox, of the schooner Triumph, mouy. and that " they also mentioned (anion- vessels sailing from the port of Victoria and other ports, to obtain the skins of male seals, and stated that he would give twice as much money, or even more, for such skins than he w^ould pay for tlio skins of female seals. Each and all of the cap- tains so approached laughed at the idea of catch- ing male seals in the open sea, and said that it was impossible to do it, and that they could not catch male seals unless they could get upon the islands, which, except once in a long while, tlie}' were unable to do in consequence of the restric- tions imposed by the United States Government; because, they said, the males were more active, and could outswhn any boat which their several vessels had, and that it was only the female seals who were heavy with you..g which could be caught."' > British Blue Book, U. S. No. 1 (I8ftl), C-6253, p. 17. » Vol.11, p. 513; British Blue Book, U. S. No. 1 (1891), C-6253, p. 80 ; Vol. II, p. 564. => Vol. II, p. 512. f I RESULTS. 203 Ik'sldoH the testimony of the witnesses above ExiiiniimtH.ii of Stated, 3,550 seal skins were sliipped this yeari«"J^- Iroin Vietoria, liritisli Cohiinhia, to Treadwell & Co., ^^i' Albany, New York, being a portion of tlie "spring catch," so called, of 1892, taken by the sealing fleet along the Pacific coast. At tho rccpiest and under the direction of the Govern- ment of the United States, these skins were exaiTiined by an expert in handling seal skins, Mr. John J. Phelan, for twenty-four years engaged in the fur business, for the purpose of determining the sex of the seals from which they were taken. Such examinations resulted in showing that of the 3,550 skins, 2,167 were taken from female seals, 395 from male seals, and the remainder, 988, from pups, seals under two years of age,^ whose sex could not easily be determined, which shows that the proportion of females in the catch of a sealing vessel is to tlie males as 11 to 2, or 84 J per cent. The examiner of these skins also shows how the difference in the sex can be readily determined.^ Mr. Cliarles Behlow, for thirty-four years engaged in the handling and sorting of seal skins, at the request of the Govenmient of the United States, examined, in June, 1892, four lots ' Vol. II, p. 520. lilf B I w 204 PELAGIC SEALING. Kxnniinatioii of of skiiis laiulcd at San Francisco from sealiii}' ])«'l:igic vatch of >8'J^' vessels, being the "spring catch" for 1892 ot said vessels. These lots aggregated 813 skins, which on examination proved to consist of OSl skins of adult female seals, 49 skins of adult male seals, and 95 skins of pup seals less thiui one year old.^ The proportion of cows in thosi; lots is shown to be to the males as about 14 t<» 1, or 93 per cent. The increased proportion of females in this examination over the examination made in New York is explainable from the fact that the New York examiner did not extend liis examination to seals under two years of ago, while the San Francisco examiner classed as pups only the seals less than one year old On the 13th of July, 1892, the same expert examined the catch of the schooner Emma and Louise, consistuig of 1 ,342 skins, taken this spring along the Northwest coast. Of the number, 1,112 wore the skins of females, 132 of males, and 98 of gray pups less than one year old.^ The propoi- tion of female seals taken by this vessel as compared with the males is thus shown to be 89 per cent. George Liebes, a furrier, who lias handled many thousands of the Northwost skins, in connection with his deposition attaclios 'Vol. 11, p. 402. m^^' M%^ m RESULTS. 2()r) oxhn)it8 HliowinjT i)lainly how, even in the Kxmiiiiiiition dressed and dyed skins, tlie sex of the animal ^'*"^" can be readily determined,* and also, in the cases of the female, whether the animal was in u state of virginity, pregnancy, or maternity, the comparative size of the nipples being the test, which in the case of the two skins of males (bachelor and bull) are scarcely observable. Added to this testimony of experienced fur- TrHtimony lielagiv Bi-alci'H. riers, a large number of those engaged in seal liunting, whose depositions are api)ended hereto, attirra that the seals taken by them are princi- l)ally females. Luther T. Franklin, a seal hunter (»f three years' experience, states that about ninety or ninety-iive per cent of those secured are females.^ Daniel McLean, an experienced sealer, says that about ten in a hundred of the seals taken are males." Alexander McLean, on l)eing asked the percentage of females in a catch, replied: "Say I would bring two thousand seals in here, I may have probably about a hundred males; that is a large average."* Charles Lut- jens, also a seal hunter, places the average of females taken at ninety per cent,^ and in this he > Vol. II, p. 512. » Vol, II. p. 425. ' Daniel McLean, Vol. II, p. 444. « Vol. II, p. 437. * Charles Lutjeiis, Vol. II, p. 458. of of of 20G PELAGIC SEALING. '-s,.:--^; - \: • ■^^■<^ "it' ail, ' . '"'iiiBilu 1 miiiy m^:^ Kxiiiiiiniitiiiii of riitcli H('i/.U(I. of VI-HOfU T.Mtiiiiony Otis suiipoi'ted by many others of the same profe«- sion.* ( )ther sealers, without fixing a percentage, state that the seals taken are "principally"" or "most all"'' females. '^riie skins iU*M upon vessels seized by United States ofllicers in Bering Sea, which were subse- quently examined, also show a similar ratio of destruction of female life. Captain Shepard says that over twelve thousand skins taken from seal- ing vessels seized in 1887 and 1889 were exam- ined, and at least two-thirds or three-fourths were the skins of females.* Mr. A. P. Loud, assistant Treasury agent, who in 1887 captured the sealing schooner Angel Dolly, personally examined the skins found on board, and he states that "about eighty per cent were the skins of females.""^ Capt. A. W. Lavender, assistant Treasury agent on St. George Island, in Sep- tember, 1891, made a personal examination of one hundred and seventy-two skins, the catch of the schooner Challenge in Bering Sea, and of the whole number oidy three were the skins of male seals.' It is only necessary to examine such an 'William Shoii. Vol. II, p. 348; F. Jolinaon, Vol. II, p. 441; H. HarniHDii, Vol. Up. 442; A. J. Hoffm.-in, Vol. II, p. 446. nVilliiir" K Long, Vol. II, p. 457; James Keau, Vol. II, p 448; James Kt'uneJy, Vol. II, p. 449. 3 George Zaiuiuitt, Vol. II, p. 307; Adolph Sayers, Vol. II, p. 473; ThoiuuB Brown (No. 1), Vol. II, p. 319. < Vol. II, p. 189. • Vol. II, p. 39. •Vol. II, p. 265. RKHULTS. 207 array f>f teatinionv as the toroffoinef to detormine Kxnmin tlie cause of the rapid decrease hi the Alaskan 8«'i!«e been it'iuales with pup;" giving as a reason that the female seals are easier to kill than the males.^ It is evident, therefore, that the female seal, when pregnant, is much more exposed to danger than the male,^ and this fact is also noted by the Indian hunters along the coast.* After the 1st of July the cows are nearly all ..."T*"'!;!,;"", "^ at the rookeries, an, p. i><4. M'iinrlie Wauk. Vol. II, jt. L'73; .JuiueH Unatajiui, Vol. II, p. 272; Simt-oii Cliin-koo-trlii. Vo!. 1!, p, 2.")l). ' Jii/f, p. 115. '^AnU',\\. lit!. ■ Clmilfs Chalall. Vol. II. jt. 411; 1'. frv Hi own. Vol. II. ji. 377-378; John Kyle. Vol. II. p. 420; llmry Hiown. \ol. 11, p. 317-318. 2710 37 210 PELAGIC SEALING. . :!*!.■ li ^!^y^*. ,;:^g||p;]" m DestiiKtion of in a disi)atcli to the Hritisli Adiuiraltv, (luted uurniiig i'umulo8. '■ " at Victoria, August 24, 18H(), states tl«at tlircc British Coluuibiau sealing" schooners had hccii seized by the United States revenue cruiser Conv'm, seaward seventy miles from off the land, killing female seals.^ Edward Shields, of Sooke District, Vancouver Island, a hunter on the British schooner Carolina, which was seized in Bering Sea in 1880, states that they were during: the whole cruise out of sight of land, adding, "The seals we obtained were chiefly females."^ Tlie sealers, who have given testimony on rh'i point in behalf of the United States, agree th>. nearly all the seals taken in Bering Sea aic mothers in milk."' Moses, a Nitnat Indian hunter from Vancouver Island, in speaking of a voyage he made to Bering Sea, says: **We caught nineteen hundred seals, all of which were caj)tured in the sea close to Unalaska; most all of them were cows in milk; but when we first entered the sea we killed a few cows that had pups in them."* Charles Peterson, a sealer with four years' experience, after stating that most all the seals taken in Bering Sea were cows in milk, adds: "I have seen the deck almost flooded "Hritish IMiif M.x.k, U.S. No. 2 (IWK)). ('-(il.31. p. 1. •Hritisli Hliicliook, t'. S. No. 2 (1H!»0). ('-6i:!l. p. S. ' Williniii n. Loiisj. N'ol. II, |>. 45M; Heui'.v Mason, \ol. U, p. Jti."); E. 1'. roitfi. Vol. II. p. 317. < Moses. Vol. II, p. HUI. RESULTS. 21i with milk while we were skiiiiiiiio' tlie seals.'" iHstnution of iiiirHing ffiiiulea. Ui(']i}ired insealino- states that h(; saw milk flowing- from the dead cnrcasses of seals lying on the de<;ks of vessels a hundred or more miles from the Pribilof Islands.^ Mr. Robert H. McManus, a Hritish subject and resident of Victoria, British Columbia, nuide a sealing vovajje in 18D1 in Herino- Sea on the Canadian s'-hooner Otto as a news})ai>er corre- spondent. During- the voyage- he kept a journal of events, which he has endxKlied in his deposi- tion, hereto a})pended, which contains his views of the matters which took place.^ In an entry made August 29, he states the total catch of the day was seventeen seals, "greater proj)ortion cows in tuilk; horrid sight, could not stay the ordeal out f"!! all were flayed."* He subsequently adds: " 't may be safelv asserted that over three-foiu'ths ot rhe catch of fortv-ei-jiht were cows in milk; 'Vol. 1'. p. 345. 2 Vol II, 1). 119. 3 Vol. II. ji. 18!». «Htvnrtioii of this at a distance of two hundred miles from the niii'Miiig I'euiulcs. rookeries."' And Mr. Francis R. Kin«-H;tll, son of Sir William King-Rail, K. C. B., Admiral in the British Navy, who also was cm the Otfo dur- ing" this voyage, makes substantially the same statements.'* That a pup is entirely de])endeiit upon its mother for the first three or four montlis of its life, and also that a female will not suckle any pup save her own, has already been stated. npa'";i«iV'l, P"PM880, says: ''There were not in 1880 suffi- pi lor t«) 1884. ' •' cient dead pups scattered over the rookeries to attract attention, or form a feature on the rookery."* Captain Bryant, who was on the islands from 1870 to 1877, says, "A dead puj) was rarely seen."^ Mr. J. H. Moulton, who was ' Vol. II, p. 338. » Vol, II, p. 333. 'Niioli KiukofT, Vol, II, p. 132. :n find had eviMeiitly been starved to death. ITf i'lii'tlier states that the number of dead pups in l.^'HT was inucli larger than in 1886. In isss there was a less number than in 1887 or in 1885), owing, he believes, to a decrease of seals killed in JSering Sea that year ; but that in 188H the increase again showed itself.' Dr. W. S. Here- ford, already mentioned ns the resident ])hysician on the islands from 1880 to 181)1, says: "The loss of pup senls on the rookeries up to about 1884 or 1885 was companitively slight, and was generally attributed to the death of the mother seal from natural causes. Coincident with the increase of hunting seals in the sea, there was an increase in the death rate of pup seals on the rookeries."^ Nnnii.or of iica.i y^^ Stanley Brown, in examining the rookeries in 1891, tixed the number of dead pups at be- tween fifteen and thirty thousand.^ Captoin Cotdson, who was on the islands the same year, says: " Thousands of dead and dying pups were scattered over the rookeries." * And Colonel Mur- raj' fixes the number of dead that year at " not less than thirty thousand."^ Other witnesses support ' Vol. II, J). 39. "Vol. II. 1). 32. 3 Vol. II, p. 19. * Vol. 11,1.. J15. « Vol. U, p. 74. RK8TTI,TS. 215 tlu^sc shitomciit.s 1 lio rookeries, sti'cwn witli XiuniHT of (h-mi (lead Hiul ui>s, wore also in 1891 inspected hy the British lierinj"' 8ea Connnissioners.^ And Kerrick Artonianoff', the old chief of the St. Paul natives, in speakinj^ of their appearance on the rookeries durinjr tiie last six years, says: " In my sixty-seven years' residenire on the island, I never before saw anything like it."'' At the re(|uest of Mr. Stanley Brown,* Dr. J. ( *• /'•""*« of "^eati> ^ ■' i»( imps. S. Akerly, then physician on St. Paul Island, examined a large number of the dead bodies, and after a careful and minute examination, which is fully detailed by him in his deposition,' gives it as his opinion ** that the great mortality during 1891 amongst the young seals on St. Paul Island, Bering Sea, was caused by the deprivation of mothers' milk." He sums up this opinion with eight reasons why he believes the young seals (lied of starvatifm." His opinion as to the cause of their death is shared by many others who had iin opportunity to examine the dead and dying })ups on the rookeries." The natives on the islands, ' .\iiton Melovedort'. Vol. 11, p. 143; H. H. Mclntyre, Vol, IT, p. .51 ; riiaiifs W. Price, Vol. II, )». 521; Afi;Kie Knsliiii, Vol. II, p. 128; Jolin KiMtis, Vol. II, I). 108; H. N. Clark, Vol. II, p. 159. -.Milton Biirut'M, Vol. II, p. 101. Vol. II. p. 100. ' Vol. 11. i». lit. ■Vol. II, p. 95. "Vol. II. p. !t6. W. II. Willifiiiis, Vol. II. p. 94; .1. Stniilt-y Urowii, Vol. II, p. lil; CliarlcsW. Price, Vol.11 p. .-)21 ; Ajfgic Kiisliiii. Vol. II, p. 130; ■loliii Frati8, Vol. II, p. 109. Itil'1 tS'i2 216 PELAGIC SEALING. '•■is>' - ik EflVcts ot'pelag' ic soulius. Canst' of death who liave UvjmI tluM'e tor nuinv vcars. tostifv tliat of pups, • • altluni^h they have eaten seal meat all their lives they never knew of a sick seal and n(^\ « r heard from the i»ld residents of sickness aiuonu seals.' This great mortality, therefore, was nut caused b}^ an epidemic among the animals, for uo dead adult seals were seen.'- The injurious and destructive effects of open- sea sealing, as demonstrated above, can be sum- med up as follows: Between eighty and ninety per cent of the seals taken are females; of these at least seventy-live j)er cent are either pregnant or nursing ; that the destruction of these females causes the death of the unborn j)up seals or those on the rookeries dependent on their mothers for nourishment ; and, iinall}', that at least sixty-six per cent of the seals killed by white hunters are never secured. Besides this, the females taken in Bering Sea have certainly in the majority of cases been impregnated, ' and their death means not only the destruction of the pups on the island, but also of the fetus. Hence, if 10,000 females are killed in one season, this fact means not only the depletion of the herd by at least 17,500 that ' Anton Melovedoft', Vol. II, p. 143. See also Duuiel Webster, Vol. II, p. 1S8; Edward Hughes. Vol. II, p. 37. -Aggie Knshiu, Vol. II, p. IL'S; Nieoli Krnkoff, Vol. II, p. 133; KaiT Buterin, Vol. II, p. 103; John Fratis, Vol. II, p. 107. ■*Ante,y. 115. M RKsui/rs. 217 year, but also tlie redtiction «»t' tlic uimial birtli- Km.»»K di piiny. rate by 7,500 each t'ollowiiin' year tor probably tifteeu years, besides tlie a important points, the enormous destruction of seal life can be readily seen if we take the tioures supplied by tlie Cana- dian Fisheries Report for ISJIO.' In that year there were sold in Vietttria alone about 55,000 sivins taken by pelagic sealers; allowing' that 20,000 of these were secured by Indian hunters and only 35,000 by white hunters, the inunber of seals actually killed would be at least 125,000; of these 80 per cent, or 100,000, would be females and 75 per cent pregnant or mothers, allowing one-half of these 75,000 pups thus destroyed by the death of the females to be of that sex, the total number of the produchig sex kille«l would be 137,500, and the total loss to the herd of 200,000 seals, for which the sealers show but 55,000 skins. It must be remembered that 55,000 represented oidy the number of skins sold hi Victoria, which is undoubtedly 10,000 sliort of the actual number secured by b«^)th the British and American sealing fleet. Eacii year also adds to the destructiveness of the fleet, for 271« 28 ' I'iigi- 183. 21« PROTKC'IION AND PKHSKRVATION. Ik U- f^4 v;|;! t-S- ^^^m V ii It;}; lt»r!;- JSijiB, V«S' KH<.i(i>r. flu, (.{iptaiiis in coininaiul l)cMMuiiinnr Tuoro juid ic btaliug. jiioro familiar witli tlie ha))its, track, and feediiij:- jrroimdH of tlie niij^nitinjj^ herd, are ablo to reach the various points off the coast at the time wIkmi the main body are at tliese hicahties, and harass them incessantly on their way from the Farsd- lones to Bering Sea.^ The effect of pelagic seal- ing is briefly and truly sununarized by Kai]» Buterin, the native chief of St. Paul Island, in these words: "Schooners kill cows, pups die, and seals are gone."^ With such wasteful destruction the Alasknii seal herd must either be soon exterminated, or else a sufficient and full protection given from the i)ernicious methods employed by open-sea seal hunters. PROTECTION AND PRESERVATION. OTHEK SKAL HERDS. Destruction. The indiscriminate slaughter of seals in, the waters of the Pacific Ocean and Bering Sea can not fail to produce a result similar to that observed in the southern hemisphere, where the fur-seals have, except at a few localities, become, > Report of Cii]>t. C. L. Hooper to the Treuaury Department, datedJuue 14, 1892, Vol. 1, p. 499. ■■' Vol. II, p. 103. OTHKIJ SKA I. HKKDS. 2in from i\ cnmiHorcial point of viow, pnictioally J>»tiiictioii. t^xtinct. A full {U'count of the diHtribiition and the destruction of the antartic se.il herds is {riven 1))' Dr. Allen in his article found in the Appendix.* Captain IJudington, who for over twenty years has sealed about Cupe lloni and the islands of the South Atlantic, making his last trip to these reofions in the winter of 1891-92, says: " From hundred of thousands of seals resorting to these islands and coasts the nundjers have been reduced to a few hundred, which seek the land in scat- tered bands and rush to sea on the approach of man."^ He further adds : " Seals in the antarctic regions are practically extinct, and I have given up the business as being mi})rolitable."^ In speaking of the cause of this extermination, he snys : " The seals in all these localities have l)(Hm destroyed by the indiscriminate killing of old and young, male and female. If the seals in these regions had been protected and only a certain number of "dogs" (young males unable to hold their position on the beaches) allowed to be killed, these islands and coasts would be sigain populous with seal life. The seals would c(^rtainlv not have decreased and would have I Article by Dr. Allen. Parts I and IF. Vol. I, pp. 36.5, .S9.S. '' Vol. II, J). r>;t.5. See alno Isaac Liebes, Vol. II, p. 515. » Vol. II, p. 595. ■'";5 ^' u r a I n< ^'ip^r 220 DvHtriiotiiiii. PR()TK( riON AND PRKSKRVATION. prodiKH'tl i\u anmiul supply ofskins for all tiinos",' JumeH Kiei'iiaii, who ubout 1843 visIUmI oii ji 8oalin<>' voyajfc the east coast of Pataji^oiiia and the Falkland Lslaiuls, says: "These rookeiirs have since heen destroyed throufj-h the constant Inniting of seals."- Caleb IJndahl, also e\])('n- enced in sealinjf in southern latitudes, in speakinj^ of the destruction of seals at the South Shetland Islands, says: "If the seals on the South Siiet- land Islands had heiMi protected I think they would have been there by the million, because in one year they took three hundred thousand seals from the Shetland Islands."^ The same hunter also, in telling of a sealinj^ expedition he made in 1 S!ll to the south seas, says : " The seals are nearlv all killed off down there, s that we got only about twenty skins. It h 'ise for vessels to go there sealing any more."' The Rn8«iai. '}^|,p pelagic sealers of the North Pacific have not confined their operations to the eastern side of the Pacific Ocean, but have invaded the Russian waters, and the slaughter has already been carried on to such an extent in that locality that the Commander herd has begun to decrease in the same manner as the Alaskan herd.* 'Vol. II. )..5}»5. •"Vol. II. p. 450. •H'lil.li LiiKliihl, V()I.II,i> 466. * (jiiiMtiivc Nioliiiiiiii, Vol. n, p. 203. ■^•'■; OTHKH SKAI. MKRDS 221 1^110 necossitv of i)i'ot('('tioi) to m-hI HtV» from Uritish pr..t«e ' _ tloii of the Ht'ul. iniliuiittMl «l»'stni<*tioii, in order timt tl\<» s|»CM'i«'s may be preworvcd, is not only evidenced by tiio (Xiiuipies nl)ove cited, but lias berui reoojrnized l>v a number of nations, especially by Great Mritain and her colonies. In fact, it may bo siiid that wherever fur-seals ))reed in territory over which Great Hritain has control the species has received particular protection from indis- criminate slaughter. At the f^alkland Islands, a Fnikinna w- _ »iids. Miitish dependency, formerly so productive of tlic fur seal species, the Government of the Islands in 1881 issued a decree,' the pn^amblo of which is as follows: "Whereas the Seal Fish- cries of these Islands, which was at one time a source of profit and advantaj^e to the colonists, lias been exhausted by indiscriminate and waste- ful fishing, and it is desirable to revive and ])ro- tect this industry by the estaVdi.shment of a Close Time during- which it shall be uidawful to kill or capture seals within the limits of this Colony and its dependeucies." The ordinance proceeds to cuact stringent reg-ulations prohibiting seal linnting "within the limits of this Colony and its dependencies." Capt. Hudington, an ex- ix'rienced navigator and seal hunter in southern ' Fulkliind IbIuiuIh SojiI FisUery Onlinauce, Vol. I, p. 435. i"4^!i- 222 PROTECTION AND PRESERVATION. (,>,w! ri? m- 1. ! Jf .•»! New Zcalaiirl. FtiikiiuHi I si- \v}it(^rs, visitwl that recrion ii) January, 1892, and anils. " ■' Iio states, under oath, tliat tlie ordinance of ISS] is enforced in the sea siirroimding- those islands ontside tlie ihree-mile limit, and that it would he (l«H»ined a violation of tlie law to take seals (hiring the close season between the Falkland Islands and Beauchene Island, twenty-ei^ht miles dis- tant.* During" the past fifteen years a series of laws and orders in council have been enacted for the protection of seals in the (Colony of New^ Zealand, wliicli not only establislied a close season, but ha\e at times entirely prohibited the takinp- of seals for a conseviutive })eriod of eight years.'- The New Zealand Seal P'isheries Act of 187.S established a close season for seals extendin;^' from October 1 to June 1." Section 4 empowers the (xovernor, by Order in Council, to extend or vary the close season as to "the whole Colony or only in particular parts thereof* And this provision has lieen substantially reenacted in all subsequent legislation. '^Fhe area designated as ''the Colony" is taken to mean :he area I .lames W. Budingtoii. Vol. II, p. rm. -Ni-w Z«alaiul Art, 1S78. Vol. I. p. 437. Sec also Re])orts, DfpnrtiiKMit of Mai-iiio (1S80 1H!K)). Hcjiulatioiis l)y the (iovenini of Now Ztiuluud ill CuiiiKiil, .luiiuui'> lU, 1^88. OTlIKli SKAl HERDS. 2J3 siKM'ified ill the act ' creatin. 437- New Zealand Act. 1SS4. Vol. I, \>. 437. ♦New Zealand Act, 1S»7. Vol. I, p. 440. 224 PROTK(^TION AND PKE8KRVATI0N. fM New iicaiand. "witln'ii the jurisdiction of tlie Goveniniciit of the Cohmy of New ZeuhnuL" The "Handbook of the Fishes of New Zealand," already cited, n book "prepared under the instructions of the Conunissioner of Trade and Customs," reviews at some length the seal life and industry of tlio Colony, and in advocating string-ent protection states that "seals are property the State should zealously guard." In pursuance of the foregoing cited laws and regulations the Government of New Zealand has kept a cruiser in service for some years for the purpose of patrolling tlic watei's of the Colony and enforcing the law.' It is now })roposed to lease the exclusive right to take seals within the limits of the Colonv to a Ciipc of oooiH'om[)any.'- In the Colony of the Cape of Good Hope sealing is prohibited at the rookeries and in the waters adjacent thereto, except under stringent regulations.^ The laws and regulations of the British colonies just cited have reference to the fur-seals of the South Seas, similar in theii- habits to the seal herd of the Pribilof Islands, Hope. ' Ifcports, Marine Dei»iirtiiunit of New Zealand, l«82, 188:3, 1887. 1888. *" Handbook of the Fishi'S <)f Nt-w Zwilanrt," p. 254. MJeoiRe Comer, Vol. II, p. 597; William C. B. Stamp, Vol. II, p. 576. OTHER SEAL HEEDS. 225 lirtvine- fixed habitations on the hmd, to which Cape of Good Hope. tliey regularly resort.^ But Great Britain and its dependencies do not Hiitish pjotec- tiou of hair-seal. limit their governmental protection to the fur-seal; it is extended to all varieties of seals, wherever they resort to British territorial waters, and they liiive thrown about them upon the liij^h seas the i; uardianship of British statutes. In certain of the waters of the North Atlantic are found the hair- soal, of much less commercial value than the fur- seal, and to whose existence the land is not a neces- sity, as the young may be, and usually are, born and reared on the ice; and yet these seals are laider the special protection of British laws. Canadian statutes prohibit all persons, without prescribing any marine limit, from disturbing or injuring all sedentary seal fisheries during the time of fishing for seals, or from hindering or frightening the slioals of seals £ts they enter the fishovy. They also forbid the use of explosives to km -^'als.^ The most important hair-seal region of tli* Newfounrtiand world is found on the ice floes to the eastward of Newfoundland, often several hundred miles from the coast,'* This region has been for many years ■^sf? ■«;•-' ' An examination of the "Handbook of the Fishps of New Zea- land" (pp. 230-233) will show that the fur-seal frequenting those islands is similar in habits to the Alaskan fur-seal in nearly every particular. - Revised Statutes of Canada, e.}>5,8eeR. 6and 7 ; \'ol.I,pp.441, 454, 'Allen, "Monograph of North American rinnipeds," page 234, 2716 29 226 PROTECTION AND PRESERVATION. ■'"^■^Cl-^: Jpflj"'--'! 11 1 Ncwfoniidiaiid past under the protection of the Newfoundliuid regulatious. Colonial Government, wliich has enforced a close season, not allowing- sail vessels to leave port on sealing voyages before March 1, and steam v(s_ sels before March 10, and prohibiting seal kill! no before March 12, under a penalty of from four hundred dollars to two thousand dollars, and hns enacted other stringent regulations.^ But even these laws have not proved sufficiently effica- cious, and in April, 1892, a new act "to regulate the prosecution of the seal fisheries" was passed.- This act defers the date of leaving port two days Iftter, and prohibits the killing of seals at all sea- sons of the year except between March 14 and April 20, inclusive. It is further made an offiiuse to bring any seal killed out of season into any port of the Colony under a penalty of four thou- sand dollars, and all steamers are prohibited from proceeding on a second trip to the seal waters in any one year. It will be seen from the deposi- tions of Richard Pike, a master mariner of fort}- four years' experience in hair-seal hunting, and of James G. Joy, master mariner of twenty-four years' experience in seal hunting, that the law prohibiting the second sealing trip was enacted because it tended to the extermination of the hair- seals, as at least seventy-five per cent of tliose ' Ntnvfoniidlnnd Senl Act, 1S7», Vol. I, \i. 412. "NewfouiKlliiiiil S«'iil Act, 1.>*'" ^'^s- ^ Illations. seal reg-ion is that in the Atlantic Ocean east of Greenland, and known as the Jan May en Seal Fishery. This region in the open sea is em- braced in the area lying- between the pai'allels of ()1° and lFi° north latitude and the meridians of 5° east and 17° west longitude from Green- wich. These fisheries were made the subject of legislative regulation, applicable to their own subjects, by the Governments of Great Britain, Sweden and Norway, Russia, Germany, and Holland, by a series of statutes passed by these several countries during the years 1875, 1876, 1,S77, and 1878.' The 3d of April is established as the earliest date each year on which the seals could be legally captured, and penalties are fixed for a violation of the prohibition. It will thus be seen that not only Great Britain Cononrronce of •^ nations. and her colonies have found it necessary to pro- tect by legislation the hair-seal of the North I .liunos O. Joy, Vol. II, p. 591 ; Ricbard Pike, Vol. II, p. 592. ^ " TLc Seal Fishory Act, 1875," 38 Vict., c. 18; British Order in (Jimiicil of Nov. 28, 1876; Law of Sweden and Norway of May 18, 1876; Ordinance of Norway of Oct. 28, 1876; Ordinance of Su.Mlcn of Nov. 30, 1876; Law of Gprmany of Dec. 4, 1876; Ordi- iKincn of (Jarniany of Mar. 29, 1877; Law of the NetlK'rlauds of Dec. 31, 1876; Decree of th(! Netliorlaiuls of Feb. 5, 1877; Law of Kiissia of Dec. 187'j : Sec. 223 of Russian Code of Laws, 1886. 228 PROTECTION AND PRESERVATION. mJ Concurrence of Atlantic from extermination, but that other na- nations. tions havo united and concurred in the same AVliite Sea regiv latious. protection. Stringent regulations have also been .adopted by Russia for the protection of the hair-seals in the Gulf of Mezen, a part of the White Sea, tlie greater portion of which is beycnd the three- mile limit. All sealing is subject to the super- vision of public overseers, who havo authority to determine the time at which the annual catch is to begin at certain designated places, and to preserve order during the continuance of sealiny rendering themselves amenable to Australian law. Froncii legist a- The fishery legislation of France also recoj;- nizes the same principle. A commission, ap- pointed by the French Government in io>'l/ to investigate the fisheries of that country and to make recommendation 3, reported that they deemed it inexpedient to assign any precise limit to teiTitorial waters beyond which the laws recommended should cease to be operati\e.- Accordingly the laws passed in pursuance of this report were so framed as to leave this ques- tion open, and the Decree of May 10, 1862, Sec. J, ' Delivered at Liverpool, Aug. 29, 1890; see page 9. 'Rapport de la CoimiiisHiou du 25 iiiiu, 1819, ytonr I'exainiMi d'nii projet de loi »iir la p6che uiaritime cAtiere, p. 25. FISHERIES. 286 tion. wont 80 far as to iirovide in terms that under cer- French i«gitia- tain circumstances fishing might be prohibited over areas of tlio sea beyond three miles from si lore.' Numerous hiws have also been enacted 1)\ France to protect and regulate the coral tisheries of Algeria, both as to natives and for- «'ii (I Liiijtborg. to mul from or around the rookeries will \( r\ 80011 cause tlie comjilete extinction of tliis v:tl- uable, and, from Hcientific point of view, so extremely interesting and impoi'tant animal." ' l^esides these declarations above quoted, other scientists, of France, Italy, Sweden, Russia, Gei- raany, Austria, Norway, and Argentine Republic, to whom Dr. Merriam's letter was sent, unite in commending the conclusions set forth and affirm the need of protection to the seal herd.^ Dr. Allen shows plainly the need of protectiiijr the Alaskan herd, in a brief suimnary of the results of pelagic sealing.^ cniiiKKan lecog- ij^ the Canadian Fisheries Report for 18H(;, already adverted to, Thomas Mowatt, es(|.. In- spector of Fisheries for British Columbia, in his report, after giving the catch for the year ))y sealing vessels, and stating the fact that it was composed almost entirely of female seals, adds : "This enormous catch, with the increase which will take place when other vessels fitting u)) every year are ready will, I am afraid, soon dejilete our fur-seal fishery, and it is a great pity I Letter of Prolossors Nordeiinkiold ami Lilljoborg, Vol. I, )). l'2',l ■i LetterH of 1 )r. A. V. Middciulorf, Dr. Eiiiil Hornb, Dr. U. Colktt , Dr. liuopold Van Schraiick, and otlierH, Vol. I, pp. 418-433. » Article by Dr. Allen, Part III, Vol. I, p. 410. ALASKAN HERD. 243 sucli a valuable industry could not in some way c«t»adian recoj?- nition. l)e protected." Mr. Walter E. Martin, head of the firm of C. ,Oi'i»i«i»*<'«L<»>- W. Martin & Sons, already quoted, says "that tlio preservation of the seal herds found in the North Pacific regions is necessary to the contin- uance of the fur-seal business, as those herds are the principal sources of supply of sealskins left in the world, and from his general knowledge of tlie customs of that business deponent feels jus- tified in expressing the opinion that stringent regulations of some kind are necessary in order to prevent those herds from disappearing like lierds which formerly existed in large numbers ill the South Pacific seas."* Sir George Curtis Lampson, already men- tis »i»ed as the senior member of the house of C M. Lampson & Co., says that he "has no doubt tlirtt it i.s necessary in order to mahitain the industry that steps should be taken to presei've tlio existence of the seal . herd in the North Pacific Ocean and Bering Sea from the fate which has overtaken the herds in the soutli seas."^ The said firm of Lampson & (^o., in a Iciter to the Earl of Iddesleigli, First Lord of Ilcr Maje,sty's Treasury, d.ated at London, 'Wiilfoi' K. Mill tin, Vol. 11.]). 570. *Sir Gforgo C Luuipsou, \'ul. II, p. 366. 214 PROTECTION AND PRESERVATION. (luu ()|»inioii of Loii- November 12, 1886, in relation, among otlicr m furriurs. things, to the preservation of the Alaskan lierd, states that " should Great Britain deny the riglit of the United States Govennnent to protect tlic (seal) fishery in an effectual manner there can be no doubt that the Alaska fur-seals, which furnish by far the most important part of the world's supply of sealskins, will be exterminated in a very few years, just as in the South Atlan- tic, the Shetland and Georgia fur-seals, whidi used to furnish even finer pelts than the Alas- kas, have already been."^ Again, in September, 1890, Lampson & Co. wrote to the Forei<^u Office that " unless a close season can l)e arranged immediately the animal will undoubt- edly become extinct within a very short time." - Mr. C. Hawkins, a British subject, in a letter already mentioned, addressed to the Marquis oi' Salisbury, states that '* this wholesale slaughter of the females will, in a sliort time, bring about the extermination of the seal in that district if not arrested."^ Opinions of M. Ldou Rdvillou, a member of the well known Parisian firm of Revillon freres, which has been engaged in the manufacture of sealskin gar- ments for over twenty years, in speaking for his 'Britisli Blno Boole, U. S. \o.l> (1890), C-H131, p.24. ^ Britisb Blue Book. U. S. No. 1 (1891), C-G253, p. 11. •J British Blue Booli, U. S. No. 3 (1892), 0-6635, p. 5. ALASKAN HERD. 245 coiTipauVj sfiys: "We firmly believe that if the Opinions of ' -^ "^ •' _ ^ French liiiriers. slaugliter of the Northwest Coast fur-seals is not stopped or regulated, the Alaska fur-seals will disai)pear entirely, as is the case with the seals of the Shetland Islands."' The same belief is also stated by M. Emin Hertz, head of the fur firm of Emin Hertz & Cie., wliich is located in the city of Paris. He says: "If this pursuit in the oi)en sea continues as in the past two years, the said firm firmly believes that in a short time the !-e;d will exist only as a souvenir and will be completely exterminated." - Mr. Elkan Wasserman, of San Francisco, who opinions of , , !• • X' .1 • . iirf Americun furriers. has been a turner tor tlurty years, says: "I'rom my knowledge of the sealing business, I am satis- fied that the seals will be entirely exterminated unless protected from the nidi scrim inate jnirsuit in the waters that has been going on for the last few years." ^ Mr. C. A. Williams, one of the original members of the Alaska Commercial Com- pany, formerly lessees of the Pribilof Islands* but no longer interested in those rookeries, says that if open-sea sealing continues the seals of Bering Sea will within five years be as extinct as tlii' seals of the South Sea Islands.^ And Mr. 1 Vol. II, ]!. :)!i(». 2 Vol. II, II. .".ss. 3 Vol. II, i..,".:u. * Vol. II, i>. .538. '^:,-: ^"4 ll !'' m ^^^ rm'^.^:^A wm 246 PROTECTION AND PRESERVATION. Opinionn of Hennuii Liebes, already ,'ipokeu of as beiiio- tlic Aiiiericuu ftiiTioiw. lar<«est pureliaser of the Nortliwest catch jir Victoria, British 0(»luiiibia, pUices the time of cx- teriniuatiou at tiireo years unless the herd is pro- tected from the depredations of pehi'i-ic s(»alers.' Opiiiioiis of pe- 'I'urnine: now to those still more conversant IllglC HOUlCI'M. " with the wasteful destruction of life throuuli oi)en-8ea sealing, the resulting- depletion of the; Alaskan herd, and the probable effect of contin- uing pelagic hunting, the «)pinions alread}- gi\on are still further sustained. A great nund)er ot' these men, sealers with more or less experieucr, unite in declaring the necessity of protecting tlic herd in order to preserve it from certain exter- mination in the near future. Alexander McLean was asked the question: "If sealing continues ns heretofore, is there any danger of exterminatinii them [the seals]!" He replied: "If they con- tinue as they have been since I have been in the business, I will give them ten years. After that the sealing business will be about finished." ' Mr. Mon'is Moss, vice-president of the Sealers' Association of Victoria, British Columbia, sa)'s : "It is very important that if the fur seal is to he preserved, it must be protected from indiscrim- inate slaughter in the open sea or it will soon lie ' Vol, II, p. r>u. » Vol. II, p. 438. mm ALASKAN HERD. 247 exIiauHted."* .Tolin Morris, a sealer of expori- Opinions of pe- lagic itualers. f^nce, already meiitiotiod, says: "With the pres- ent iucreasiiip^ fleet of sealing vessels the seal herd will soon become exterminated unless some tostrictit lis are placed upon pelagic sealing."' \VMlliam H. Long, who has been a hunter, a mate, iuul a captain on sealing vessels, says: "T think if something is not done to [)rotect seals in the North Pacific and Bering Sea they will l)ecome exter- minated in a very few years." ' Caleb Lindahl, who has sealed both in arctic and antarctic se*is, sMys: "If they keep on hunting them in the Mering Sea and the North Pacific, in the same way they have done in the last few years, they will extcnninatt! them in the same way [as in the southern seas], because most all the seals killed {ire females."* To these statements might he added many others of those experienced in open-sea sealing.^ The certainty of extermination of the herd if opinions of in- not protected is also set forth by many of the Indian hunters, whose long experience and care- ful observatiov ^' the condition of the mijrratinsf • Vol. II, p. »J2. -Vol. II, p. 340. 'Vol. II, p. 458. 'Vol. II, p. 4.-)6. ' Tlioni.is (Jibson, Vol. 11, p. 432; A. .1. ITofTninn, Vol. IT, p. 447; V. F. Feeuoj', Vol. II, p. 220; Liitlior '!'. Fiunkliu, Vol. II, p. 426; U. Holm, Vol. II, p. 368; Martin Benson, Vol. II, p. 406. 24« PROTKf rrON AND PRRSERVANIOV. '^^.* f*'- si ^^ w M:^--: (>i.iiii.m!» of in-liord tVoiii \iiiir to yoar inako tliom fully coiiinc- t(!nt to }jfiv(f an opiniim of value and woijj^lit. Alfred Irviiif;»-, a Makah Indian hunter, says: "If they keep on killing^ them with *^uns there will be none left in a little while.' Selwish Johnson, of the same tribe, sayw: "If hunted with gnus they will all soon be destroyed.'"^ Gonastut, an Indian belonging to the Yakutat tribe, after stat- ing that seals are becoming very scarce, gives as a reason that too many schooners are hunting; them, adding " Seals will soon be no more unless the Great Father stops the schooners from hunt- ing."'' And a great many more Indians make like statements.* Opinions of Other witnesses, who are thoroughly familiHr other wituesses. ^ •/ with the habits and nature of the Alaskan fur seals, or who have had ample opportiniity to ex- amine the constant decrease and compare it witJi the known facts and figures of pelagic sealing and its increase, give like opinions as to the nerd of protection if the seals are to be preserved.'' Mr. Maxwell Cohen says: "After twenty-two years' experience in Alaska in the fur business, I •Vol. II, p. .387. « Vol. II, p. 389. 3 Vol. II, p. 238. * Peter Brown, Vol. II, p. 378; Thomas Zolnoks, Vol. II, p. H99; Chillies Martin, Vol. II, p. 297. \Samiiel Fakoner, Vol.11, p. 162; M. A. Healy, Vol. II, p. 28; A. P. Lon.l, Vol. IT ,.. .ia, H. O. Otis, Vol. II, p. 88; Wni. II. Wil- liiiius, Vol. II, p. !M; Aggie Kiishiu, Vol. II, p. 130; C. M. Scam- mon. Vol. II, pp. 475,476. ALASKAN HERD. 249 liiivo no liositatioii in s}iyini»- that if the fur-seal ophiioiiM wl- cdye of seal matters, that if this indiscriminate and reckless destruction of the Pribilof sghI herd continues as it has done in the [)ast six years in Bering Sea and the North Pacific, the seals will be practically exterminated in a very few j-ears, even if the United States (xovernment should not allow any seals to be taken on the Pribilof Islands, for the destruction of females in the water has reached a number that can not be met by the annual increase," " The facts thus submitted are, that the Alaskan Conclusions, seal herd has decreased to a great extent in the last few years; that the sole cause of such decrease has been the indiscriminate and waste- ful slaughter of seals in the open seas, particu- larly pregnant and nursing females; that if such destruction continues the northern fur-seal will l)c practically exterminated; and that both from 2716- -32 ' Vol. II. p. 225. 3 Vol. II, p. 46. li'^ r m.^,^V:l K ¥ M^' TrrKf !*ii:ib;i 250 PKOTECTHBN KiUi PRESEEYATION. Couclimiona. a scitMitifir j)oiiit of vi(^u and from nctual pxpcri- eiU'o it is mM'<^!4Hnry to ))roT <>t slau<,'"hr,t-r in order to preserve tlic specieH. Mofuis neces- (7noii the questioii what are the restnetions ui Hiuy. ... proliihitious needful to acconiidish the desii('(| results, it is <>uly necessary to consi(U3r tliosc appHcalxle to open-sea seahujj-, for it has ahejidv been shown that i-ej^'uhitions can be enforced upon tlie Pribilof Ishuids so that a certain num- ber of young male seals can be taken annua II v on the inlands for an indidinite period without decreasiiajg or impairing' the normal condition e placed in two classes, absolute prohibition and limited })rohibition. Naturally, the majorrtrv of those whose interests would l»o affected by an abs. li.'c'; H. H. M.'niyn-. Vol. [I, p. .l,->; William H. Williams, sol. 11, |i, 94j litioc^ Wanlnimi. vol. II, i>. 17!»; W. H. IJall. vol. II, p. I'l. ■I;; '4i:i Mm m, ft- 1 " ALASKAN HERD. 251 limited prolii})ition, wliile tliose who are unbiased Motms neceH- s:irv. by interest ' ex])erience in the fur busine.ss has made him thor<)u<>;hly com})cteut to speak on this ([uestion, and wh<»se interest is no longer affected by the preservation of tin- seal herd, says that he "regards it as important that the seal herd should be })rotected * * * in the North Pacific, as otherwise they will be exterminated, even if .sealing be prohibited in the Bering Sea."^ Dr. II. H. Mclntyre says: "In my judgment the seals should be jn-otected in Bering Sea and the North Pacific, and tli;it pelagic sealing should be entirely prohibited in said waters."'' Mr. Alfred Fraser, already men- tioned as a British subject, whose interests jiic entirely with the contiiuiance of the sealskin 'Vol. II, p. 24. «Vol. II, p. 538. ' Vol. 11, p. 46. i. 4 ALASKA:^ HERD. 253 indnstrv in Loudon, says "tliat, in his iudffment, Absolute pr<.iii- the H))sohite prohibition of ))olagic sealing-, i e., seai'i'g- tlie killing- of seals in the open sea, whether in the North Pacific or the Jiering- Sea, is necessary to the })reservation of the seal herds now surviv- ing."' J3esides the statements jjiven above, uianv otlier witnesses express the same opinion." Those asserting- the Jieed of oniv a limited pro- Limitoiiproiiii.i " •' ^ 1 1 on o I pt 1 :i <{ I r Ii;])ition are divided in their views as to tljc '*''■''"'"• means necessary, some advocating- a close season, in which all killing- of seals should l)e prohil)- ited, others that the use of lirearms in taking- seals should be forbidden, others that the seal herd should not be molested in the waters of IJering Sea, and still others who btdieve that a zone about the islands of from thirty to fifty miles would be sufficient. The first of these propositions is supported by a \. II, p. 3-'(J. ■^■J&^ mtn lHI* 254 PROTECTION AND PRESERVATION. 1 iVNS*, , "li i< pii; AcioaespaKoii. Sticklniul, iVom May 1 to Se])teinber 15 ;^ Fnnik Johnson from the Lst of .Julv to the end <»f the year:^ G. E. Miner, from January 1 to Au<>'ust 15.' James Kiernan says the seals sliould he protected from February until October,^ and Isaac M. Lenard, from February to November ' Tliomas Brown (No. 1.) says that in order t(t prevent the extermination of seals tlie Imnting- of them sliould be prohibited until after the motlier seals give birth to their young-;* wliich opinion is also advanced l)y Capt. Victor Jackobsoii.' William Short say;: that sealing should be i)ro- liibited in the Nortli Pacific before the middh^ ot June.^ And Charles Peterson says: "The prac- tice of taking seals in the water before they give birth to tlieir young is destructive to seal life and should be prohibited." * A close Hoasoii ^ olance at the above opinions of those who liave been or are engaged in pelagic sealing is sufficient to show that a close season can not accom})lish the preservation of tlie seal, for, taken ' Vol. II, p. 350. ■^Vol. II, p. 441. ^ Vol. II, p. 467. See also Georgo Dishow, Vol. II, p. 323. < Vol. II, p. 451. »Vol. II, p. 217. «Vol. II, p. 319. 'Vol. II, p. 328. "Vol. II. p. 348. « Vol. 11, p. 346. fl'iin •■'Ir m- Si''' ' :: ■'^- w' ■'•^mtH 1^'. '^^ ^mt • .;, ' • "' '^ irfn/ • F .'l"' [''"*' ; ■ ,if) ^. ••( s>^. ,.;. ''^m ALASKAN HERD. 255 (M)llectively, every "loiitli in tlioycar iscomnrised a ri • E't 25fi PROTEf'TION AND PRESERVATION. Mm [miWm'\- -x ' Proliibitioii use A (lost' season uoiisly from tlioii till Au}jfii.st." I'rofessor Huxlc'V iiiiltriuticiililc. -^ " ^ ulso says: "In such n case as this I do not believe that the enforcement of a close time, either in IJerinjr Sea or on the Northwest Coast, Avould be of any practical utility, unless the fishing is absolutely })rohibitecl." ' rohii.itioii of The second means of protection, the prohibition ot hreaniis. "^ ' (^f the use of firearms, is naturally advanced b\ the Indian hunters.- It is but necessary to recall the fact that with less than twenty vessels engaged in sealing during- the years from 1880 to 1885, when spears were practically the sole weapon ib»ed in the chase, the seals ceased to increase.' If, then, the present fleet (^f over a hundred ves- sels carried only Indian hunters it is evident the seals would still decrease, for the catch of tlic Indian, like that of the white man, is composed of the same proportion of female seals and is entirel}' indiscriminate/ The third proposition is to close Bering Se;i, from the invasion of sealing vessels.'' "^Plie same suggestion made on the last point stated, that the seals ceased to increase from 1880 to 1885, with ProhiViitioii of |i('lii;;ic MMliiiu ill Ijui'iug i^a. 'Statement of Prot. T. J. Uiixley, Vol. I, p. 412. ■Twoiigkwiik, Vol. II, ].. '>U\; Kiii^' Kooaa, Vol. II, p. 240. Sfi) also F. R. Kiiis'-Miill, Vol. II, \>. :«4. ^Jnte, p. 165. ^Mifliael WoDskoot. Vol. II, ]k 27.">; Rolit-rt Kooko. Vol. II, jt. 296; .lack Sliiicky, Vol. II, \>. 2«t; Cliarlif Tlaksatau, Vol. II, p. 270. 'William H. Smith, Vol. II, p. ITK. ALASKAN IIEUD. 2;') 7 g Sea saiiu' lit the , witli less tliMii twenty vessels iii the busiiuiL^s, is finpli- Pniiiiiiiiion «f |M'liijiic sciliiif;- ill ial)le to tliis method of protection; tor, as has ist'iiujj tj^'i- iihvady been stated, the seaHn^ vessels at that lime seldom entered Merin"' Sea, eontininir their (ipeivitious {dmost entirely to the North Pacific,* and therefore a lar<^e increase in the fleet, even tlionu'h e.M'luded from that sea, would idtimately cause the practical extinction of the hei'd. The ISritish Government, throui^'h its Minister to the I'liited States, Sir Julian Pauncefote, in April, 1s:H), submitted proposals for a convention, iu relMt!')U to the sealinj^ industry in ]ierin<^ Sea and thv' Sea of Okhotsk, in which Great Britain, h'ussia, and the United States shonld join. In these proposals the area sugg-ested to be closed included not oidy Bering- Sea, but a considerable portion of the Pacific Ocean south of the Alaska Peninsula and the eastern Aleutian Passes.^ And in the earlier correspondence Great Britain even proposed to extend the legislatives protec- tion as fai" south as the forty-seventh parallel.^ Sir George BackMi- Powell, one of the British Bering Sea Commissioners, ni an article which was published in "The New Review," February, ' Jh/c, p. IfiG. ■ l.ctti'V of Sir J, raiiiurlolc ti) Mr. iJlMiiic, (luted Aiti'il — , lN:t(). iiu'losiirc 1. Mr. Wliitc to Mr. liiiVMid. April :J(i. 18^!X: Miiniiiis of .Salis- » .1 7 1 iiiuy tnSirL. West, April Ki, 1X8S. Sec also Sir. Jiiliiiii I'aiiiici'folo i(..\n-. Whartiiii, .liiiit' 11, 1S!»1. ^m W^ !71l. I, ]). .571. •'(!liiirt of coiirso of sclmoncr Alfred .Idnms, \'ol. I, )). .")13. ' Cliai't of f'.()iir,s(! of H liooiuu' Ellin. Vol. I, p. '<'2^). 'CliMll 111' ((iiirKc of si'lioonrr .liinic, N'ol. I, ]). .");U. 1*^ 'im ^^ - «;^, 200 rnOTECTTON AND rRESETJVATIOIf. m^::^:^ .*S^i^,t?'5it; coiiiMHoC sciii- District, Vfincouvor Island, one of tho liuntcis on board the Hritish sclioonor C((rolin(i,Hin7A-i\ l»y Ca})tiiin Al)l)oy, United Statos Rovonuo Marl: 1 , in iSSd, says: "Durinj>- tlie time wliilo wo w( iv ernisin.iif alxait wo wcn^ in tlio open sea f>nt u[' siju'lit of land.'" Much otlier testimony of tiic same nature mi<4ht he advanced, but it will I snfficient to mention only tho declarations df James Dou^^-las Warren as to the ])laces nf sei/iUre in the cases of the W. P. Snijivanl, draii', A)ni(i Beck, Dolphin, Alfrnl Ar«>e IJaden-l'ovvell, iu tl\e article pub- lished ill tlie "Loiubm Times," already referred to, says: "As a matter of fnct the Canadian sealers tiike very few, if any, seals close to these (the IVil.ilof) islands." 'V\w American Commissioners in their report, Fo^s in lUring ' Soil. iii'ter speakinn;' of the absurdity of such a pro- posed method of protection, say: "There is nhiiost constant cloudiness and dense fof^, and it is (litHcult for a vessel to know her own location w ithin ' jasonable limits after having- cruised about for a short time. A margin of uncertainty would be nearly as wide as the zone itself . . . In most cases it would be dilticult to prove that the sealer was actually within the forbidden area."^ Cajjtain She})ard, of the United States Revenue Marine, who seized a number of vessels in 1887 and 1889, while eng-aged in sealing- in Bering Sea, says : "It is ray opinion that should pelagic scaling- be prohibited m a zone thirty, forty, or fifty miles about the Probilof Islands, it would he utterly useless as a protection to seal life, because female seals g-o nuicli farther than that I British IJiut' Hook, U. S. No. 2 (ISJIO), (.'-6131, p. 101. Siic also Williiim If. Smith, Vol.11, }>. ITS: Frt'd Sinitii, V^)l. 11, p. 3t9. 'Report of Aiuei'ican Hfiiiig Sea t'ouiiiiis8iimer.s, [wxt, p. 376. t *''jiv.i:i* 'MbM Ami l#!itif:| IMAGE EVALUATION TEST TARGET (MT-S) // ^ .^. 1.0 I.I m 12.5 2.2 2.0 1.8 1-25 1.4 1.6 ■• 6" ►

^ .>; ^^ '■> Photographic Sciences Corporation ,-\ «^ rv 23 WESr MAi^' ^ \ ^\ :& <> 202 PROTKfTION AND PRESKRVATION. tieu. - -t». -•; m ^■r^: ^-^- F<>};« ill Bering in search of food, and because foo-s are so preva- lent about tliose islands that it would be impos- sible to enforce any such prohibition.'" Caj)taiii Abbey, also of the United States Revenue Marine, wii"» seized several sealino^ vessels in ISSG ii. 13enng Sea, says: "Fogs are ahnost constant in Bering Sea in the sununer tune. During tlic fifty-eight days I cruised in those waters fiftx - four days were foggy and rainy, the other four days partly clear. On this account it is most difficult to seize vessels in liering Sea. The re- ports of the guns of the hunters might often be heard when no vessel could be seen. For fifteen or twenty days at a time I did not see the sun, and never while in Bering Sea did I see a star, the nights being continually overcast and foggy. "^ Captain Bryant, already mentioned as the Government agent on the Pribilof Islands from 1870 to 1H77, and who prior to that time had been captain of a whaling vessel which for several years ha«l been in Bering Sea, says : " A zone thirty, forty, or fifty miles about the island in which seahng is prohibited would be of little or no protection, as the females, during the breeding season after their pups are born, wan- der at intervals over liering Sea in search of food. But, to suppose an impossibility, even it ' Vol. II, i». 189. n'ol. II, p. 186. ALASKAN HERD. 263 sucli a zotio couM protect seal life, it woiiM Ix'sel"'' '" ^"'""^ Impossible, on account of the atmosphere beiny so constantly foggy and misty, to prevent ves- sels from crossing an imaginary line drawn at such a distance from and aluuit the Pribilof Islands.^ Others also consider this (picstioii of a protecting zone and give the same opinion as the witnesses (quoted above.^ Commander C/Iiarles J. Turner, of Her Majesty's cruiser Nifmphk^ which was in Bering Sea in 1891, states tliat "the weatiier experienced on the whole was very foggy and rainy, and the fogs greatly aided the sealing sr]Hn>ners in escaping observation."^ And Lord Salisbury, in discussing the possibility of limiting sealing to one side of a line drawn through the sea, says "that if seal hunting be })rohil)ited on one side of a purely imaginary line drawn in the open ocean, while it is permitted on the other side of the line, it will be impossible in many cases to prove unlawful sealing, or to infer it from the possession of skins or tishing tackle."* And the soundness of this statement is still more evident when such an imaginary line is almost continually enveloped in fogs and mists. 'Vol. II, p. 9. n\. H. Molntyre, Vol. II, p. 46; A. P. Loud, Vol. II, p. 39; (ieoig.' Waidiiuin, Vol. H, p. 179; II. W. Mclnlyre, Vol. H, p. 138; H. N. (lark, \ol. II, p. KM). 'iiiitisii niiio Hook, niiii.'ii statos No. :{(is:»i>), ( -(i(wr>, p. 115, 'Sir .Inliiui I'luitnclote to Mr Wiiiiiion, .liiiii; (i, 1S91 (la- I'lusiire). 204 THE SEALSKIN INDUSTRY Ai.sniiit.' i>r<.)ii- After a careful consideration of the fum- Buiiiiiij; iiecenBiuy. methods of limited protection proposed above, it is evident that none of these can preserve tlio Ahiskan seal herd from certain destruction in the near futiu'e, no matter how stringently they may be enforced. The result, therefore, of this con- sideration is, that, if it is deemed necessary or expedient from a practical and commercial point of view to preserve the seal herds of the Nortli Pacific and Berintoii, Vol. II, PI.. .-.!l3-e94; «»org« Fo>,'«!l, Vol. II, p. 424; C. A. Williams, Vol.11, ]>. .">3(); Oeorjj;e Coiiu'r,Vol. II. p. ,')!Ht; Alfred Friwer,Vol. II, p. 555. Article by Ur. Allen, Parts I ami II; Vol. I, pp. 375, 3U4. '.In^e, p. 218. < C. A. Williams, Vol. II, p. 541. 2716 34 266 THE SEALSKIN INDUSTRY HI w SonroMi of »up- iHlaiuls, Lobos Islaiulij,' St. P'elix and St. Aiiiliiosi islands,* the depleted condition of all whicli is well known, except Lobos lisland, which, as before shown, has been long protected by tiio Uruguayan Government.' The arctic sup})ly was, as now, the Pribilof Islands, the Ooniinaiider Islands, Ilobben Reef, and the Kririle Islands, all these except the last mentioned being directly under the control and management of the Russian American Company. Markets. Prior to 1870 all the fur-seal skins save a few thousand were marketed and sold in China, where the skins were plucked,* the comiuercial value being about five dollars in that country and something less in Europe ; ' but the supply being so irregular the market price fluctuated so that a cargo of skins was sometimes sold as \o\\ as fifty cents per skin.' Russia also received a portion of the supply obtained by the Russian American Company.' A few skins, however, I C. A. Williams, Vol. II, p. 542. » Article by Dr. Allen, Prtrts I and II, Vol. I, pp. 371, 393; Oiiftiu y, Vol.ir.p.m 'Eiiiil Teichmann, Vol. II, p. 578; Alfred Frazer, Vol. II, p.5.")C; Urnjjuii.viiii doeiuneutH, Vol. I, )). MX. .577; C. A. Winianis, Vol. II, p.nil; Letter Iroiu the Board of Administration of the Hiissiau Aimiii an Coin]):in,y to General Manager Itaranof, d.ited April 6 (18), 1817, Vol.1, p. 80. »/6irf, Vol.n,p..">42. •Letter from Board of Administration of Russian Amoriraii C'cmi- pany to Captain Rudakof, dated April 22 (May 4), 1853, Vol. 1, p. »-2. IN THE PRESENT. 267 w^re purchased in Enj^laiul by J. M. Oppenheim Markets. iSi Oompany,' and in the fifties New York* also re- ceived a supply from the Russian Auiericun Com- pany, but it was not until the lease of the Pvibilof Islands to the Alaska Commercial Company in ir~0, and through the united efforts of that Coirpany with C. M. Lampson & Company that the sealskin industry received the impetus which lias built it up to its present condition;^ At the same time the methods of dyeing and dressing the skins were perfected through the same ngency, and sealskins made an article of fashion ill general use in Europe and America, and became much more valuable as merchandise* IN THE PRESENT. As a result of these endeavors and the increased |)rices, London has become practically the sole market in which the skins of the fur-seal are sold, anto 7r),()()().- The value of these skins before })ayin}r custom duty to the United States is shown to averiijfo for a series of years about '$2Ft per skin.' On these injpoi-tations the Government of tlie United States rec^eived a duty of 20 per cent advalorcm, or an annual revemu; from dtities on dressed nnd dyed Alaskan skins amountinj^" to the sum of $37r),O()0, which makes the total annuity of the United St.ites Government, derived from the Alaskan seal herf Islands. In the United States these imported dressed and dyed skins nre lo- modeled and manufactured into seal-skin articles, for which the people so emjdoyed receive on an averaj'-e 87 a skin, or for the 70,000 skins so I Hritisli Blui' Book, IT. 8. No. I (ISitl), ('-«2.53, p. 11. *Stuteiuuiit of Ainurican iiuluotry by furrierti, Vol. II, p. 52G. LOSS IK UV.UD UKSTROYEO. 271 imported aiinuallv the sum of S49(),0()(>.' When i-osh to Uuitod to this is !i(hle»l the profits to the wholesaU^ and retail furriers and merchants enj^aj^ed in the seal- skin industries in the United States, which, aceord- in<^ to the American furriers quoted above, are ahout S30 a skin, or on the 70,000 skins annually imported !s2,100,000,' the total amount received each year in the United States "om the man- ufactiu'e and sale of Alaska skins aji-jTrej^ates >^'J,r){M),000. The averaj^e jmco per skin for "Alaskas" in the London market for the last ten years, when the lease to the Alaska Connnercial Company was in force (1880-1889) and when 100,000 seals were taken annually, was ()8,s\ Htl.'^ or (allowinfi' 24.3 cents to the shilling,') about !>1().50. The present lessees, under a normal condition of afl'airs, mij^ht expect a simihir price. In procuring the skins they pay the Unite3 per skin for wages of emj)loyes, transporta- tion, etc., the cost of a rfiw Alaska skin deliv- ered in London would be about $13.25, which selling at the average price of $16.50 would make a profit to the lessees of the islands of $3.25 per ' 8tiit«'iiiPiit of Ainericnii industry by furriers, Vol. II, p. .526. ^Tables of prices xirupured by Mr. A. Frasor, Vol. H, p. 561. 272 THE SEALSKIN INDITSTKY. [... '^'.«^ ^^,% ^yV M m Si LOHH StllUiH. :ri 11 I.IINH llriliiiii to Unitrd skin, and on 100,000 wkiiis the profits would lie 5j»32r),000. The natives who drive and kill tin seals on the Pribilof Islands also receive 40 cents for each skin, or for 100,000 the sum of §40,000. Therefore the destruction of the Alaska seal herd would mean an annual loss to the Governnuiit and people of the United States of 84,330,( )(»(). to umit The sealskin inSl(i per skin, would amount to $196,000. The next expense put upon the skins is dressing and d}e- ing them, which is about 16s. a skin,* makinjj in ■ Kuiil Teicliiuitnn, Vol. II, p. 582; (JeorKo C. LampBon, Vol. II, p. 56.5. -" Kiiiil Teichiiiann, Vol. II, p. .582; Walter E. Miutin,Vol. lI,p.;.tlS; Q. C. Laiiipson, Vol. II, p. 565; George Kice, Vol. II, p. 574;ArtliMi Hirscliel, Vol. II, p. 563. » Henry Poland, Vol. II, p. 571 ; H. 8. BevinKton, Vol. II, p. .")!•. * Henry Poland, Vol. II, p.. 571 ; Walter E. Martin, Vol. II, p. :>i\X; G. C. LainpHon, Vol. II, p. 5(i5; George Kice, Vol. II, p. 673. " H.8. IJevington, Vol. II, p. 553. LOSS IK IIIIK'K hKSTKOYI'.n. 273 iill for the 1()0,(H)() tin* sum of s.'i(;H,(K)0. Tliis i,..mh u, (inut Itiiluiii. niiik(>s ill! iiniiual loss t(» (irciit Hritaiii, in cmso the Alaskmi herd is roimiU'n'ially exltrmiiiatt'd of 8404,000; hut this is only a jiitrfial statniicnt of the actual (lania;»'e sustaincil, for the deprivu- tioii of eigiit-teiiths of the seal-skin supply must iieeessarily reduce the industry in (Jreat Britain to a condition which will lead ca)»ital to abandon it; and u permanent plant valued at tHO,()00 would become entirely useless if the scfd-skin industry were to come to an end.' The French Republic will als<» sufli'er a serious ^'"»s *» rranco. loss from the destruction of this valual ■ herd of fur ]»<>iiring animals, on which th(» s( alskin indus- trysohirj^ely de})ends. The Paris firm of lii'vi lion Freres has alone in the last twenty years bou^^ht upwards of 400,000 sealskins, the majority of which have been made up into j'arments by said firm, the sales 6f which have amounted to about 4,000,000 francs annually for \\iv, period of twenty years. This firm employs about three hundred persons, who are skilled laborers, and who would be thrown out of employment by the withdrawal of the supply of skins furnished by the Alaskan herd; and it is safe to say from five to six hundred persons are dejx'udint iipon the sealskin industry in I'raui-e.-' If the 20,000 2716- ' Artliiir niiscli.'l. Vol. II, )). :.(!:!. •Lfoii KVvillou, Vol. II, i>.r)!H). -35 Z'-^'^m 274 THE SEALSKIN INDUSTUY. lidSS to 'iinco. skins annually purchased by this firm ct)st 825 per skin in London,* tlie total cost would Ix? about 2,500,000 francs; and the annual loss to France through this firm's business being- aftectcd by the destruction of the Alaskan seal herd would be about 1,500,000 francs; as there are other fur companies in France also dealing in sealskins the loss would undoubtedly be nuich more than the figures given. L«.38 to the world. Simply relying, however, upon the actual loss sustained, as herehibefore demonstrated, and adding the $3.00 per skin allowed as expenses paid the employes of the lessees of the Pribolof Islands, transportation, etc., amounting on 1 00,()(JU skins to $300,000, the total annual loss to tlu' world from the destruction of this great seal herd would amount to over $5,000,000. Besides this a large number of persons employed by furriers and fur houses would be thrown out of employ- ment, and the three hundred natives of tlie Pribilof Islands would be deprived of their solo means of sustenance, and become a charge u[)()n the United States Govermnent. Xcrri of iPRiiiar It ig tii(3 further testimony of all those engaged suypl.v of skills. •' r^ !~ in the sealskin business that in order to main- tain the industry it is necessary that the supjtly 'Sttttemeiit of American furriers, Vol. II, p. 526. INVESTMENTS. 275 (»f skins sliould be constant and regular/ other- x«'''<> "f roKimr supply of skint). wise tliere is j^reat danger of loss to the buyers or sellers through fluctuation in prices, and the business of buying and selling becomes specula- tive. That this has been the result upon the market, through pelagic sealing in the last few years, is clearly shown by Mr. H. S. Bevington,' and his statement is supported by the American furriers and others engaged in the fur trade.'' It is therefore evident that even in case open-sea scaling covdd be earned on without insuring the destruction of the herd, the results would demor- alize and j)ractically ruin the sealskin industry, now so finnly established. INVESTMENTS. FTaving reviewed the general loss to the world Caniidian \m " ° nu'iir, in 181)0. by the . ij53. StatoMK'ut nia. Lxxxv. ^Euiil T«drlimiinn, Vol. II, p. 582; W. E. Martin, Vol. II, p. 508. » Alfred Fraser, Vol. II, p. 562. »ll :^i?^ 280 THE SEALSKIN INDUSTRY. ■? -- ->. ■■f^:f %%/^i Ml ■■ i- '■.'IP''-. v . iN — ■} . ' *> ■ Vaini- to Ciiiintia United States realize anniiallv on Alaskan skins consumed ni the Umted otates the sum of $2,100,000; the ag-greg-ate amount annually paid as wages to those emjdoyed in the Americjui manufactories to be $490,000; tiie receipts of tlic Pribilof Islands natives to be 840,000 annualh-; and the })rofits of the lessees of said islanrls, when 100,000 skins are taken, to be 832r).(>(i(i. The o-ross amount thus received by citizens of the United States each year from the Alsiskaii catch is about 83,000,000. The value of tit- Victoria pelagic catch for 1891 has not been published in the Can"dian Fisheries Reports, but assuminj^ the value of the Victoria pelagic catch to be 8492,261, as j^iven by the Canadian report for 1890, which has been shown to bo abnormal, the gross Canadian receipts per annum from the sealinj]^ fleet are less than KJi per cent of the total profits to the citizens of the United States from the Alaskan catch. If the annual receipts to the United States Government bo also included, the f^ross sum received by C/anada from her sealskin catch is 11^ per cent of the annual profits to the Government and peo})le of the United States on "Alaska" sealskins. i:ini>io.v<ria sealiiii'- iiuhistrv in •'•''*•'' «*«*«'*'• 1891, accordinfif to the Canadian olHcials, and Hve times as nianv as were so (!n<>a;»'ed in 181)0. The receipts of France from her sealskin in- ('"iitinHt )>o- •^ twi'fii r ri'iirli iiml diistry has been shown to be over s3(MM)(Mi<'aiii..iiiiii invest- (1,500,000 francs), whicli is at U^ast (Jd per cent of the gross recei[)ts of Canada from pelagic sealing- in a year when the i)rices of Northwest skins were abnormal. Under natnral «'onditions, as in 1888 or 181)0, the Frencii receii)ts from the industry would more than e(pial the gross re- ceipts of Canada from the sealing fleet's catch. The number of men also employed in France is about the same in number as tliose employed in pelagic sealing in Canada in 1890. Tlie number of persons engaged in the hand-(^,.|'j^|j'J,|^'"-^'|'^^" V] ling and manufacture of sealskins in the United '•'''"' '"""i"'-- States, England, and France is, therefore, about 6,400, or over nine times as many as are reported to have been engaged in pelagic sealing in 1890 in Canada, and about six and a half times as many as were so engaged in 1891. It is very questionable, however, whetlier there CMnadian imost- is any real investment In Canada in jjehigic seal- '''"• ing. The vessels are all coi anion vessels, the guns common guns, and the boats coi union ' Statcinciit of furriers, \'iil. II, j». ."181!. 271f 3ii. he at least $3,000. The loss, therefore, to the owner or charterer of the vessel would be cer- tainly $2,000 on his investment. If one thousand seals were taken, it is also evident that there \N ould be a very close margin on the recovery of the money expended, and the investor would ])robably lose or certaiidy not receive one per cent on the capital invested.^ It is, therefore, the possibility of a la)'ge catch which leads jiersons to venture their money in pelagic seal- ing-, and the business is a speculation of the most uncertain character. Those engaged in SpccniatiiiK on ^ "^ Hiiiall supply ot the industry also find the possibility of a small »''''"'• supply of skins from all sources to be a fertile field for speculation, the price per skin being advanced as the number of skins on the market diminishes. It may be said, therefore, that the interests of the pelagic sealing speculators is to deplete the herd and thereby increase prices, unmindful of the ultimate result, which is sure to be the extermination of the Alaskan fur-seal, '^riiis phase of the speculation is referred to in a letter from the British Colonial Office to Sir Charles Tupper, dated June 13, 1891, which reads as follows: "That as the total cessation of sealing in Bering Sea will greatly enhance the ' T, T. Williams, Vol. II, p. 501. m THE SKAI.HKIN INrH'HTRY. ^r ;': Bill 8k Spn niiitiiiK onvaliie of tho proilucG ot' tlio (M)ast fishery, TTor mill Hiiiipl y of >"»• ArMJesty's Government do not ttnticipato tluit British scalers will snff'er to any {rreat extent l)y exclusion from Hering* Sea."' This statcnicnt also met with the views of Lord Salisbur\ .- The cessation of sealing- and the decrease of the seal herd would bring* about the same result, an increase in the price of sealskins. It is more profitable, therefore, for those interested in the sealing venture to have prices raised even if tlic seal herd is depleted, for they will therchN- derive lar<^er rc^turns from the investment. Vcr\' few of the owners or part owners of the Victoriii sea^inj^ fleet are dependent upon pelagic sealiii",'- for a livelihood, so that it is not ])articularly to their interest to jn-eserve the herd, their princii)al o])je(!t being to get large profits, whatever may bo the result. OccnpaHons of Cousul Mvers, in a report to the State Depart- meiit, gives the occupation of seventy-one own- ers or part owners of sealing vessels liailing from the port of Victoria. Of these only fourteen may be said to be dependent on sealing, and twelve others who are emj)loyed in maritime enterprises. The remainder are composed of individuals en- gaged in various pursuits. Among the list may 1 Britisli Hlnc Hook, II. S .No. 3 (1892), C-G635, p. 29. syjiirf.. No. 30, p. 16. INVKHTMKNTH. 285 be found several i)ublic officials, Heven grooera, o.cui.iitioiiH of V<'M»fl (IWIIHrH. a druggist, an auctioneer, a fanner, three saloon keepers, a plasterer, an insurance agent, two iron founders, three real estate agents, a carriage manufacturei", a tanner, two women, a machinist, and others of different i)ursuits.* It is evident tiiat the people who undertake this venture are as varied in their occupations as the purchasers of lottery tickets, and the same spirit which in- duces persons to risk their money in tlie latter has persuaded them to take their chances in the sealing business. Under the present state of affairs the increase Rtsuits of |»ro- tfctiiiK .seiil lieril. of the sealing fleet, the decrease of the seal herd, and its certain extinction in a few years if pelagic sealing is continued, the insignificant invest- ment of Canada for a few years compared with the sealskin imlustry of the world for an indef- inite future seems infinitesimal and unworthy of notice in considering, from an economic point of view, the advisability of protecting and preserv- ing the world's chief supply of fur-seal skins. Prohibition of pelagic sealing means the employ- ment of thousands of i)eople in England and the United States for generations, and the invest- ment of millions of capital. Nonprohibition means the employment of a Results if not few lumdred persons t«)r four or nve years, the 'Repoitof U. S. CoiisiilL. W. Mym-SjAprilSS), l«'J2,Vol. I,p.5U. 286 CLAIM OF THE UNI'lEO 8TATEH rent' yiciiiUi, H.Miiits if not Jnvfstiuent of one or two hundred thousand dol- pnitcrtud. . 1 1 • 1 • uuH in a Hpecuhitive and loHUig buHUieuH, and the final destruction of the Ahinkan seal herd, a never- endinjr Hource of wealth to the world, if properly protected and preserved. CLAIM OF THE UNITED STATES FOR DAMAGES. Article V ..f Article V of the Convention of April 18, 18D2, for the ren(?wal of the Modus Vivendi in Bering Sea, provides that "if the result of the Arbitration shall he to denv the riffht of British sealers to take seals within the said waters, then compen- ition shall be made by Great Britain to the United States (for itself, its citizens, and lessees) for this a<»reeinent to limit the isl id catch to seven tlunisand five hundred a sea n, upon the basis f»f the difference between this number and such larnj-er catch as in the opinion of the Arbi- trators niipfht have been taken without an undue diminution of the seal herds." Classification of Aiiv (lamaj^es to which the United States may duuiagi-s. " become entitled under this Convention must be by way of compensation, first, to the Govern- ment for the loss of revenue sustained through the diminution of the number of seals caught ; and, second, to the North American Conunercial Company fBritltli Blue Book, U. S. No. 3 (1892), C-6635, p. 155. Ik-^ ■^■t- . Du ^'^ CONCLUSION. 293 '^'v^ . ■•" ■'it'.l.lilfc,.! i ■■ CONCLUSION. The United States, upon tlie evidence here- witli Hubniitted and referred to, claim that the tollowinj^ propositions of fact have been fully established : First. That the Alaskan fur-seal, bef^otten, charactcristicB .of the Alaskan born, and reared on the Pruinof Islands, witlnnheid. the territory of the United States, is essentially a land animal, which resorts to the water oidy for food and to avoid the rigor of winter, and can not propagate its species or live except in a fixed home upon land of a peculiar and unusual formation, suitable climate and surroundings, a residence of several months on shore being necessary for propagation ; that it is domestic in its habits and readily controlled by man while on the land ; that it is an animal of great value to the United States and to mankind, is the principal source from which the world's supply of fur-seal skins is derived, and is the basis of an industry and commerce very important to the United States and to Great Britain; that the only home of the Alaskan seal herd is on the Pribilof Islands ; that it resorts t,o no other land ; 295 N^..% •--VI ■i-'-^i: 296 CON('LUSION. Increase. (•iiiiiiiit.risti^/^, United •Stated ii^^i^f^] guperviHion the killinj? of seals upon tlio Pribilof Islands, have prohibited such killino- in any of the waters of Berinjr Sea within the limits of the cession, and up to the present time have insisted upon their riglit to enforce such prohi- bition, but, moved by apprehensions of a dis- turbance of the peace between themselves and Great Britain by the o})po8ition of. the latter, they ceased to some extent to enforce it. Acqiiiesconce of Seventh. That Great Britain acquiesced in tlio Greut Uritaiii. ^ exercise of this right by Russia in Bering Sea and in the continued exercise of the same riuLt by the United States up to the year 188(). Right of control Eighth. That this right and the necessity and uuqueBtioned. duty of such prohibition have never been ques- tioned, until the excessive slaughter of these ani- mals, now complained of, was commenced by in- dividual adventurers about the year 1885. Ninth. That the investment of these ad\en- turers in pelagic sealing is speculative, generally unprofitable, and, when compared with the si al- skin industry of Great Britain, P'rance, and the United States, which is dependent upon this seal herd, very insignificant ; and that the profits, if any, resulting from pelagic sealing are out of all proportion to the tlestruction that it produces. Investments con trauted. ':}^i'/'' ■%' CONCLUSION. 299 Upon the forej^oiiio" proimsitions, if thoy shall QurstioiiB for , , . Tiilmnal. Itc found to be established, the material questions for tile deternii nation of this high Tribunal would iippear to be : First. Whether individuals, notsubiects of the„ Must United ' '' Stiitea Hiiliniit to United States, have a right,a8 against that Gov- J ^^f^Y "''''"" "* ernnient and to whieh it must submit, to engage in the devastation complained of, which it for- 1>ids to its own citizens, and which must result in the speedy destruction of the entire property, industry, and interests involved in the preserva- tion of this seal herd. Second. If any such right can be discovered, teraat^lnafre *u- which the United States confidently deny,^*"«"»^«"'**^*' whether the United States and Great Britainought not injustice to each other, in sound jiolicy, for the common interest of mankind, and in the exer- cise of the humanity which all civilized nations accord to wild creatures, harmless and valuable, to enter into such reasonable aiTangement by concurrent regulations or convention, in which the participation of other Governments may be })roperly invited, to prevent the extermination of this seal herd, and to preserve it for themselves and for the benefit of the world. Upon the first of the questions thus stated thestS!""^^"'*'"^ United States Govermnent will claim: S' a* wm 800 CONCI-rSION. . \ !^l- iiB'ir Prnporty in and First. I'liiit, 111 view of tlio fiicts uud circiiin- right to protect. stances established by the evidence, it has sucli a property in the Ahiskan seal herd as the natu- ral prodnct of its soil, made chiefly available by '. its protection and ex})enditure, hij^hly valuable to its people and a considerable source of re\ ( - nue, as entitles it to preserve the herd from de- sti'uction, in the manner complained of, by an em- ployment of such reasonable force as may be necessary. Snch interest as Second. That, iiTespective of the distinct rioht jiistineH protec- ' ^ " *^<"»' of pro})erty in this seal herd, the United States Government has for itself, and for for its people, an interest, an industry, and a commerce deri\e(l from the le<>iti mate and proper use of the jn-od- uce of the seal herd on its territory, which it is entitled, upon all princi})le8 applicable to tlui case, to j)rotect against wanton destruction by individuals for the sake of the small and casual profits in that way to be gained; and that no part of the high sea is, or ought to be, open to individuals for the purpose of accomplishing the destruction of national interests of such a char- acter and ii.ij>ortance. As trnstee, right Third. TJial the United States, possessing- as aud duty to pro- ' ^ *^^ *eot' they alo'iiie fossess, the power of preserving aud cherishing this valuable interest, are in a most just sense the trustee thereof for the benefit of CONCLUSION. 301 sessino-, as mankind and should he permitted to discharge AstruHtee.riKi ' and iliity tti pn their trust without hindrance. toct. pro- In respect to the second question heretofore '*"'"-" niiiat bo prohib- stated, it will be claimed by the United States, '^"'*" that the extermination of this seal herd can only- he prevented by the practical prohibition of pelagic sealing in all the waters to which it resorts. The United States Government defers argu-,.^.;^^^« "'"""* ''"- ment in support of the propositions above an- nounced until a later stage of these proceedings. In respect to the jurisdiction conferred by TriiMinni mny the treaty, it conceives it to be within the pi'Ov-"J. pieiei.'n.e'^regu! iuce of this high Tribunal to sanction by its de- '"*'""*• cision any course of executive conduct in respect to the subject in disj)ute, which either nation would, in thejudgment of this Tribunal, be deemed justified in adopting, under the circumstances of the case; or to prescribe for the high contracting parties any agreement or regulations in respect to it, which in equity, justice, humanity, and en- lightened policy the case appears to require. In conclusion the United States invoke the iJ.'*^"'"^'''''**'^^ judgment of this high Tribunal to the effect : First. That prior and up to the time of the exSv^rTght in cession of Alaska to the United States liussia *'"°*^ i|# ■ ■■ ■■ *v uim^' »g!l-'«' m iiH lii! w 302 CONCLUSION. Russia exercised asserted aiitl exercised an exclusive rij^lit to tlie exclu.sivi' right in Bering Sea. seal tislierics in the waters of Bering Sea, and also asserted and exercised throughout that sea the rig'lit to prevent by the employment, when necessary, of reasonable force any invasion of such exclusive right. Bcntcd.*^"*'''""'" 'A'liat Great Britain, not having at any time resisted or objected to such assertions of exclu- sive right, or to such exercise of power, is to be deemed as having recognized and assented to the same. "Pad'ik^o^cTau""* 'I'l*'^* *li^ ^ody of Water now known as Bering Sea was not included in the phrase "Pacific Ocean," as used in the treaty of 1825 between Great Britain and Russia, and that after said treaty, and down to the time of tlie cession to the United States, Russia continued to assert the same exclusive rights and to exercise the same ex- clusive power and authority as above mentioned. RiKi,ts..fT?nssia r^.j^.^^ .^jj ^^ -^^^^ ^£ Russia in resi)ect to the iiBsed to Lulled b i seal tisheries in Bering Sea east of the water boundary established by the treaty of March 30, 1867, between that uation and the United States, and all the power and authority possessed and asserted by Russia to protect said rights passed unimpaired to the United States under the treaty last mentioned. tates. CONCLUSION. 303 That the United States liave such a property rmted states have prciperty in and interest in the Ahiskan seal herd as to justify 'i"s :■ Si!^ REPORTS OF BERING SEA COMMISSION. 'ffrmii m 2716 39 809 >^.' ■4 ^- ^i;f-' BERING SEA COMMISSION. JOINT REPORT, An agreement having been entered into be- tween the Governments of the United States and Great Britain to the effect that — "Each Government shall appoint two Com-^j.|*^''^°^'^'®"* ®^ missioners to investigate conjointly with the Commissioners of the other Government all the facts having relation to seal life in Bering Sea, and the measures necessary for its proper protec- tion and preservation. " The four Commissioners shall, so far as they may be able to agree, make a joint report to each of the two Governments, and they shall also report, either jointly or severally, to each Gov- ernment on any points upon which they may be unable to agree. " These reports shall not be made public until they shall be submitted to the Arbitrators, or it shall appear that the contingency of their being used by the Arbitrators can not arise." S07 I'lrr^'-"'" lii'li Sources of infer" matiun. 308 EEPORTS OF nERING SEA COMMISSION. Report. And we, ill accordance with tlie above agree- ment, having been duly commissioned by our respective Governments and having commiini- catsd to eacli other our respective powers, found in good and due form, have agreed to the follow- ir.^- report: 1. The joint investigation has been canned out by us, and we have utihzed all sources of infor- iiiation available. ■ 2. The several breeding places on the Pribilof Islands have been examined, and the genenil management and method for taking the seals upon the islands have been investigated. 3. In regard to the distribution and habits of the fur-seal when seen at sea, information based on the observations recorded by the cruisers of the United States and Great Britain, engaged in carrying out the modus vivendi of 1891, Ims been exchanged for the purpose of enabliii<>' general conclusions to be arrived at on these points. 4. Meetings of the Joint Commission were lield in Washington beginning on Monday, February 8, 1892, and continuing until Friday, March 4, 1892. As a result of these meetings we find ourselves in accord on the following propositions: Meetings of Commiii8iou. ^r-^fe..- JOINT REPORT. 309 *i 5. We are in thorouffh agreement that for in- Duty to protect (lustrial as well as for other obvious reasons it is incumbent upon all nations, and particularly upon those having direct commercial interests in fur- seals, to provide for their proper protection and })reservation. 6. Our joint and several investigations have led conclusions us to certain conclusions, in the first place, in regard to the facts of seal life, including both the existing conditions and their causes ; and in the second place, in regard to such remedies as may be necessary to secure the fur-seal against depletion or commercial extermination. 7. We find that since the Alaska purchase a, Dw i«^a8e of seal marked diminution in the number of seals on and habitually resorting to the Pribilof Islands has taken place; that it has been cumulative in effect, and that it is the result of excessive kill- ing by man. 8. Finding that considerable diff'erence of opin- Furtiier joint ^ report iuij)o6sil>le. ion exists on certain fundamental propositions, which renders it impossible, in a satisfactory manner, to express our views in a joint report, we have agreed that we can most conveniently state our respective conclusions on these matters in the "several reports" which it is provided may be submitted to our respective Governments. 810 EEPORTf* OF BERING SEA COMMISSION. i'i Further joint Sknied ill s ■s^'^m '%■ .'V I-: , ' \ -If:,'",. ■■' REPORT OF THE UNITED STATES BERING SEA COMMISSIONERS. The Honorable Secretary of State : Sib: In your letter of July 10, 1891, received Appointment by us in San Francisco on the 16tli, after referring to the diplomatic CDntroversy pending between the United States and Great Britain in respect to the killing of ftu'-seals by British sub- jects and vessels, to the causes which led up to this controversy, and to some of the propositions which had at that date been mutually agreed upon, you inform us that the President has been pleased to appoint us to proceed to the Pribilof Islands and to make certain investigations of the facts relative to seal life with a view to ascer- taining what permanent measures are necessary for the preservation of the fur-seal in Bering Sea and the North Pacific Ocean. You further inform us that in accordance with the provisions of the fourth clause of the morfM.s"°°®"' Vivendi agreed upon at Washington on the 15th of June, 1891, the Queen had appointed Sir George Baden-Powell, M. P., and Professor Daw- 311 Appointment of British Commis- ^«p^ III i 312 REPORTS OF IJERING SEA rOMMISSION. sioiiurH, (H>jt'rt of Com iiiiHHiuu. ProviHi o n 8 ugreemeut. Vppoiiitinotit Olson' to Visit tlui 1 nlnlot Isliiuds fortlio same pur- ititli^ComiiiiM- ^ • i n • • i r« j)ose .'Uid as reprcsciitmj^tlu' lintisli uovonmicnt. After exj)laliiin<4' tin- use to wliicli tliis infonfii- tioii may in the end he put, namely, that it mii\ be hiid before arbitrators wlio woidd probabh he selected to consider and adjust the differences be- tween the two Govennnents, you add that the President proposed, in reference to the appoint- ment of a Joint Commission, the agi'eement for which is to be made contemporaneously with the terms of arbitration, the following terms of agreo- nie it : f ''P^ach Government shall appoint two Commis- sioners to investigate conjointly with the Com- missioners of the other Government all the facts having relation to seal life in Bering Sea and the measures necessary for its proper protection and jn'eservation. The four Commissioners shall, so far as they may be able to agree, make a joint re- port to each of the two Governments, and they shall also report, either jointly or severally, to each Government on any points upon which they may be unable to agree. These reports shall not be made public until they shall be submitted to the Arbitrators or it shall appear that the contin- gency of their being used by the Arbitrators can not arise." • Dr. George M. Dawson, Asst. Director, Geological Survey of Canada. ■■'>-^®p' RKPORT OF AMKRICAN COMMISSIONERS. 313 al Survey of And finther, that wliile it was (le.sira))lo that Conduct of in- vestigation. (»iir investigation should, even before the conclu- sion of a formal agreement as to tlie duties and functions of a Joint Conunission, l)e made con- currently with those of the British agents, yet until the agreement for the Conunission shall have been concluded we were not authorized to discuss with them the subject of a joint report or to make any interchange of views on the subject of perma- nent regulations for the preservation of the seal. In accordance with these instructions, we at Proceed to Ber- ing Sea. once proceeded to Bering Sea on the Fish Commission steamer Albatross, Lieutenant-Com- mander Tanner, which had been placed at our disposal for the purpose. We met the British Commissioners first at . J<>i»t invcstiga- tiuua, Unalaska, and afterwards at the Pribilof Islands. Several of the principal rookei-ies were visited in their company and our observations were made under similar circumstances and conditions. In addition to noting such facts as were clearly ^ Sources of in- " •' furniatiou. established by the physical aspect of the rook- eries themselves we sought information and obtained much of value from those who have resided long upon the islands, including both Aleuts and whites, all engaged exclusively in the sealing industry. At San Francisco and at Unalaska on our way to the Pribilof Islands, 2716- -40 ."^'^^^'"l il> , "J'^S^ 314 REPORTS OF BKRINO SKA COMMISSION. Rctnni. Sources of iiifoi-.^,,,! .^^ p^^Yt 'rovviist'iwl, Tsu'oiuii, aiul olscwlu'ici on t)ur return, we availed ourselves of tiie testi- mony of any person whose connection with this industry was such as to render his statements <»t real value. We returned to Washington before the Ist ol October and were rejidy at any tiiUe after that to take up the discussion of the subject with the representatives of Her Majesty's Government. The formal agreement to the creation of a Joint Commission had not been entered into, however, and it was not until the 4th of F(^1)- ruary, 1892, that we were formally designated as Connnissioners on the part of the Government of the United States. Foniml nppoiiit lueut. Arranponient as We immediately called upon Sir to meetin^B of j i Joint coiimii88ion. Hadeu-Powell and Dr. Georjre M. DaA eorge who '"^y-y-H^ had been similarly designated by the Ihitish Government, and who had come to Washington for the Conference, informing them of our readi- ness to begin the joint consideration and discus- sion of the subject at such a time as might suit their convenience. We also stated that as it was our understanding that the official existence of the Joint Commission depended upon the mutual agreement of the two Governments to the articles of arbitration, and as the articles liad not yet been signed, only an infovmal conference REPORT OF AMKKICAN COMMISSIONERS. 315 could 1)0 onttn'e«l uimii. It was bolievt'd, how- Arraiiffrtiient an to iii)'<'tiiiK>* "t ever, tiuit (luite as ra})id proj^re.sH could he made •'*»">* C""*'"'""'""' iu this way as in any other. To this proposition the Ooniinissioners on the part of Great Britain (►tiered no objection at the time, but on the t'ollowiufjc day they informed us that they were unable to enter into a conference which was informal in its nature. Desirinff to remove every obstacle in the way , MeetinRs of '^ •' *' Joiut Coniiumsiou. of the iuunediate consideration of this subject, the (piestion of the tormality of the Conference was wai\ed on our side and the formal meetings of the Commissioners in Joint Conference began on the afternoon of February 11, at the Depart- ment of State. Mr. Joseph Stanley-Brown was selected as the wHhout"*forma1 secretary of the Joint Connnission on the part of ''**'**'^*^' the United States, and Mr. Ashley Froude on the part of Great Britain. In determining the nature of the Conference it was agreed that in order to allow of the freest possible discussion and i)resentation of views, no formal record of the proceedings should be kept and that none but the four members of the Commission shv^ald l)e present during its deliberations. In further at- tempt to remove all restrictions upon the fullest expression of opinions during the Conference, it was agreed that in our several reports no refer- 1 ^- m .;! ',11 lAtU-^ I ^'. mm Si ■■[■■■ .il??i U'l i% ^ * .'i/'i '^^^.^%^^'^*i ^#-^^ 316 REPORTS OF IJERING SEA COMMISSION. without recoids Meetings oon tiuued. Disagreement. Meetings heidence to persoiis, as related to views or opinions ithout formal _ expressed by members of the Commission dur- ing the Conference, should be made. Meetings of the Joint Commission were held almost daily from the 11th of February until the 4th of March, on which day the joint report was signed and the Conference adjourned sine die. Early in the progress of the Conference it bo- came evident that there were wide differences of opinion, not only as to conclusions, but also as to facts. It seems proper here to refer briefly to the attitude of the Commissioners on the part of the United States or to the standpoint fi'oni which they endeavored to consider the questions involved. "^ The instructions under which we acted are contained in Article IX of the Arbitration Con- vention, and, as far as relates to the nature of tho inquiry, are as follows : "Each Government shall appoint two Com- missioners to investigate conjointly with tlio Commissioners of the other Government all tlu* facts having relation to seal life in E. ring Scji, and the measures necessary for its proper pro- tection and preservation." Tills sentence appears to be simple in its char- acter and entirely clear as to its meaning-. ^I'lie measures to be recommended were such as in Art'ole treaty. IX Anplication Articla IX. of KEPORT OF AJUEBICAN COMMISSIONERS. 317 our iiidffmeiit were necessary and suffittient to AT»pii«*fcion of secure the proper protection and preservation of seal lite. With questions of international rights, treaty provisions, commercial interests, or polit- ical relations we had no:hing to do. It was oiu* opinion that the considerations of the Joint Commission ought to have been restricted to this phase of the question, so clearly put forth in the agreement under which the Commission was organized, and so evidently the original intent of both Governments when the investiga- tion was in contemplation. Had the preservation and perpetuation of seal ^f.""'* "* '^"'■^' life alone been considered, as was urged by us, there is little doubt that the joint report would have been H)f a much more satisfactor}- nature, and that it would have included much more than a mere reiteration of the now universally admitted fact that the number of seals on and frequenting the Pribilof Islands is now less than in fonner years, and that the hand of man is responsible for this dimhiution. That our on'n view of the nature of the task Artici.' i.\ inter- jiretuil ilittt'iciitly before us was not shared bv our colleagues rep- ''>; i^' 'fi«ii com- resenting the other side was soon manifest, and it became clear that no sort of an agreement sufliciently comprehensive to bv^ v/ortiiy of con- sideration and at the same time definite en(^ms»'h III ''Mi t,t.i Ife .>^f«fi 318 REPORTS OF BERING SEA COMMISSION. ^..J\ :J^^m' ":^i:m Ariiclcix intiT-to ullow its c'(mse({Ueiices to be tli()U«(ht out, printed (lirt'eifiitly by HritiHh Coui-(><)ula be reached bv the Joint Comimssion niiHBiouiTs. _ " unless we were williug to surrender absolutely our opinions as to the effect of pelagic sealinjj- on the lite of the seal herd, Avhicli opinions Avert ' founded upon a careful and impartial study ot the whole (juestion, involving the results of our own observations and those of many others, to appriiutitai. Under sucli f'U'cumstances tlie only course open to us was to decline to accede to any proj)- osition which failed to oiTer a reasonable chance for the preservation and protection of seal life, or which, althouj^h ap[)arently looking in the ri^j-ht direction, was, by reason of the va<^ueness and ambig-uity of its terms, incajjable of def- inite interpretation and jf-enerally uncertain as to c^- 322 Fiir-Heula. REPORTS OF BERING SEA COMMISSION. fully half of their lives on UukI; they cliinb steep sind high hills with companitive ease, and have been known to travel inland fully three miles. The hair seals are strictl}' atjuatic, spending- most of the time in water, and some ispecies hardl}- visit the shore at all. PRINCIPAL FACTS IN THE LIFE HISTOliY OF THE FUR-SEAL. Homes of the 1. The Northern fur-seal (Callorhimis nrsimis) fur-seaL is an inhabitant of Bering- Sea and the Sea of Okhotsk, where it breeds on rocky islands. Only four breeding colonies are known, namely, (1) on the Pribilof Islands, belonging to the United States; (2) on the Connnander Islands, belonging to Russia; (3) on Kobben Reef, belonging to Russia, and (4) on the Ivurile Islands, belonging to Japan. The Pribilof and Commander Islands are in Bering Sea; Robben Reef is in the Sea of Okhotsk near the island of Saghalien, and the Kurile Islands are between Yezo and Kam- chatka. The species is not known to breed in any other part of the world. The fur-seals of Lobos Island and the south seas, and also those of the Galapagos Islands and the islands oft' ' ^''i>^:■■'^ . HEPORT OF AMKRICAN COMMISSIONERS. 323 Lower California, l)elonj»- to widely difFeront Homes of the ,^ -^ . fur-seal. species and are placed in different {genera from the Nortliern fur-seal. 2. Inwinterthefur-sealsmiffrates into the North ^•'.'•♦''«a»«' «"»• o ^ratiiiti. •« Pacific (Jcean. The herds from the Connnsmdor Islands, Hobben Reef, and the Knrile Islands move south alonjr the Japan coast, while the henl belono-ing- to the Pribilof Islands leaves lierino- Sea by the eastern passes of the Aleutian chain. 3. The fur-seals of the Pribilof Islands do not , P' ii» * » " f and CuiiiiiiaiKliT herds mix with those of the Conmiander and Kurile "'*"'"* '"'"«'•*• islands at any time of the year. In summer the two herds remain entirely distinct, separated by a water interval of several hundred miles; and in their winter mif^rations those from the Pribilof Islands follow the American coast in a southeast- erly direction, wdiile those from the Commander and Kurile islands follow the Sil)orian and Ja])an coasts in a southwesterly direction, the two herds l)eing^ separated in winter by a water interval v^f several thousand miles. This regularity in the movements of the different herds is in obedience to the well known law that migratory anmals fnUow definite routes in migration and return year after year to the same places to breed. Were it not for this law there would be no such thing as bt'«bility of species, for interbreeding and exist- w. I ni i''I¥M m Tiiil •---1 -^'Ai '' ii,|.. 324 REPORT OP UKRING SKA COMMISSION. rriiiiiof auiience under diverse i)hysi,» i >»f^. fl ^ • ^ 4 ',- ^ 1 K REPORT Ol-' AMERICAN COMMISSIONERS. 325 oiulitions cUflFers so r Islands ing'uislu'd allies, tlu' < than the bilof hertl the Aleu- \g ap[)ear as iiorth- )f females ' Oreg-on, January, ryino- dis- Iska coast he North ern passes nee to the breeds. It is lother iiiaiii- tlit'ir hoiiii's or the fond herever tlic, table cliiiiiitc not migrate t'nr-seals »rv iiiperate lati- 5. Tiie old (breeding) males reach the islands Arrival of breed- iiij; males at is- mnch earlier, the first cominj^ the last week in'"*"*!*' April or earlv in May. l^hev at once land and take stands on the rookeries, where they await the arrival of the females. Each male (called a hull) selects a large rock on or near which he re- mains until August, unless driven off by stronger bulls, never leaving- tor a single instant night or day, and taking neither food nor water. Both before and for sometime after the amval of the females (called cows) the bulls fight savagely ,J,^2!^,'/° *^* among themselves for positions on the rookeries and for possession of the cows, and many are severely wounded. All the bulls are located by June 20. G. The bachelor seals (holluschickie) begin to j,.^f;;;;,y."'^;!"J^J«: arrive early in jMaj', and large numbers are on "'"' '*"*'"■ the hauling grounds by the end of May or first week of June. They begin to leave the islands in November, but many remain into December or January, and sometimes into February. 7. The cows begin arriving early in June, and Arrival of cowi. soon appear in large schools or droves, immense numbers taking their places on the rookeries each day between the middle and end of the month, the precise dates varying with the weather. They assemble about the old bulls in compact groups called harems. The harems are complete early 320 REPORTft OF HERING SEA COMMISSION. Arrival of cowH. in July, at wliicli time the breeding rookeries Htfain their maxiinum size and couij)actnes». Hirtii of the 8. The COWS give birth to their young soon after takinji their phices on the iiarems in tlic hitter i)art of June and in July, but a few art' delayed until August. The period of gestation is between eleven and twelve months. at^birthf'' """"" 9- A single young is born in each instance. The young at birth are about equally divided as to-^ex. Depeinieiic ot iQ. The act of uursinff is performed on land, ])U |l II |IOU I t H CI 1 7 mother. never in the water. It is nec^essary, therefore, for the cows to remain at the islands until the young are weaned, which is not until they nn^ Cow siickhisfour or five months old. Each mother knows her owu piiii only. her own pup and will not permit any other to inu'se. This is the reason so many thousand pups starve to death on the rookeries when their mothers are killed at sea. We have repeatedly seen nursing cows come out of the water and search for their young, often traveling consider- able distances and visiting group after group ot pups before finding their own. On reaching an assemblage of pups, some of which are awake and others asleep, she rapidly moves about among them, sniffing at each, and then gallops off to the next. Those that are awake advance toward her with the exident purpose of nursing, but she UEI'OUT OF AMERICAN COMMISSIONKKS. 327 repels them with a snarl ami passes on. When dw HiukivH ' lier owiipii]) ouly. slie finds her own she fondles it a moment, turns partly over on her side so as to present her nipples, and it promptly lu'gins to suek. In one instance we saw a mother carry her })up back a distance of fifteen meters (fifty feet) before allowing it to nurse. It is said that the cows sometimes recognize their young by their cry, a sort of bleat. 11. Soon after birth the pups move away from 'Podding.' the harems and huddle together in small grouj)s, called * pods,' along the borders of the breeding rookeries and at some distance from the water. The small groups gradually unite to foi-m larger groups, which move slowly down to the water's edge. When six or eight weeks old the puj)s begin to learn to swim. Not only are the vouny . Acniatic birth '^ ./ . r- impossible. not born at sea, but if soon after birth the}' are washed into the sea they are drowned. 12. The fiuxseal is ijolygamous, and the male .C'omp.yati ve I J fs ' fliztf ot bull and is at least five times as large as the female. As'"^^' a rule each male serves about fifteen or twent\- '^''»*' iiarem. females, but in some cases as many as fifty or more. 13. The act of copulation takes place on land, Copulation, and lasts from five to ten minutes. Most of tlie cows are served by the middle of July, or soon m'i' '-3?*' ■■■! ■ ■S'itu., -'4 Wr •v.. - , \ 328 Copnlati«)ii. REPORTS OP HEKING SKA COMMISSION. after tlu' hirtli of tlioir pups. They then take th(^ water, and come and j»o tor food wliile nursinj;-. K«»Ttiiiziition of 14. Man\' vountf bulls succeed in securinjf a youug eOWB. ^ ^ ./ o ^ n few COWS behind or away from tlie In'eedinj; harems, particuhu'ly hite in th(< season (after tlic middle of July, at vvhi<'h time the re<^uliir harems bej^in to break up). It is almost certain that many, if not most, of the young- cows are served for the first time by these }'oun{^ bulls, either on the hauling grounds or along the water front. These bulls may be distinguished at a glance from those on the regular harems by the circum- stance that they are fat and in excellent condi- tion, while those that have fasted for three months on the breeding rookeries are much emaciated and exhausted. The young bulls, even when they have succeeded in capturing a number of cows, can be driven from their stands with little difficulty, wliile (as is well known) the old bulls on the harems wili die in their tracks rather than leave. Aff.' of puberty ] 5. Xlie COWS are believed to take the bull first in cows. when two years old, and deliver their first pup when three years old. 16. Bulls first take stands on the breeding AgH at which mah'Ngoiii hreeil- ing grouud8. rookeries when six or seven years old. Before ^i-^^A REPOKT OF AMKKICAN OOMMLSHIONEUS. 3JI) this they are not powm-fiil eiioujrh to fight the |^j^«^'^'y.||'^,'|'j'||^ older bullH for positions on the harems. ing«n.uu.i«. 17. Cows when nursin«»- n'^nhirly travel- lonif . '''««''« t^'m- distances to teed. rii«*y are tmjuently found one hundred or one hunched and tifty miles from the islands, and sometimes al «>reater distances. 18. The food of the fur-seal consists of fish, •"'""*• squids, crustaceans, and prohahly other forms of marine life also. (See Appendix ,K.) ly. The «reat majority of cows, pups, and such iill''^"'*' ''"'" of the breeding- bulls as have not already gone, leave the islands about the middle of Xovend)er, the date varvino- c(»nsid(»rablv with the season. 20. Part of the non-breeding- male seals (liol- luschickie), together with a few old bulls, remain until .January, and in rare instances until Feb- ruary, iiv even later. 21. The fur-set vl jis a species is present at tlu^ j^^lJ^IIYsi/^ilJs'! Pribilof Islands eight or nine months of the year, or from two-thirds to three-fourths of the time, and in mild winters sometimes during the entire year. The breeding bulls arrive earliest and remain continuously on the islands about four months; the breeding cows remain about six months, and part of the non-bree HW' 330 REPORTS or BKRINO SEA POMMISSTON. vlf Length of time 22. Diirm*'" the northward iiiijrration, as hns of iiugration. '^ ^ ' been stated, the last ol" the body or herd of fur- seals leave the North Pacific and enter Berinp- Sea in the latter part oi' June. A few scattered individuals, however, are seen during the sum- nier .it various points along the Northwest Coast; these are probably seals that were so badly wounded ')y pelagic sealers that they could n(tt travel witii the rest of the herd to the Pribilof Accidental Islands. U lias been alleged that young fur- births on const. ° JO seals liave l)een found in early summer on several occasions along the coasts of British Columbia and southeastern Alaska. While no authentic cane of the kind has come to oui- notice, it wouild be expectwl from the large num- ber of cows that are wounded each winter and spring along tliese coasts and are thereby ren- dered unable to reach the bre*^ding rookeries and must perforce give birth to their voung — perlia})s prematurely — ^wherever they may be at the time. 23. Thie reason the Northern fur-seal inhabits the Fribifef Islands to the exclusion of all other islands auidl coasts is that it here finds the climatic and phv«caJ conditions necessary to its life wants. This species i-erpiires a uniforndy low temperatire and overcjist sk}- and a foggy Reasons that Priltilof I.slands are the liome of the fur-seals. REPORT OP AMERICAN COMMISSTONERS, 331 atiTif)S))here to iirevent tlie sun's rays from injur- n* iisonH that _ ' ' -' •' Pril.ilof Isliiiuls inif it ei;l«^ ration at the present time. Causes, the operation of which lead to existing (^onditiims. Remedies, which if a])j)lied would result in the restoration of seal life to its normal state, and to its continued preservation in that state. m- - -ft*--,' ;'.J ■■v,:,:.t- .■■^'^>i-r> 332 REPORTS OF IJERtNG SEA COMMISSION. CONDITIONS. Sonrocs oi in Ibi'uiation. Pn'srnt tondi- In coiisideriiiff the condition of seal life on tlic tious. Pribilof Islands at the present time, it is imijor- tant to inquire, first, is there any marked deci-easc in the number of seals freciuentino- these islands during the past few years; and, second, if sucli decrease has taken ])la('e, among- what class or classes of seals is it most notable ? Although an affirmative answer to the first (piestion is generally agreed to, it is worth while to consider for a moment the evidence on which such an opinion is founded, especially as it is all more or less related to questions concerning the amount of decrease and the period over which it extended, about which considerable differences of opinion arc known to exist. This evidence easily resolves itself into two kinds: (1) the evidence of eyewitnesses or human testimony in which observations of several individuals cover the last (juarterof a century ; and (2) what niav be called fhe internal evidence of the rookeries themselves as tlu^v appear to-day EstiiiiMtos of It is proper to remark that in our judgment exaggLMiiteU. most, it not all, ot the pubnsliei judgment ates of tlu^ ■s<' islands wxi> of tlie iiel}' diili- '>5^: '■^§1^1'-^, o - 1 o ^ I- : I - I UFl'oiri' iM' \^l' i;l< >.N f'0\fM!SSlONF,RS. 33a ijlt. Ill sliitrt, <>iif i'lin -.I' nitli iiiiic]! more K.st : nmf en of iiiiiiiIm-i of M:a)fS ••ortsuiiTV \\\i\t tlicrr hit i. ■•■>.■< r ^.'iils iicic now ''taggeiittwl. 'u-m live ycurs ii;i'o tluui lu . cmin irtftiipl ii ciuu- .Kirisoi) ])\ dicaiis of an isrtiuil or nttlier au Hi^simied c.cnsii.s. (l) i:VII)E.S(,"K op i:YEWITNf,8HK.«. The unixt/rsjil rt'siuiiony of ail \\]\n -n^i the '■nok(M'!('S i\ u-\\ \'Hari< wn n v- hiindre(^^ t*. live Visit of (>in hundred feet in widtl Mr. ( • M. TiMvn»iend. residenl natiirahst of d»e I nitf^d Si,kte.» Pish Conitnisslon steamer . I 'Vi,i/;v..v.v. visited Northeast ■*^, uiiSBiouers. '«K!I i'i' can sav with iiUK-li more Kstimates of uiiinlter of seals certainty that tliere are fewer seals here now <'xaggerated. than five years a*(o than he could attempt a com- })ari8on by means of an actual or rather an assumed census. (l) EVIDENCE OF EYEWITNESSES. The universal testimony of all who saw the rookeries a few years ago, and again in 1890 or or 1891, is that they have suffered a great and alarming decrease within the past six or seven years. In the case of Northeast Point Rookerv, vwu!'L*t" V." i ."V the largest single rookery known, and one **""'"*'^^" from the hauling grounds of which about twenty to thirty -five thousand nonbreeding male fur- seals were taken annually for twenty years, the evidence is unequivocal and conclusive. This great rookery is several miles in length, and its former boundaries can be distinctly seen, as will be described in detail presently. (See also accoin|)anying photogTaph.) The area occupied by breeding seals in 1891 was a narrow strip along shore, with a small area in the rear u.sed as 'hauling grounds'; while the sone of former occupancy varies from one hundred to five visit of Com- missiouerH. hundred feet in width. Mr. C. H. Townsend, i<>sidont naturalist of the United States Fish Commission steamer Albatross, visited Northeast ^a ■■ '■^: 12' ■Tit'J.-aiS'^ 334 REPORTS OF BERING SEA COMMISSION. Native testi- mony US to de- crease. viHit of i'(.in- Point Rookery in company with the British aiul uiiHHioiicrs. * ./ United States Bering Sea Commissioners, August 5, 1891, and stated that when lie visited tlie same rookery in the latter part of June, 188r», the broad zone here referred to "was covered solid with seals." Lieut. John C. Cantwell, of the Revenue Steamer Rmh, Dr. H. H. Mclntyre, Capt. Daniel Webster, Mr. J. C. Redpath, and Mr. George R. Tingel, corroborate Mr. Townsend's statement that the yellow-grass zone, or zone of former occupancy, was densely covered with seals in 1885. The testimony of natives and others in regard to other rookeries agrees very well with the above, or |)laces the time of abandonment at a still latt.' date, some of the natives maintaining that the yellow-grass zone was covered with seals as recently as 1887. It is evident, therefore, that the extensive area here described as the yellow- grass zone, behind the narrow strip at present occupied by the seals on the various rookeries, was thickly covered not longer ago than 1885 or 1886, and in some cases perhaps as late as 1887. In our examination of many persons who had long resided upon the islands, there was univer- sal agreement that there had been a great decrease in the rmmber of seals within a few years. Although the testimony gathered by us on this The great .?Ji- ritish and 3, August sited the ne, ISSn, 1 covered itwell, of H. H. [r. J. C. rroborate low-grass 5 densely iu regard tie above, still late.' that the seals as ore, that yellow- present ookeries, 1 1885 or as 1887. who had ; univer- decrease V years, on this Wi .•■■*^,.-?< ^,- I jili'l ntlicv |»(viiit> > -SIS' iKit ;^"i\iM» iiutlcr (tatli, '\\> 'I'ln- >;i nor in tlir Iciist It'sscilt'd l)y tliivl i'act. In nearly all lascs the w itnH««.*H wciv (.'XMunin'tl .■-■'jiaratcly. No 'l<:nlin<4 'lucs- tions' were jsktil. ami ('S|>('cial cau' was lak<'ii to I I'OA'oit till' ( xaniination Irom indicatii'ir in any\VH\ wliai \va» ijc-^iicil \n l».- ja'o'.cfl 1 nil notes of ans\sti.-. and >tatenu'ntN ueiv in.adi, and n all case?* oisjH'cial iiii|ioi'1>in> ii;id liei n proper! V ^'iven. In sjaa-i, tie- in^ estiu'iiff"n \va> roiului-rcd precisely as it umdd liavc li((t had the 'piestion 1)0011 one ol scien'ilic ratliev thaji dlplomaii'' importani-e A few extnnt.s front the evidence r.-latin '';'""'*". A""* "^ lont.iiuony taken. (linunution in iunnl>»MK will indicate its ^'eneral 'haracter. Anton Mc/oii-ihiff', native of the i-land (•»' 8l- Panl. His father had heen clii,st.-d l)ecaiise, as he hinw If' expressed it. la- \vi«< "\\4>rk- in^- in the interests of the '"onipaip mdif^r than that of the (Tovfrnnient." In his opinion ihi minilier of s. hU Ipk] j^Toatly diminished dnrinji the last lew yeais. Dr. A. A Lilt:, physician on {\\^i island (»f St. "•^_ J; ij; m (A! ^«^ -mm M r- ■ •jK^- ■':-^ S^^?;.)^ .■«»r>' .■*<" V) ' ■^irmi w H:='-'S ■^JmJS.^^m^ Si-,,,[!; ,. :i^.: ■IK, .;*^vf!i.'. m ■?-■:: : .t{'"--v ■W'.S*i. KEI'OKT OF AMKKK'AN roMMIHHiONKKH. a.^") V ■i,y^._- ; *>• ; ■/:My i^ k-- >ki^'< .V'*-- ." r...'*' ■ 'i. 1 i '■' im.''> .f. s.i - V^w^ 'T 1, '-'^ ■Jf}f-r * S^t-'j -4,, ■f-i ■ . \fc'' "■ fe' ^ Miul otlu'V points Wiis lutt }»;ivi'n uiidcr until, its Tin- nmftt de- valiu', in ourjudg'ini'Ut, is not in tlu* h'Mst IcssiMicd by tliat fact. In nearly all casi's the witneses were oxaiHined separatel}'. No 'Icadiii};' (pu's- tions' were asked, and esj)e('ial care was taken to prevent tlie examination from indicating; in anyway wliat was ._.& )i^l;ifMfi ftl^ I \m;t:^ fi8 ' \S ^v'A tpl '^igiisiissr.; Sf?^'?- i ' " - H ■•l'v^'^>. : k -..'' ■ 1 p:xtiiicts from ( Jeorji^'e snjcc !SS4: '"TIkmv luvs been a grefit I'allin"' oii" lUiriiiUi' the i>«*Hr tew years." Mr. EtMtuoiis. coll^rTor of the port at Uiia- laska: ii'etb his iiit'ornuitioii tvoiu tlie officers and men of the schooners and othei' craft enj^a|>e(l in pelaizic sealing: tliinks tliat if the present state of affairs is allowed to continue the herd of seals will soon he destroyed. Niroli Kriikqf, born in Sitka, came to the island of St. Paul two or three years before the time of the Alaska purchase: is now second chief on the island; s))eaks Kncrlish very well. Seals beg'an to (decrease in number about seven years aj:;*o and have diminished rapidly since. It is his opinion that not more than one-fnurth as many seals are now on the rookeries as were to be found ten years ago. Kerrirk Artomanoff, aged si>ct}'-seven years, born in St. Paui; liis father was a sealer under the Russian r^gimie, as was he also up to the time of the Alaska purchase. In all he has been em- ]iloyed in seal killing for forty-five }'ears. His testimony is interpreted by Nicoli, the second chief The nuiiilsyer of seals has diminished very greatly \>'tt}ii'n the last few years. He has seen rhe I'ookeries S4» full that ;; cow could not o'et jwhore in rime for the birth of her young, in \t,l UEPOirr OF AMKKK'AN COMMISSIONKRS. 337 eon cin- Ikis seen wliicli ease the pup was l^orn in the water and Kxdnrts from testiiiioii.v tiikou. (h'owi'ed. Mr. J. C. lirdpafli, resident aj>-ent of tlie Nortli Anieiicm Connnereial Company, and previ(»usly agent of the xVlaska Connnereial Company dur- in<^' a period of tifteen years. My. Hedj)ath has enjoyed unusual op})ortuni- ties for the intelligent study of seal life. That lie has made good use of their, ?'ia}' be attributed to the fact that the best interests of the {*l)t!llll ' • '!"**•*• to almost any extent were it thought necessarx'. It is well known that during- the last few years the operatingC'omjjany had exi)erien('e.y- one that at some previous time the seal popula- tion had been vastly greater than at present. (ll) INTRINSIC EVII>HN(;K AFFORDED BY THE ROOK- ERIES THEMSELVES. l^ehind each rookery is a more or less sharpl>- ^J,^^;'^''""^^^"^'* defined stri}) or belt viirying from one hundred to five Imndred feet in width, which diil'ers conspic- uously In appearance from the ground on either side. It is covered with a short and rather fine grass of a yellowish-green color {(ilifrcria utif/us- f((t(i), more or less mixed with tufts of a coarser species (l)vschampsia ((rsjtifofia), both differing strikingly from the tall and I'ank rye grass (/'JI_!/iiiH.s moms') usually growing inunediately behind. In many [)la( es the ground between the tustsocks and hummocks of grass is covered with a thin layer of felling, composed of tiie shed hairs of the seals matted down and mixed with excreiuent, urine, and surface soil. This felting could not have been formed otherwise thiui by the movements (4' seals back and forth over the ground for many years. In the same zone the WdiK rocks. rough upj)er surfaces and angular projection of the rocks have been rounded off nnd ixdislicd l)v miHi f' .(«?■" v'-ii':| fwvi-; ■ s ■i »\i ^^InMJ r MMm |; |i !:rs !■!* :^SkS SiH'l ^Jf**^'l -4 ^'l.i! 340 Woni rocks REPOUTS OF BERING SKA COMMISSION. zoue, tlio former movements of the seuls. Tin's pol- isliin<>', tlumyli now partly hidden by weatlierinj^- and the {i^i'owth of lichens, is still conspicuous, and can be attributed to no other cause than to tlu^ movements of the seals on the rookeries durino- a long- period of years. The fact that tlu^ sides of these same rocks remain in their orij^inal rough condition is sufHcient proof that the smooth upper surfaces c«»'' REPORT OF AMKRICAN COMMISSIONERS. 341 erroiind on tlie su])])osition tliat the seals 'rove' rx-croiiRo siiown ' ^ by rookt'iics. nuu'e or less, occupying' this lieid at one time and tliat at another, no one who studies the islands as they now are can fail to see that the si)ace now covered by seals is only a frinj^e compared with the areas that were ouce alive with them. Havinof- answered the first of the two queries . necroase is in "^ '■ Icniiile [JortioD of relating: to conditions of seal life at the present '"^'■'^* time, the second becomes im})ortant. It is, Has the decrease in nund)ers l)een confined to any particular class of seals, or is it most notable in any class or classes f In answer to this it is (mr opinion that the diminution in munbcvs began and continues to be most notaVde in female seals. It is quite likely, in fact almost certain, tha^ Difficult to no- the decrease would not he nrst discovered oriemuies. remarked in this class. The Government officers and Company's ag'ents on the islands are priuci})ally concerned with the 'holluschickie,' in which class tlic kill- alxle seals are found, and the first sjons of deca- dence would j)rol)al)ly ai)|)ear in the fact that more «eals had to be driven in order t(t obtain a liiven number of merchantable skins. ■'V M m •I •^M 342 REPORTS OF IU:KING SEA COMMISSION. w sj ■'! ,y r mi': "if ",*■■'.:- LJ ■:.. ...I-. -U DifflciiUy in (.1)- For eioliteeii years after tlio Alaska purchase taiiiiii"; (iiiutaultfr o ^ i ixai. Mistiiliing fffiri I'll I' CUUKC about one hundred thousand ])a('heh)r seals were secured annually without dirticulty and without impairing- the productiveness of the breedin}^' rookeries, but the decrease brought about 1)\- pelagic sealing made it extremely dithcult to ol)tain this number after 1S87, and the standard of size was lowered several times in onU^- to obtain the full (piota. In 1890 the rookeries and hauling grounds had fallen off to such an alarming extent that the Treasury agent in charge ordered the killing to stop on July 20, at which date onh' twenty-one thousand seals l»»d been secinvd, and it may be aihled that this wunber was taken only after the greatest exer- tion on the part of the Company's agents. ^riie [)ercentage of seals of killable size was so small (fifteen to twenty percent) compared with the percentage of yearlings, that it is not sur- prising that the Treasury agents on the islands were impressed with the scarcity of yoimg males, and being new men, inexpenenced in matters relating to seal life, were easily led to mistake r(f'ect for cause and attributed the deci'ease to the killing of too many young males at the islands in j)revious years, instead of t<» the destruction of the mothers and young bs HKPORT OF AMKIJIf'AX COMMISSIONKHS. 343 l)('l}>j>-ic scaloi's, an error tlioy "vvere quick to cor- MistakinK rffevt for vnime. roct after aiiotiier year's experience. The number of seals killed each day (lurinjr,,^^;;;;"~ ,^^^^^^^^^ the killin<4' season may be taken as a rough index to the ra})idity of the decline of the rookeries iu the past few years, '^^l^reasury Agent Charles J. Goff, in ('liarge of the seal islands in 18,Si)-'9(), states in liis official report that the average daily killing in 1 SiM) was five hundred and twenty-tw(>, wliile in 1881) it was one thousand nine hundred and seventy-four for the same ))eriod. In his report for 1889 Treasury Aovnt Goff Koix.rt <.fTn-ii8- ' _ . ury Aj-uiit tiort'. states: "I'he alarming decrease in the daily, weekly, and monthly receipts of [skins by] the Alaska Commercial Company, and as a dernier resort by said Company to secure their one hun- dred thousand skins, the killing of smaller seals than was customary attest conclusiveh' that . . . there is a scarcity of seals, and that within the last year or so they are from some cause decreas- ing far beyond the increase." He states further: "I regard it absolutely essential, for the future of the rookeries, that prompt action be taken by the D(!i)artment for the supi)ression of illegal kMling of seals in Bering Sea, and that the utmost econ- omy be observed hi taking the seals allowed by law." %\ ■j-'i . ■;■■ :.:'^'i 't-j'i .^i.^ M ■11 . -ui] I'M 3U KKl'OKTS OK IJKKING SKA COMMISSION. WliyilcpreaHi' of tViniilt's wiiH not noticed. Diniiiiinhce seal life at the jn-esent time be accepted as correct, «""Ki»t- the determination of rauses is practically limited to tlie discovery of the origin of the increased mortality amono- female seals. It is our l)eli«ef that the dec^adence of seal life canHo, juiagio Bctiliiig. on the Pribilof Islands is due to the destructive effects oi' jielagic sealing. As widely different opinions are held on this f^nsous for *' ' o]iiiiioii. point we will present at some length the })rincipal reasons upon which our belief is founded. In the joint reiwrt of the Connnission it is nicrcdSL- canseii "^ '■ by iiinii. agreed that the diminution in the nund)er of seals is to be attributed to the operations of man. As man comes in contact with the fur-seal in only two ways,that is, in pelagic sealing and seal- ing upon the islands, it follows that in one or the other or in both of these operations the injury must be inflicted. In order to enjoy a clearer view of the problem coiHiition of . •If 1 herdmiUmclieilby it Will he (lesu'ahle to consider tor a moment the man. conditions under which a herd of seals assumes its normal dimensions, uiuiifluenced by the pres- ence of man. 271G 44 j, l.p i :''f^. '■IHtf -U^ ,i .4' J 346 Hirth-rati^ duath-riite. REPORTS OF HERING SEA COMMISSION. and 111 tli(^ case ot" the soul or any other {iiiiinal tlic (•oiKlitiou of tlie species as tt> number must alwa}s depend upon the relation of the birthrate to the deathrate. As U>n<( as these two are ecpial tlie number remains constant, jirovided, of course, the distribution of deaths anionjr the various a«»es remains the same. Chanj^e the distribution, and there will be a temporary increase or decrease in the total number of the species, according' as the deaths are shifted toward the lattsr or earlier part of the animal's existence. Hius, suppose twenty years to bo the normal ag-e of the seal: if all deaths occur at the end of twenty years, the total number alive at any one time would be much greater than if the mortality was distrib- uted throughout the whole ])eriod. When a cer- tain distribution of this mortality is determined upon, however, the number of individuals living at one time will adjust itself to this distributiitn and will then remain constant, provided, always, that the distribution of mortality is such as iKtt to affect the number of births. If, in any species, it could be determined that no deaths should occur until sometime after the reproductive age had been reached, such a species would increase with great rapidity. With ecjual certainty, if it were fixed that all deaths should occur before the rei)roductive age, the species would be shortly REPORT OP AMKKICAN rOMMISSIONKRS. 347 aniiiliilatefl ; }iii(l if mon^ than a ccrtiiiu imiiilx'r Hiith-nit*^ mui IMAGE EVALUATION TEST TARGET (MT-3) V. "% •^ /- ^'^'^ AV4< r/. r/. ^ i? 1.0 I.I 1.25 it* 1.4 1.6 V] <5^ .01 ^. ^ ^ k A c'iP o> ^M Photographic Sciences Coiporation 23 WEST MMl^; 5TRFrT WEBSTER, NY. 14;aO (716) 872-4503 ■^ \ ^q [V <,1>^ \\ <• ci^ J ■» <> I/. & 348 REPORTS OP BERING SEA COMMISSION. 17efi;n1ation killiug. Interf ereiioe with liirtli-ruteiii- jui'iouM. Effert of a Hin- gle yuiiug a ytmr. "t Now, let man enter upon the scene, and let liim II- ''• »'•'»• inhauhngout of the 'hoUuschickie' or younger males from the breeding rookeries. The bjittles among the older males for places upon the breed- ii I ^-1 II 350 7JEP0RTS OF liKltlNd SEA fUMMI.SSION. Hatties oil rook- inu- irrouiuls litive \oiig beeu described as one of cries hUow no luck ofinuiea. the peculiar cliaracteristics of the Hpecies. A younger male is obliged to win his right to a harem bv conflict with his older brethren already in possession. Many tlumsands of virile young males lie at a convenient distance on the haulin<>- grounds, ready to engage in a struggle for a place in the affections of the female seal should a tav(M*able opportunity occur. Notwithstanding the depleted condition of the rookeries, these conflicts and struggles still go on. They went on last year and also in 1890. This condition of things is utterly incompatible with any theory which assumes a scarcity of virile Testiinotiy ns to males. The evidence of the most reliable and no lack oJ liitiU's. i.i i i i i . credible observers goes to prove the same tinng. Mr. Redpath and Captain Webster have already been quoted r s declaring that it is among female seals that the great scarcity exists, but it is worth while here to repeat the statement of the latter, that "formerly there would be on an average thirty cows to one bull; now they will not aver- age fifteen." Several of the native observers placed the number of cows fonnerly served by one bull at a much higher figure than thirty. These facts rather tend to show that males are relatively in excess on the breeding rookeries at the present time. Our own observations REPORT OF AMERICAN COMMISSIONERS. 351 Nntnrnl coiiili. tiuii 4)1' herd. convinced us tliat at least there could be no Testimony m to no lack of uiules. deficiency and that it was a practical impossi- bility foi* any breeding cow to escape service on account of paucity of virile males. The unavoidable ctmclusion is, then, that the r»<ii8e ;«««««Mi««aw.% ummKt9t>i'^''i^'^rtkim«mmumuii iS'saKfr -^pfe*;-^ *is&i*t." *«!a»a •> f <«}>• '•i K iii 'tr v ■*,•,■!»■:»; !*»»«!(*<(}(( .•.■:.;||,:.; ;. .i.a;.' .-•; - *,»«.^«5«»< t.< m Is * • - ^ .' ' vs & :it if, mmm4 '.I « ;l. fi •'. '.,- , ■•• .; , •■'. .V, ■?! :;* J« !»!»&! •"« 3 .- , - ■;.; ■}? :- ■•'; • "* ■ '■ •-■ '■' -i '-S * -s i-; ^ &■ « w ^^^■^taa^B Sci*^': ^ffk i 111 ^^^^H H, W tfc-.^, H ^^^^■«««i^!X ^^^^H ^:@>sei.'«!i! 1 './v^iitiu >^s^'^»k;. aaauBMiiSS^viiiiiiii ^^^^H '^ '% l» If! ^^^^H vA ■yivjvn -'■■Jtkf.i' - : BHBBBBHHBHHBBBBHnii ■Aiaiaifl '.^i/v:':i BaaaBBBBaBBBBaBBBHaBil ^^^^^H BBBBB ■■■■■BBBBB ■■■■■! ^^^^^^^1 ' ' BBBBBBBBBBBBBBBBBBBBI ^^^^^^1 ' BBBBB BBBBB BBBBB BBBBB 1 ^^^^^^^ BBBBBBBBBBBBBBaBBBBBI ^^^^^^^^^1 ■BBBBBBBBBBBBBBBBBBBI ^^^^^1 ,> BBBBBBBBBBBBBBBBBBBBI ^^^^^^^H . ■BBBBBBBBBIBBBB BBBBB BBBBBBBBMMBBBBBBBBI ^^^^1 J^iillS.it ] k 2 < J / fr 5 6 7 8 9 10 U MLmmximmL^uiU-Ul u-j.umu.|Ut44j^uuf JU] ::;;r±:::::-:::::::;::::::— i-t4:--=H: i-+-ffi: #i#m^^^^^ M ! 1 ! ' ' .... 1- .. ■ . 11 ! i 1 ., . J ._ . ..... j A " t ' 1 ' /\ ! i I 1 ! 4 \. , .. . - Tj- 4+-- 1^.- 1 . A f T7 ^ 17 A 1 ^ ..... .^. ... . ALrL o_rj/\iiC^ ! '' 1 1 1 III 1 " i" ' ■■' r ■ It 1 T /^ J • 1 : .r^ -..-V - atnral Lonaition T nx i+xtx Cv L vA I C\ X v/ vy * *■ ^-* i.v/*v^"i .,.^... 1 f|i. ' 1 ! ' I 1 ] 1 h 1 ^ 'it it . ± ±41 ± iK r^ ICillable Males IT a.1 a 1 1 r\ 1 1 1 d U 1 ^^ j'xctx'-j 1 11 1 1 T-1..11 /I J , w. A N i ! . ! ! ! ! luailv 1 Hulls iDrceaing,) , \ tj - t-, il raiisf»ft OTilv ^^B Hrirr^^n 1 HHH "W ^t^^r\^ .... II j 1 : it ititXiiLx 1 .. . J .. ..... ... ! ! 1 1 1 . 1 4 1 1 I "l 1 ' i 1 1 1 1 1 I 1 1 . 1 |T^ "^ 1 1 1 j" 1 1 . 1 -I T it 1 III I 1 "" IT' 1 , 1 i ...--_-,_... .1 . i 4 1 I .1 ' r" "^i' '■■■ ■■■■■ - ■' - ■ ■*■ - -f .j' ■ ■■ j ' 1 1 ; i : 1 ! ■ ' 1 ill- n "It" I ■■"■ M.'. .' .. ""■ I'i 1 \ [ ^ .... .... . . .. i^ ■; j j j .; .4 ..i._ . . 1 i— 1 r I 1 . _i- .^ 1 1 ... i i 1 i ' j t t i t- r '^ ' j ' I'll ' 1 1 1 , [_ 1 1 i ' , _ , _. L. .. ., , i . . . i 1 , ., i III ^ ™ *-i-i ,^. i^' t ' t - t " "" - -- ■ ■-»_.,___^^„ ,. . L j .( ._ ,- '"*""■ ....^ 1 1 i :: '--_::: ~: ~": ~ " '"^sn. iE~ i rrhLI ._ -- :: :: : : x ~ x __:: ::_-s±: iL. HIL . 1 ■■^ 10 u 12 13 l(t lb 16 17 18 19 20 YEARS i"! i ^i-' >- ^ ■ -.| ■;i!, •.; YEARS CARS ) -^,. » / r [ f 1 Hifck rj^ V.^i i^'ifefe' :*: ^?;»;1- ,.^ ,t..-. 1 r:;'^:;:,. if?-: 10 000 9 000 8 000 7 000 6 000 5 000 4 000 3 000 2 000 1 000 •i«Ms«HaiinH««K> '^^■■:yr:'.f::iSmV-' ''■'■ 20 YEARS \: ^ m- 10 000 9 000 8 000 7 000 6 000 5 000 4 OOO 3 000 2 000 1 000 YEARS ^m RKrOUT OF AMKUK'AN COMMISSIONERS. 3r.a the (listrihution of a^es from this time on pro- Kxpiunjition of diagruuis. tends only to be an a})i>roxiniation, as it is impos- sible to obtain the accnrate information necessary tor a better representation We maintain, how- ever, that the fullest knowledge would neeessitato no ehani^-e which would materially affect the toive of our argument based on these diaj^rams. The lonartfs, bv iiieaiis of whicli it is attoniptcd uiiignims. I ' ^ I to rejn'esent the miinbors of tlio (lifforeiit classes of senls. We cnn fix the ages for 'killiihle seals' with certainty, and all included under that liead are represented in the diagram by that portion colored red Male seals not killable and not old enough to take a place on the breeding- rookeries are shown in green, while those of tlic breeding age are shown in yellow. The lines ot demarcation up to this point are quite accuratch known and the diagram m.ay be regarded as correct, but we do not know certainly at wliar age the male become? impotent and is driven ofl' the rookery. The best estimate based on anal(>gies of other animals, places this period ar about the age of seventeen years, and the dia- gram HO rei)resents it. In the (dassilication of female seals there is some diflliculty, for while we are tolerably certain that the young female goes on the bnMMliiiu rookeries at least at the age of three years, we know little about the age at which she becomes barren. The assumption that this ])eriod is reached, on the average, at the age of eighteen 3'ears, is, ])erha|)s, not very far from the trutii. '^riie younjier females under the breedin<;" aiic are presented in green, the breeding females iu yellow, and the barren in brown. m tm m [•s. we I'conics •lod IS lii'lltCt'll truth. iliiC alt's 111 ^-• M W LmV .JtSSX^ ' J a A i- lie (lui liii ZT'Z"" . - - T(.-IT -- "" " ■" ' I _ 4^ — - — — — f- -r^"- -■ 10 000 - — mm .m. —. . < . :_: :_::: : 1 .7, _ _ _ Wk~ . " ■ ■ . . ' ^-^ ^m~ i^ ^j 1 , \^ ll~ ^F ^H 1 MB -m m- A IB iVI A T Ti ^Bl IVl A. Ji l^i 1 ^^tt In • Zft • H. ' ? r "ILT T T NftTmal cf^Tid 7 J X.^ \J *■ XJ.l«-*iA. Vy " !!l FEyj 1 T^'T* I^T^ ^ T* 1 AT T •egi ff ■ r 1 ^ 1 proptJi ly 1 Tl X 1 -^ '■ I ■ • * J ^- ■ 1 '" " jl i 3 , 71 r " *l Si ' "^ ^ ^w o O C A O XyT^ 1 Q Gi £» • ■» 1 o ^^H B n M M M ■■■■■ ■■■■■ ■■■■! iZo boo iviaie oeais ^^^a MM H'l '■■■■■■■■■■■■■■! .Uy !■ 10 000 Dorti annua I al 2 lOO Icilled „ l^m I II' * jt , ^ I"" Ifa ■ ■ ^B . --,^., .._,......... ^ --■■■ ■■■-■ _j_|_ ^ * h J^L ; ? r ■> fyT ^ ] * " ' f^W 1 i^^^H ■ B ■■ B U n ti t <■■■■■■ ■■■■! i\\ ri'i^i Tin 1 I M M 1 M I ^■^H •« sii n n H 9 M ^} «■■■■■ ■■■■! ^^^■llBIBBIia» •> !■■■■■■■■■! ■" "■" ' \ ^^^^awnnpff ■■■■■■■■■! — ^^^■ll»liaMlWiik»>>' ■■■■■■■■■! _ ,- — .. .. . ■ •' r ■ ^^HatttCMKMBWfa.-' !■■■■■■■■! i Bf!f!f!l ■ ki 8 n ■ H M •< « ,. . <■■■■ ■■■■! rMLriiiEiXSI3Hr\ JJ- 1 L — ^^^^ H a H K a e n ill e .':; a I '■■■ ■■■■! - - - -4— rf- -.. ^^^^ N « M M K fi $.» ttsft t-^ M MIHH ■■■■! — ^^^^ II « « • n « M w V. ':; H n ma ■■■■! ^^^^■llMM««»iN«r>^«^ MM ft ■■■■■■■ -f-- i_l ^^^^ilMNnMHHCU^<>'£.:- RIIMA «■■■■■ "■"""■" ■■'■ — "" '"1 — KV!fJfJI«iAu»M»«9«»«'- Haaa.iBBHBi """, , ,. ::...:_,-..:_::; ,' tI" - ^^^ 1 itiijr ifftTfva 1 1 1 1^ 1 1 1 1 1 1 1 ^^^^muHmunt^viw.'-ifif^'^mmmmm ^■■■i ~ t t ; r " — ^^^■«HRft»^!-tfkV..^vkj*KH«HL«BBI - - — — *-4 1 ^^^^snattwr^.^&i'irvietaaMiia.iBBi ■^^^1 fiMlfti AW »#»«> >v-*.^H'ai:^».Ki*-.ummmmmmvm ^^^^aM«iWM»i»;-'s»4'fin««a«»8al 1_ 4_i.J._ 1 — ^^^^HtfR»K^«i^' r'HititaaRMHMat' ^^^^■cKHiiHin «"-. ' '■■mmm»*!immw,vi _ ._„ . .._... -irt-- -4-- — t ___„_,,„ .. ..^ ._._. ^^ ,j^^ f- — ^^^^H )■ .^ »3 ... i- b , )t.>^mm%^B.'^%j ^^^^^H n >k: *< ■■■• ■ n ft »«i -s n ■!> i% ■^IL _ ^^^^^^H i. t-T !;■,' w y .'^ s w.i ^^^B — ^^^^^1 . V - . : - ' ».'..• T. IV --} ^, V, ^• > ^H^^^ i_ 1 ^^^^^■i-^'4-- - - fv-i-v^--:*^-^---- OnBL — ;:: ^^^^H- ^H^^A ^^^■i ^^^■■^L . - - - 1 _ ^^^■' 1 ■BBBBIBMBI " " ■ ^^^^^H ^'''i> . s^ {«.«') ' 1 • i> B 6 8 IC ■n 4- c Male Seals rnal condition under perly regulated killing [ale Seals orn annually illed ., cm Killable Males i i Bulls (breedim^) m Barren EEl Youn^ -t-t 1-4 -f- -U- -H4- •M- -f-. .^f. 44t4-+- ^- -1- -t — t -I --t t t::t:::: 1-1 I 4 ms -I-- t:: -1- u '■^^ t to 3 t I -„l. i- --4-4--- i-l- -T -f - I-" ■f-- t-f tt: ::r:t::: t -^ -H- ,-,H -4 -^4 + -- ■ t r • --+ ■ i — ' — i— t 4- 4_. 8 10 n 12 13 \h 15 16 17 18 19 20 \e:aks REPORT OP AMERICAN COMMISSIONERS. 355 Thus the diafframs give, it is believed, a fair Expinnatiou of (Uiigrania. representation of tlie condition of a lierd of about 80,000 seals, 10,000 males and the same number of females being boni each year, showing the breeding and the nonbreeding of both males and females ; the breeding males, it must be remem- bered, including those not only found at the head of harems, but all of those that in virtue of their age and condition are capable of filling a place on the breeding rookeries. The killable males include only those not under two or over four years of age, which fiimish skins of the finest quality and greatest value. It is important to remark here that everyone of the breeding females is necessary to insure the annual birth of 20,000 pups. If this were not the case and the herd were undisturbed it would increase in numbers, which is contrary to the hypothesis that it has already reached its nonnal condition of stability. Diagram C shows the male portion of the same herd when judiciously worked by man. No females under the breeding age can be killed, for that would very shortly reduce the iramber of breeding females, and none of these can be spared without reducing the number of births. The only females available for killing without injury to the herd are the barren females. Were their mM ''U"M* 3r>G REPORTS OF BERING SEA COMMISSION. Expinnatiou of skills not inferior and of less value than those of (liugraiuH. the young males it would be impossible, under tlic most favorable circumstances, to certainly distin- guish them from their more fruitful sisters. With males, however, the case is entirely different. It is only necessary with those of the killable a«^e given above to allow enough to escape the club to supply the annual deficit of virile males on the breeding rookeries. In other words, if 1 00,000 breeding females were required to maintain a given herd, rigorously speaking, and assuming as a moderate estimate twenty females in each harem, only .5,000 breeding males would bo required and it would only be necessary to spare enough to keep up this number. The diagram assumes a nuich more liberal supply of males, however, the ratio being assumed at twelve to one. The diagram shows that the total number of males in the herd would be greatly diminished and the census of the whole herd coiTespond- ingly lessened. But when once reached, the new condition would be constant and self-sus- taining; the same number of seals might be killed annually forever without danger of diminution, except from other causes. The calculation on which the diagram is constructed shows that the number of male seals w«»uld bo tfrSc REPORT OF AMERICAN COMMISSIONERS. 357 reduced to nearly one-half of what it would be Eipiaimtion of (liugruiuH. in the undisturbed condition, and that about twelve to thirteen years would be required to reduce the male herd to this condition of stability under constant killing?. Taking such a herd as is considered in the construction of the diagrams, it would number about 80,000, equally divided between the two sexes, 20,000 being added by birth and the same number subtracted by death each year. In order to represent more clearly the enormous herd of seals which it may be sup- posed at one time frequented the Pribilof Islands, undisturbed by man, these numbers may be nuiltiplied so as to give a total of 3,000,000 seals, 750,000 being born every year and the same luimber dying from natural causes. Of the 1,500^000 females about 800,000 would be breeding, the remainder mostly too young to breed, a very small number being bairen. Of the 1,500,000 males about 65,000 wovdd be on the breeding rookeries, and the remainder, excluding the young jnst bom, would haul out as 'hoUuschickie,' and would include 285,000 of a suitable age for killing, on account of the superior character and condition of their skins. In undertaking to utilize the products of this herd for the good of man, the problem which is »*■, i^iv'w^ ■4' ;! ^ ii 3r.8 REPORTS OF BERING SEA nOMMISSION. Kx|.iiiiiiiti into Driviuu. tliu water and soon reappear on tliu hauling' groiniils. In this way alumt one luindred thou- santl younjr males have been killod annually on the I'ribilof Islands tor twenty years. In addition to the ccanniercial killini; above , Killing pupH for deseribed, a nundjer ot inale pups were formerly killed each year to furnish t'o(»d for the natives, but the killing- of pups is now prohibited by the Government. The only objections that have been urffcd crUicismH on J •> " nmiiiier ot ' ilriv- against this mode of taking seals are such as re- '"S*' late to details of the operations as ordinarily carrie«l on, any of which could be modified if i'; was found desirable to do so. Much stress has been 1; id upon the destructive effects of seal driving, and it has even been affirmed that when a male seal has once been * di'iveii' its repro- ductive powers are lost. While there is no doubt that in some instances excessive driving has been allowed, that seals have been di'iven further than is actually neces- sary, and that proper care has not been taken to eliminate the nonkillable seals as far as possible before the dri zing is well under way, those are matters that are so entirely under control that a proper adjustment may be secm-ed at once. 2716- -46 ■ M 'i 'Mi i 3G2 REPORTS OF BERING SEA COMMISSION. Male seals not iDjured by 'driv- iug.' ManaKcincnt. The assumption that driving- is seriously injuri- ous to tlie reproyed, and the use of the spear has been almost w holly superseded by the use of firearms. The sliotgun is used more than the rifle for the reason that fewer wounded seals are lost thereby. ludiau hunters. i;,'!^-v; ■.-'Jl rt t teas 4 - «i 364 REPORTS OF BERING SEA COMMISSION. History. ludian hunters. In addition to the destruction wrought by the se.aling schooners, pehigic seahnj^ is still carried on along shore by the native Indians in their canoes, but the number of fur-seals thus killed is relatively small. Pelagic sealing has been earned on fortuit- ously and on a small scale for many years, but it was not until within the present decade that numerous vessels engaged systematically in the enterprise. The profits are so great in compar- ison with the capital invested that, as the results of the annual catch became known each year, a constantly increasing number of vessels was led to engage in the industry, Avith a corresponding increase in the number of seals killed in the open The fur-seals which move northward along the coast of the Northwestern United States, British Columbia, and southeastern Alaska from January until late in June are chiefly pregnant females, and about ninety per cent of the adult seals killed by pelagic sealers in tlie North Pacific are females heavy with young. Pelagic seaierH For scveral years the pelagic sealers were enter Being Sia. i • i . i • i content to pursue tlien* destructive work m tlie North Pacific, but of late they have entered lienng Sea, where they continue to capture seals in the water through(>ut the entire summer. The Destruction ofSCa. female seals. REPORT OF AMERICAN COMMISSIONERS. 365 females killed durinof tins period are giving Nmsing females milk, and are aAvay from the islands in search of food. Their young- starve to death on the rook- eries. We saw vast numbers of dead pups on nMtipupsontiic 1 r rookeries, the island of St. Paul last summer (1891), which> from their emaciated condition, had evidently died of starvation. The total immber of their carcasses remaining on the Pribilof Islands at the end of the season of 1891 has been esti- mated by the United States Treasury agents at not less than twenty thousand. Pelagic sealing is now earned on in the North i^fiou.^" '""'■ Pacific Ocean from January until late in June, and in Bering Sea in July, August, and Septem ber. Some sealing schooners remain as late as November, but they do so for the purpose of raiding the rookeries. The number of seals secured by pelairic Catch of scaling sealers is exceedingly difficult to ascertain, because no complete record has been kept of any except those sold in Victoria, British Co- lumbia. Many thousands have been sold in San Francisco, concerning which we have not been able as yet to obtain reliable iiilbrmatiou. Jj. 3C6 REPOKTS OF HERINO SEA COMMISSION. '^I'ho mimV)er of seal skins actually recorded as sold as a result of pelag^ic sealing is shown in the followin*'!' table:* ir-r No. of 1 HkiUB Tear. No. of aktna. 1872 1, 029 1882 17,700 0,195 tl4,00U 1873 1883 1»74 187.'> 4,IMU 1,640 2,IM2 5.700 9. S9:i 12,!)0ll-t- la.two 13,541 1884 1885 13,000 1870 1880 38,907 33,800 37, 789 40.998 48.519 62,500 1877 1887 1888 1878 1879 1880 1881 1880 1 890 1891 Iixlisrriiniiiate killiii}<;. t Number eHtimnted ft-um value given. It can not be denied that in pelagic sealing there can be no selective killing, as far as individual seals are concerned, and only in a limited degree by restricting it as to place and time. It necessarily follows that female seals must be killed and seals whose skins owing to age and condition are much less desirable. As * The figures for the years 1872 to 1876, inclusive, and 1891, are from the Loudon Trade Sales. Those from 1877 to 1887, inclusive, are from the oHieial reports of the Minister of Marine and Fisli- eries of Canada, and prohaldy fall short of the actual catch, be- cause the eatcli of tlie United States vessels is not included. The figures for 1888 are from the same source (26,983) plus tne United States pelagic catch (9,8()6), as stated in the Report of the United States Commissioner of Fish and Fisheries for that year. The figures for the years 1889 and 1890 are from the Canadian Fish- eries Reports, and compriise both the catch of the Canadian fleet (38,570 for 1889 and 44,750 for 1890) and of other vessels whidi sold their skins in Victoria, British Columbia (7,428 in 1889 and 3,768 in 1890). The catch of American vessels sold in San Fran- cisco is not included. •iHl| REPORT OF AMKKICAN t'OMMlSSlONKKS. 3G7 a matter of fact, there is sufficient evidence to , PercntaRe of ffiiuiles in cutck. convince us that by far the greater part of the seals taken at sea are females; indeed, Ave have yet to meet with any evidence to the contrary. The statements of those who have had occasion to examine the catch of pelag-ic sealers might bo quoted to almost any extent to the effect that at least eighty percent of the seals thus taken are females. On one occasion we examined a pile of skins picked out at random, and which we have every reason to believe was a part of a pelagic catch, and found them nearly all females. When the sealers themselves are not influenced by the feeling that they are testifying against their own interests they give similar testimony. The master of the sealing schooner J. G. Swan declared that in the catch of 1890, when he secured several hundred seals, the proportion of females to males was about four to one, and on one occasion in a lot of sixty seals, as a matter of curiosity he counted the number of females with young, finding forty-seven. Evidence on this point might be extended indefinitely, but one or two additional references will be valuable. The following is from Messrs. i^Mct of c. m. Laiupsou &, Co. C. M. Lampson & Co., of London, the most exten- sive dealers in fui's in the world, and everywhere UttI ■■*11 .'JOS REPORTS OF hKKING SKA COMMISSION. Letter of {;. M. rccoonized as a high authority on tin's question. LtiuipHuii iV Co. RettnTing to the regular supply of fur-seals that had for many years come into the market from the vicinity of Vancouver Island, they remark : "The (quantity, we should say, has averajj^ed at least ten thousand per annum. This catoli takes place in the months of March and April, and we believe that the animals from which these skins are deiived are females of the Alaska seals, just the same as those caught in the Bering^ Sea. Had this quantity been materially in- creased we feel sin-e that the breedings on the Pribilof Islands would have suffered more before now, but, fortunately, the catch must necessarily be a limited one, owing to the s ormy time of the year at which it is made and the dangerous coast where the seals, only for a short time, are found. It must, however, be evident that if these animals were followed into the Bering Sea and hunted down in a calm sea in the quiet- est months of the year, a practically unlimited quantity of females might be taken, and, as you say, it would be only a few years till the Alaska seal was a thing of the past." (Extract from a letter addressed to C. A. Williams, esq., August 22, 1888.) REPORT OF AMKUIf'AX COMMISSIONERS. 369 Sir Essentially the same view is held by so well opiniim of si known an authority as Sir Georj^e Batleii-J'owell, i'i'«iii. after having- visited the western coast and thor- onghly investiji^ated the (question, as he says, from the point of view of natural history, in a letter written by him to the London 'I'imes in November, 1881). Among other things, relating to the Bering Sea questi«>n, he says: "As a matter of fact, the Canadian sealers take very few, if any, seals close to these islands. Their main catch is made far out at sea and is almost entirely composed of females." In addition to evidence of this kind, the I'Ik^ T-on.i.m TiiuU' Siilus. records of the London Trade Sales ma) be cited. In these the pelagic catch in Bering Sea and the North Pacific is quoted under the title "Northwest Coast," and the character of the skins is conclusively shown by the fact that their market })rice is invariably very nmeh lower than that of the island catch quoted under the title of "Alaska skins." An important element in determining the ^Vast.- of life, effect of pelagir* sealing is its wastefulness, growing out of the loss of many seals at sea by their being wounded so that tliey either die and sink at once or escape without l)eing taken, oidy to die soon after. When female seals are 2716 47 .4 m 370 REPORTS OF nERING SEA COMMISSION. Waste of life, tlius lost — Hiul tliG gruat majority are shown to be females — a serious wound is inflicted uituu the lierd, without the gain of so much as a single skin. fiiMt nnmbers While there is much difference of opinion ns wuiiiuleu. '■ to the relation of the number of seals lost in this way to the number taken, no one denies tli.it some loss occurs. That seals are often wounded without being taken, is proved by the frequent finding of bullets and shot in the bodies of seals killed on the islands. As no females are killed there, and as those .seals of either sex that are wounded to death at sea, but not secured, oin never be appealed to as witnesses, the extent of the injury from this source jnust be more or less a matter of inference. The only direct testimony is that which must be furnished by those engnjicd in pelagic sealing, and in this matter they are personally interested to such an extent as to rorrrnt.Tj-c <'• render their evideucc of uncertain value. Such seulH lost. as we were able to examine on this point ven- tm*ed the opinion that about one-third of those killed were lost. Captain Webster declares it to be his belief that about one-third of the number killed were saved. Doubtless much depends <»n the method of killing, tJie use of si)ears beinu' thouji'ht to be much less wasteful than that of rifle REPORT OP AMERICAN COMMISSIONERS. 371 Iff i iff -'S or shoty^un. (iiiiiH, howover, are now ffeneralh' iNicentngo of employed by the hunters Many persons wlio liave had oj)portunities for acquinng information on tliis question by conference with pelagic sealers, Indian and white, or from other sources, have declared that the loss is very much greater, putting the number of seals lost to those recov- ered as five to one or ten to one, or even higher. In the absence of more certain knowledge, it is our judgment, based on the best infonnation available, that such estimates are exaggerated, but there can be no doubt that the loss from this source is real and serious, and that it must 1)8 taken into account in any estimate of the effects of pelagic sealing. Pelagic sealing as an industry is of recent 1,,^ origin, and may be said to date from 1879. In 1880, according to the official report of the Cana- dian Minister of Marine and Fisheries, 7 vessels and 213 men were engaged in pelagic sealing in the North Pacific, securing 13,600 skins, valued at >S163,200. The same authority states that in 1886, 20 vessels and 459 men secured 38,907 skins, valued at $389,070. In 1891 the number of United States and Canadian vessels had in- creased to over 100; upwards of 2,000 men were engaged, and more than 62,000 skins were se- cured. GrowMi «l' fie st'iiliii''. 110 •m ^m •:■■■•{'' m 372 REPORTS OF BERING SEA COMMISSION. (iiowtii oi jM- Tims it apijcars tliat for ten vearH uftor the liigic Mealing. Alaska purchase the fur-seals of the Prihilof Is- lands were practically undisturbed in passin^r to and from their breeding'' «»rounds; that in 187!), 7 vessels and 213 men attacked them in the scji alonw- the Northwest Coast, securing 13,G00 skins; that the industry proved so remunerati\c that in twelve years the number of vessels had in- creased from 7 to over 100; the men from 213 to upwards of 2,000, and the skins secured from 13,(;()0 to more than (J2,0()()! One of the eflPects of this slaughter was the appearance on the rookeries upon the islands of thousands upon thousands of dead pups, starvation resulting from the loss of their mothers who went out in search of food but never returned. A glance upon the chart showing the locati«m of the sealing schoon- ers when warned out of the sea by Government vessels will throw nmch light on the wholesale, not to say iiduunnn, destruction of young seals. Coini).irison of finally, in comparing the operation of taking at sea. senls ou laud with pelagic seahng, it is important to observe that in the latter there is no possil)le way in which the number of seals taken can be controlled. While limitations of time and place might restrict the number captured by one hunter, increase in the number of hunters, which REPORT OF AMKHICAN COMMISSIONERS. 373 it is practically inumsMible to prevent, would ('omiiiuiNoii «>»• ' ^ ^ senliiiKiniluiiiluiul quickly render such restriction valueless. As"t»«i»- long as hunting- was profitable it wviiich pelagic sealing might be allowed and insido of which no sealing vessels should be permitted to go. Thi.s plan has the advantage of being satisfactory, if properl} A zone of prohi- bitiuii iiiudequutf REPORT or AMKRICAN < OMMISSIONKRS. 37.-i executed. If the radius of tliis pjotectt'd Jirea \» a zone «t proiu bition iiiuilfiiMiito. great enough to insure the e\< hision of pelagic sealers from Bering 8ea and the Nortli Pacific Ocean it would be entirely acceptable, lint when a radius of ten miles or of thirty or even fifty miles is suggested, the impressi«m is strong that such a proposition is not intended to be seri- ously considered. An examination of the chart showing the location of sealers when warned in the summer of 1891 will show that they are widely distributed. On the occasion of our visit to the Pribilof Islands in July and August of that year seals appi^^^red in considerable numbers while we were from one hundred and fifty to one liinidred and seventy-five miles from the islands, and many were seen up to the time of our reach- ing the islands. The possibility of properly executing any pro- hv^pdliL'iV'w'i'iei" posed scheme of protection must also have great ""i"*88»'>io- weight m determining its value. For instance, a proposal to permit pelagic sealing with the con- dition that only barren females were to be hunted and killed would be quite free from objection, for if all such were destroyed the herd would not suffer. But the absurdity of su<'Ji a proposi- tion is at once evident to all who are familiar with the elements of the problem. The difficulty »^"^t li' ' . 'f 111 -1 ■Mi % t m 376 REPORTS OF BERING SEA COMMISSION. iin))o8sii)ie toil! maintaining a protectod zone about the is- luaiiitain a zone. lands, the radius of which shall be comparatively small, will be clear to all who know the condi- tions prevailing- in that part of the world. 'Pliere is almost constant cloudiness and dense fog, and it is difficult for a vessel to know her own loca- tion within reasonable limits after having cruised about for a short time. The margin of uncer- tainty would be nearly as wide as the zone itself. Often the navigator receives his first information regarding the nearness to the islands by hearing the cries of the seals on the rookeries, which he can not see. Under such circumstances few arrests would be made of trespassing vessels that could not make a plausible plea in self-defense. In most cases it would be difficult to prove that the sealer was actually within the forbidden area. A close season. A more reasonable proposition is that involving a close time. A regulation fixing dates between which pelagic sealing would be everywhere for- bidden would b3 of easy execution compared Rut it miist prat -with the zoiial restrictions. But, as already tiiiiUy iirobib.t. •' stated, to be of value it must be of such a nature as to practically prohibit the taking of seals at sea. other ipmedies Other remedies have been proposed, but when of uo avail. examined they are found to have the vital defect of licensing or legitiiuatizing the evil practice ;?il I*'! REPORT OF AMERICAN COMMISSIONERS 377 wliicli has alreadv resulted so (lisjistrousU', and oiiki rcnudics ■' ' of no avail. witliout any ade(j[iiate means of (.'ontrolling tl '^ magnitude of its develo])nients. In short, if we do not wish the history of the fur-seal in Bering-. Sea to be a repetition of that of the rookeries of the Southern Ocean and of other localities where seak once flourished, measures ade([uate to the existing evil, heroic, if need be, nuist be adopted. In 1889, Prof W.H. Flower, , J'""'- w. ii '■ '. 1' lower. director of the Natiu'al History Museum, Lon- don, wrote as follows, after referring to the total annihilation of the rookeries of the south seas : "Owing to the ruthless and indiscriminate slau<;hter carried on by ignorant and lawless seal- ers regardless of everything but immediate profit," he says, "The only spot in the world where fur-seals are now found in their original or e\en increased numbers is the Pribilof group, a cir- cumstance entirely owing to the rigid enforce- ment of the wise regulations of the Alaska Com- mercial Company, which are based on a thorough knowledge of the habits of the aininals. But for this the fur-seal might before now have been added to the long list of jmimals exterminated from the earth by the liand of man." Less than three 3'ears have elapsed, and the ProRross of cx- turiiiiiiatinii, catastrophe here hinted at is well under way. lU ])rogress can be arrested only, we believe, by 4, ■Ii imM II :!^ m '■'I Mi 27H»- -48 378 REPORTS OF BKRING SEA COMMISSION. i ProKnsN of ex- the at'ceptaiice of the priiiciph's stated above, term illation. wliicli are the h)gical deduftioiisfroniestablislied facta. RairtH oil the It niay be worth wliihi to add that tlie su"-- roukerics. '' gestion lias l)eeii made that the decrease m the number of seids is due to ])iratical raids upon the ishmds themselves during the breeding- season. Comparison of Wiiile it is umiuestionablv true that such raids raids aiul pelagic ^ " sealing. luivG Occasionally occuiTed during the })ast, and that some skins have been obtained in that way, the number of these is so trifling in comparison with the annual pelagic catch as not to affiict in any way the (juestion under consideration. It is also difficult for one familiar with the rookeries and the habits of the seal to conceive of a raid being made without its becoming known to the officers in charge of the <»perations upon the islands. The "raid theorv," dierefore, mav be lismissed as unwoi'thy, in our judgment, of serious consideration. Rcpomni (• n (1 a - Jn addition to the estiiblishment of such regu- tion as to manage- meut of islands. Jatioiis as would practically su})i)ress ])elagic sealing, it is strongly recommended that killing on the Islands be subjected to somewhat more strict and competent supervision. While it is not believed that any serious c(»nse(juences have resulted from looseness in this respect, the inter- ■•■.-;. .J. *J. . ■. i' REPORT OF AMKRICAN OOMMISSIONERS. 379 ests involved are so important, and in some . Recommend a- Til , tion as to iiiaiiiiKe- reSpOCtS SO complu'uted, that too raucli care eanmeutof isiauds. not be given to the selection of the proper persons to be intrusted with their conservation. The practice of frequent clian<^es in the Govern- ment ag-ents is deplorable. They should he so familiar through association and observation with the appearance of the various rookeries as to be the first to notice any changes Avhich may take place. They will thus be enabled to determine annually the number of seals which may be taken with safety and from what rookeries, whether the driving is properly conducted, etc , and their whole c-itort.s should be directed to the preservation of the seal herd in its normal con- dition. mil 'III i|| SUMMARY. Conclusions. The number of seals frequentinjr the Pribilof Seals b-ive de- Till ^ T ' creased. Islands has greatly (hnunished during- the pa.st fe v years. .I'yoofs. — The ))hysical condition of the rook- Fi u,^ i)m\ the testimony of natives and of Govern- uv.t {;fticers and Company agents who have res.>K.i upon the islands for many yeju's. The decrease in tlie number of seals is tlie ^♦^'''■<'a»e fln"sed by pthifric sealing. result of the evil effects of pelagic sealing j|i ;^4 "■I . ! 4 1: M 380 REPORTS OP BERING SEA COMMISSION. Suppress peiagic Bealiug. Proofs. — The seal is polygamous ; many males may be killed without injury to the reproductive forces, but no females, exce>)t the baiTen. Kill- ing on land may be and is selective; no females are killed. Pelagic sealing is not and can not be selective; a majority of seals killed are females. The presence of dead pups in great numbers on the rookeries last year proves that their mothers had been killed at sea while in search of food. Tli •■ ^-^ • nearly every skin taken two seals were killeu say nothing of wastefulness through failure to recover seals shot at sea. There is no evidence of a lack of virile males on the rookeries. Remedy. — The suppression of pelagic sealing. When this is secured, the Gorcinnient, insist- ing: on a strict enforcement of its regulations through the agency of responsible and compe- tent officers, can render this industry, so impor- tant and valuable to all the civilized world, as nearly perpetual as it is possible for man to determine. Thomas C. Mendenhall. C. Hart Merriam. Washington, April 15, 1892. Appendix A. SEALS SINK WHEN KILLED IN THE WATER. It is well known tliat seals in general sink when killed in the water. To prevent the loss of such seals various devices are em})loyed. In the Newfoundland and Labrador seal fisheries the "^''-««»J«- great majority of the seals killed are taken on the ice, but some are shot in the water. In order to secure the latter, each hunter is provided with a reel of stout cord, to which is attached a lead weight bearing' several large hooks. When a seal has been shot, the hunter liolds the coil of loose cord in one hand and swings the weiglit with the other until it attains sufficient momentum, when he lets it fly in the direction of the seal, hoping to overreach the animal, in which case the lead weight carries the hooks rapidly downward on the far side of the seal. By means of a strong pull on the cord, the hooks are made to take hold of the seal and he is drawn in. In the North Pacific, the pelagic sealers are Knr-seals. provided with slender poles, each bearing an iron hook at one end, with which they secure many seals that have begun to sink. In order 381 :f»t«i m ' ;!|P k r *" '#] ^'i it « 382 REPORTS OV BEHING SEA COMMISSION. Fur-seals. to use tliis pole, the liuiiter in his boat approaches the seal to within shotjjun range; after firing, tlie oarsman propels the boat rapidly to the spot, thus enabling the hunter in an uncertain per- centage of c" ^es to reach the seal with his gaff. Hair-seals. Mr. HiiK'kelmann, Royal Superintendent of . Fisheries, in an article entitled "Injuries to the Fisheries in the Baltic by Seals," states: "The seal when mortally wounded invariably sinks to the bottom, where, at least in deep water, it can not be reached. . . . The huntsman can only iu very rare cases prove that his shot has been successful, as the dead seal can not be taken f''om the surface of the water, but sinks to the bottom." (Translated in Bull. U. S. Fish Com- mission, Vol. VII, for 1887-1889, p. 81.) Antarctic fnr- (Captain Musgrave, who was shipwrecked on the Auckland Islands, and for a year and a half subsisted largely on the flesh of seals and sea-lions, states: " When they are killed in the water they sink like a stone." (Quoted by R. A. A. Sherrin in "Handbook of the Fisheries of New Zealand," 1886, p. 248.) Payer and Copeland, in their account of *' Hunting and Animal Life in East Greenland," state res})ecting seals: "When dead they sink very quickly." (The Zoologist, No. 124, 187G, p. 4744.) Hair-acals. ■'■ii!J REPORT OF AMKRICAN COMMISSIONKRS. 383 Kobort Wiinvn, in a note in The ZoJilogist tor Hair-seuls. ISSO (Sd series, Vol. IV, pp. 358-359) states that a J^ray seal (^llaHcharus (/rypJius) was shot iu Killala Hay while in the act of devoiu'in*^ a fine salmon. "On receivinif the ball thron^Ji the hinder part of his head, he sunk out of sight, but was thrown ashore by the next tide, and even then retained a part of the salmon between his jaws. The reason seals in general shik when killed ^Jl^*""*"" "*'*'''* in the water is that the s})ecifit' j^ravity of their flesh and bones collectively is considerably g-reater than that of water, while the specitic gravity of the layer of fat beneath the skin is less than that of Avater. This layer of l)lubber is much thicker in the hair-seals than in the fur- seals, but is not thick enough to float the body ; consequently, even the hair-seals sink when killed at sea. It is true that a certain percent- age of seals killed in the water float long enough lo be recovered. Such seals, as a rule, are shot through the lungs, permitting enough air to escape from the lungs into the body cavity and wounded tissues to cause them to float. I'elagic sealers admit that seals shot in the head, when the rest of the body is under water, are almost certain to sink before they can be reached. !i„,ill III ■ill! li agi S-' ,.' ! I N '. .sit •ill* i Appendix B. lillll DATES OF ARRIVALS OF FUR-SEALS AT PRIBILOP ISLANDS, 1871-1891. First arrival of bulls, cows, and pups at St. Paul Island, Bering Sea, 1872-lSOl, inclusire (from the official record). Year. Bui H. Cows. Pups. 1872 May 13 Jtiiii- 3 June 13 1873 Apr. 24 8 23 1874 23 May 24 tu 1875 28 June 7 10 1876 May 3 5 No record. 1877 17 May 25 May 29 1878 June 8 No record. 1870 Apr. 29 16 June 18 188U Apr. 30 No record* 10 1881 May 5 June 8 12 1882 2« No ri'( ord* Xo record. 1883 May 6 ...ilo do. 1884 Apr. 30 ....do do. 1885 27 ....do do. 1886 1« ....do do. 1887 May 1 . . . do . .... do. 1888 1 ....do . May 21 1889 3 June ;io June ; 10 1890 Apr. 28 6 10 1891 May 1 11 13 2710- ♦On Juno 21 rookeri™ rapidly filling up. f'Arriviujj; in fair numliers." } " Good mnny reported." 49 385 'Vim '.''■'6 III m IP 38G IlKPORTS OF BERING SEA COMMISSION. J'irst arrmtl of bulls, vow8, and pii/in at >'/. (ieorf/e Inland, Bering Sea, lS71-lS9t, incliisire (from lln official ricord). Year. BnlU. COWH, Pupg. 1871 May 4 No record. No record. 1872 6 ....do do. 1873 10 ....do do. 1874 1 June 7 Jinif 7 1875 Apr. 2fl| No record. 1870 Kf\.. 15- 13 do. 1877 May 8 ' 8 do. 1878 10 Xo reoord. do. 1870 10 J lint' do. 18HU 1 No ii'ioril. do. 188 6 ' June 9 Jnuu 9 ISht 2 9 11 188,1 7 6 1884 4 7 10 1885 Apr, 29 1 No record. 1886 May 4 8 ■I line 8 1887 7 ' No record. No ri-c ord. | 1888 8 ; May 31 No record. 1889 5 May 31 1890 Apr. 26 No record. do. 1891 May 5 Jnuu 3 i Juno 10 'Largo uiimbera in water. Appendix C. YOUNG SEALS ARE BORN ON LAND OR ICE ; DO NOT SWIM AT FIRST, AND CAN NOT NURSE IN THE WATER. No species of seal in any ])art of tlio world. All sonisbomon , • ' Ittiul or it'o. ^nves birth to its young in the water, either among- the sea-bears and sea-lions {OtanUla) or among the true seals (Phocida.) In the great majority of species the young are brought forth on rocks along the shore, but in a few kinds of hair-seals, notably the harps and hoods, they are born on the ice floes of the far north. Not only are all kinds of seals born on land Cor NursinK impos- . XI, . , «''^lc "» water. ice), but they remain there while nursiiiff, for seals can not suckle their young in the sea; the young are unable to hold their breath long-, and would drown if they attempted to nurse in the water. However strange it may seem to those unfa-j|Jj\""" ."'^•'^is miliar with the facts, all young seals are afraid of the water at first and enter it with great reluctance. At the island of St. Paul, in August, we have seen mother seals take their young by the skin of the 887 water. oil : J- :iM >i 1 '1 •rif 388 REPORTS OF BERING SEA COMMISSION. Voimj,' «r IV Is back and carry them out Into the water, much (Iri'iiil tlic waUT. anuiiiHt the will of the young-, and have seen this repeated Heveral times before tlie youn<^ were j)erinitted to hind, which they did in a state of great excitement and fatigue. Captain IJryant, who spent many years at the Pribih^f Iwhinds as chief Government agent, states: "It seems strange that an animal Hke this, born to live in tlie water for the greater i)ortion of its life, should be at first helpless in what seems to be its natural element, yet these young seals if put into it be- fore they are five or six weeks old will drown as quickly as a young chicken. They are somewhat slow, too, in learning to swim, using at first only the fore flippers, carrying the hind ones rigidly extended and p>"*tially above water. As soon as they are able to swim (usually about the last week of August) they move from the breeding places on the exposed points and headlands to the coves and bays, where they are sheltered from the heavy surf, and where there are low sand beaches. (Bryant in Allen's Pinnipeds, 1880, p. 387.) Captain Musgrave, who was shipwrecked on the Auckland Isles for more than a year and a half, has published some important notes respect- ing the sea-lions of those islands. Concerning the young, he states : '"It might be supijo^^d i RKPORT OF AMEIUfAN COMMISSIONEHS. 389 that these {uiimals, even when youiijr, vvoiiM Y.,„nK .....Ih readily go into the water- that heing-one of their'""" "" ""'"• natural instincts, but, stran/re to say, such is not the ease ; it is only with the greatest difficulty and a wonderful display of patience, that the mother succeeds in gettinjr her young in for the first time. I have known a cow to be three days getting her calves down half a mile and into the water, and, what is most surprising of all, it can not swim when it is in the water." ■■;m i ^'■!f >:- :iiii ?^^^^■^J '"'it; Appendix D. 'imii NATURAL ENEMIES. The only important enemy of the fur-seal T'le killer- known to man is tlie killer-whale {Orca ffladia- tor). These killers visit the islands on their way north about the end of April, and return in Sep- tember. In the fall they hug the sliore, keeping in the kelp or moving about the rocks as near in- shore as they find sufficient water to float in. They are sometimes seen in squads circling round and round the islands, catching young pups by dozens. At first the pups are said to pay no attention to the enemy, sometimes swim- ming right into the killer's mouth, but before the end of the seaHon they learn what the ])rcsence of tlie killer means, and rush out of the water and up on the rocks wlienever one comes near shore. The killers generally arrive early in September, and remain as long as tlie pups stay, which is usually' until the latter pra't of No\ am- ber. 301 ;; ■ J '■ i J. ':} 4 ii '''-Up- Appendix E. 'If* r^^i iMi FOOD OF THE FUR-SEAL. CONTENTS OF STOArACIIS or FIK-SK.M.S KILLP:D AT THE I'UIIilLOF LSLAXIJH. August l-o\ 1801. One Imndred and eig-hteen stouinrlis of fur- ,,,,|;,;^;'\'"; ".j/Jjj'JJ. seals were examined j(»intly ))y tlie United '''''"'^'• States and British leering- Sea Commissioners at St. Paul and St. George Islai^ds, Angnst 1 and August 3, 1891, with the following results: All the stomaelis were opened innnediatelv C'>"ti^'it8 <>f . * • stoiiiiicLu. after the seals were killed. Xinety-tliree out of the one hmidred and eigliteen were emptv, except for the presence of a little mucus, l.ile, frothy slime, dark brownish blood, and i^ai, itie worms. Blood in some form Avas ))resent in five stomachs, and nematode Avorms about three inches in length were found in most of the stomachs opened. Twenty contained ]iebl)les, or |)ebbles and beach-worn shells, either ahMic or in coiiiicction with other (•(»iit<'nts, the ouantitA" vnr\in<0 ,si Decision of United States courts )^ I Boundaries of 70 Cession of, to the United States 70-77 Cession unincumbered 72 Furs exported from, durin;; Russian occupancy 73 Laws of United States relatinf{ to 78-84 Meaning of term in treaty of 1867 SO Motives for pure ■ lase of, by United States 7.-, Peninsula of j3 Products of 77 (See also Jurisdiction over Bering Sea.) Alaska Commercial Company: Capital of, $2,000,000 ..". 134 Lease to Ijj^ Alaskan seal herd : ami Russian herd, distinction between }).l Characteristics of ()4_ 2!),5 Classification of 9y DevVeiise of. (See Decrease.) Deplt ''ion of, by pelagic sealing 216 Does not enter inland waters 127 397 I t «»' iM 4 398 SUBJECT INDEX OF CASE. AliiHknn sesil berrt— ContiiuiMl. Pap". Dues not land at (iuailaliijto iHlands 129 Uoex not land ex('0]>t on i'ril>ilot' Islands 120 Dons not niinKlii with RiisHian herd 96 Haliits of 8!) iioiiin of yi Loss if destroyed 269 Migration of 122 Piojierty in 300, 302 Protection of. (.*«Ve Protection.) ReHnlts if not itrotected 28.5 lieMults of protecting 285 Seal-skin indnstriep, dependence on 268 Unprotected conilition of 237 Alaskan seals, enumeration of, inipossiltle 93 Aleutian Islands 13 Con<|uest of, by Russians 22 Discovery of 21 Early expeditions to 22 Algerian coral fislieries 335 Amendment of 1874. relating to management of rookeries 136 Anieriean comjietition for Northwest Coast 32 American management ; Of rookeries 133 Result of 164 Antarctic seals: Destruction of 218 Do not migrate 123 Arrival at tlie islands: Of bachelors 120 Of bulls 108 Of cows 108 Award, jiayment of 5 Bachelors: Arrival of, at islands , 120 Cause oi', entering the water 120 Departure Bering Island, d isco very of 22 SUBJECT-INDEX OF CASE. 3'Jl) m ^^ Ht'rinjj Sea : p,,^,,, Boiiiiilarioa of 11 DiiiicnaiuiiH of H Discovery of shores aiul islands of ^0 Fisliiiig rights in, not thrown open by treaties of 1M2I anil lf<2'> "it -57, til -70 Fof?s in I<(, L'(j| Foreif^n tnide or linntiiij; in, proliiliited by Russia 41', .">l Geojirraiihical sketcli of ll-ir» Islands in II Jurisdietuin over, always exi'rciscd for ]irotei'tiiin of fiti'-srals 1 1, 57 Jurisdiction over easterly ]>art of, transferred to the rnited S(:!).,'s 7(1, 7»j Jurisdiction over, not exercis«Ml for all |nir)ioseH .^,7 Location of U Not inclinled in term "Pacitic Ocean" 52, 51, 2!t7, I^Ol' Oecnimtion of shores of :>() Other names for ,-,;{ Pelajtie sealing in, prohibited by Kussia 1 1_ 17 Pojuilation of shores of I,-, Portion of, ceded to the United States 70, 7(i Proclamation of President relatinj!; to Kit Prohibition of pelagic sealing in 25li Protests not directed against jurisdiction over ,-,0 San Diego enters, in 1 W3 Isx Sealing vessels did not enter, before decrease began ik5 Shallow portion of 11 Ukase of 1821, declaratory of Russia's rights in 41 Vessels seized in K2 When shores of, l)ecame liussinn territory 25 (Sec aJ«o Jurisdiction over Bering Sea; Ukase of 1821; United States; Russia.) Bering Sea Commission : Report of, as to cause of decrease I77 (Sre also \merican Bering Se.i Comniissioncrs.) Bering Strait 12 Discovery of 21 Bering, Vitus : First expedition of 20 Second expedition of 21 Birth of pups ilS Aquatic, impossible 102 Number at 113 On kelp beds, imi)ossibIe 101 Time of 5)8 Birthrate not atfected by killing certain number of ninlf seals I.54 Black pups yg Si m J i:1 M _ ;i I 4 400 SUBJECT-INDEX OF CASE. ]t()at-]>n1t(>r. (See Pelagic Moalers.) Hoiit-HteiTtT. («V«e Peliigic sealers.) UouiidtirieH: Of Alaska 70 Of Itoiiiijr Sia 11-13 lirreiUii); ^roiiiul!* ill JlroediiiK seiiis protected from disturbance 152 Bristol l!ay 12,24 UritiNli coiiipctition for Northwest Coast 29 JJuUs 107 Age 107 Arrival of, at islands 108 Arrival of the cows 108 tJonllicts between 108 Conflicts between, in 1801 174 Dejiartnro of, from islands 112 Fasting of, on the rookeries Ill Ferocity of 122 Idle, vigorous 173 Lund on same rookery 108 No lack of, on the rookeries 172 Organizing their harems 109 I'ower of fertilization lOtt .Seldom seen below Haranotl' Island 124 Sutlicient, preserved for breeding purposes 174 Vitality of 112,159 Weight 107 Winter near Fa irweather Ground 124 Canadian investment:. (>S'ee Investment, Canatlian.) Canadian testimony as to number of females in pelagic catch 201 C.inoc used by Indian hunters 189 Cape Horn rookeries 229 Cape of (iood Hoi>e. protection of seals at 224 (,'api' I'riiice of Wales 12 (.'aspian Sea regulations protecting hair-seals 228 Catch of sealing vessels. (.S^ee Pelagic catch.) Cattle, seals managed like 148 Cause of death of pups on the rookeries 215 Cause of decrease. (AVe Decrease.) Causes of migration of Alaskan herd. Census of seal life impossible 93 Cession of Alaska. (.See Alaska.) (•eylon Pearl Fisheries 2,S.T Characteristics of the Alaskan herd 94, 295 Charters. (.Sec Russian American Company.) Charts : Decrease shown by (portfolio of charts, A to K ) 1(58 8rBJE«T-IM)i:x OF < ASK. 401 CliHrts — ContiiiiH'd. I'oK'' Of Piicilif Ocean 5-' Of rookerieH (|Kirtt'oli(i of t-liaits, A to K ) 165 Cliief iniinnger of KiiHsiiiii Aiiu-riiNiii ( 'oloiiit-s. powers of 3<{ ('hiii«8e inaikets 37, 130 ("liiuese trade 37 (.'laiiii of the leHsees for daiiiii^es 'JHd Chiini of the ITiiiteil States Itefore tlie 'rrilmiial 2fl!t Chiiin of the I'nited .States for damages '2Hti, 2it1> C'laiiiiH to tlie Northwest Coast id' America 2(5 ClaHsitieatioii of dainu<;es 28(» Of ini};ratin^ seals 125 Of [Mips 99 Of seal8 9« Climate of I'riliilof Islands 18, 90 Close season ; As a means of protection td' seal herd 253 Dr. Georjje I >a wson on 255 Establishment of, for hair-seals by New niiiiill:iiid 225 Impraeticahlo for jirotection id" seal herd 2.54 Professor Huxley on 256 Proposed by Lord Salisbury 239 Sir (ieorgc^ Baden-Powell 255 Sir Julian Pauiu'efote on 255 Coast of northwestern America. (Set- Northwest Coast of America.) Coast thrown open to trade for ten years 58 Coition ; I)o(^s not take place in water 110 Theact(d" 110 Colonial waters. (See Waters tcranted to Kussiiin .\nu'rican Company.) Commander Islands: Discovery of 22 Drives on IfiO Resources of 22 Commission, .Joint. (See .Joint (!onimissioii.) Commissioiu'rs. ( Nr .loint Connnission. ) Commissioners, Aiuoricau. {See Anutrican IJeriiiK Sea CoUHiiissidiiers.) Coraiiarison of leases of 1870 anil 1890 1 Ki Conclusion 295 Concurrence of natix|iuH.) ConrHu of niiKration of AluNkim herd 121 ( 'onrni'H of aeulinK vchsuIh ItSb Conrts, dttclHions of United Stutes. (See AliiNkii.) Cows : Age of 113 Arrival of, at ixlaudH 1( w Death of, caiiHt-H death of their piiiw 115 Departure of, from islands 1 ll> Destrnetioii of, by pelagic Healing 197 Eighty to ninety per cent of pelagic catch arc 19S Feeding excursions of the IK! Gestation of, period of 1 IH Harem life of the IIH Manner of feeding 115 Mingling with the bachelors 12'.' Nourish only their own pups Ill Nnmber of, that a bull can fertilize l(li> Number of pups at birth li;{ Number of, to a harem IIW Only killed on islands by accident 151 Protection of 150 Scarcity of, on rookeries 173 Speed of, while swimming 119 Weight of 112 Cruisers : Duty to be performed by 44, 63 Object of dispatching, to Bering Sea in 1820 and 1821 44 Orders to American 80-84 Plans for, in 1820 and 1821 , 43 Plans for, in 1854 64-fi6 To remain in Bering Sea till whalers leave 65 To watch and warn whalers in colonial wateis 63,67 (See aho .Jurisdiction over Bering Sea.) Damages : Clause of trea ty 5, 286 Claim for, by I'liited States : 286, .302 Classification of 286 Of lessees, basis of computation of 290 ■^i SUBJECT-INDEX OP CASE. 403 I 21 121 '.'5« 113 lOS 115 ll!» 1»7 19H IKJ 113 113 115 122 lit Ktit 113 imt 151 150 173 119 112 44,63 44 80-84 43 64-66 65 63,67 5,286 »86, 302 286 2»0 DamaKVH — Coiitiiiiind. ■'*)(«' To (ilovuriiiiiKtit, liiiHiH of I'ltiiiiiiitatlon ^A' 288 To I«>»H««'8 of tin- JNlanilH 289 Deiid piipH. (Sue \'\\\m, iluiid.) Dentil of iinp ciiiiHt'tl )i,v ilriifh of cow 115 Dpiitli of piipH on the rookcrieH. (See Piipn, 8 As seen on I'riltilof iHlnnils 1»J0 Began 1884 or 1885 165 Cunse of 172 Caused by excessive killing l»y man 176 Caused by pelagic sealing 176 Coni|>arison of, with increase of Healing Heet 1^5 Conclusion as to 296 Did not begin till scaling vesHols entered liering 8i'a 185 Dr. Allen on clause of 177 Evidence of 165 Experts' opinion as to cause of I77 How determined 93 Not caused by lack of male seals 172 Not caused by management 176 Not caused by raids I74 Opinions as to cause of I77 Opinions of Indians as to cause of I79 Ojtinions of Makah Indians as to cause of IgO Opinions of pelagic sealers as to cause of 181 Period of stagnation before 165 Shown by charts (A to K) 168 Shown by reduction of (iiu>ta 169 Testimony of Indian hunters as to I70 Testimony of pelagic sealers as to 169 Yearly 168 Decrease of seal herd. ( See Decrease. ) Departure from islands : Of bachelors 122 Of bulls 112 Of cows 119 Of pups 1(H5 Dependence of pup upon its mother 106 Destriiction of nursing fciualis 209 Destruction of pregnant female seals 207 „ol4 dii "Mil m '■m 404 SlIB.IErT-LNDEX OF CASE. Dpfeniiinntion of ]>OHsil)lo catcli DiiiH'iisioiis of Ht-riiij^ Sea Dioiucde IsIhikIh Discovery : Of Aleutian IsIhikIh - Of Bt'iiiijj .Strait Of Coiimiiinder Islands Of I'ribilof Isiiiiids Of sliorcH of HcriiiK Sea Disorganization of tlio rook':ries Dis]nite. (i>ir I'kasc of 1821; Treaty of 1821; Treaty of IST*.) Dispute between tlie IJiiitet, States and (4reai I.ijiiaiii as to Pacilie Coast. Distance the cows elagic sealing Einployds: In Canada and London _- In seal-skin industry — — In United States Enumeration of seals impossible Evidence. (Sir Treaty of Arbitration of 1H92. ) Examination of catches of vessels seized Examination of dead |>ui)s __ Examination of pelagic catch of 1892 _. Extraterritorial Jurisdiction. ( ■Sec .luri,sdietimi, Estratcrritorial. ) Exclusive rights. ( Sir .Furisdiction over lierim: Smm.) Exclusive rights of Hu,ssian American Company (See uIho Jurisdiction over Hering Sea; 'ussiuu American Company. ) Executive, action of relativt^ to .\lnska. (.Vf Alaslia.) ExiH'ditioii, I5eriiig's first , Expeditions, early ones to Aleutian Islands Page 2! HI 11 12 21 21 22 20 112 :52 IKi !tl V.V.i 147 15;-) i,-.u 1.-.7 ItU l(i2 Ui2 H)2 ItiO ir>ti 270 21ti 278 281 280 2{Mi 215 203 35,45 20 m -ill SUBJECT-INnEX OP CASE. 405 '\m . Page. Falkland Islatvln, protectiitn of seals at 221 rasiiiig Of tlie bulls i»n the lookerit-s Ill Kxi'iirHioim for llti Maiiuer of 115 Very little, by bachelors. 121 Fertilisation, powers of bull in lOJt Firearms : Forbidden on islands 133 Used by vliite hunters litO Used in pelajjie sealinjf 188 Fisheries : Algerian coral 23.') Australian jiearl 2;W Ceylon jiearl 233 Irish oyster 232 Mexican pearl •J'M't Norwegian whale 23(i Panama pearl 23f> Protection of, by France 234 Sardinia, conil 23.5 Scotch herrinji; 232 .Sicilian coral 235 Statutes protecting 22}) Fleet of sealing vessels. (.Sc Sialin ^ licet.) Fogs in Bering .Sea 18, 2(!1 Food of the seals 110 Foreign vessels. (.S'ec Foreigners; .Iiirisdiction over Bering .Sea.) F'/reigners: Abandoned all business in Okhotsk and Kanu'hatka 4H Carried on no reyulur iiade in Hering Sea 51 Contracts with, rn milled 4", Forbidden to reside or carry on busines.s in Kamchatka or Okhotsk tti-49 Officials ordered to dri \ c them away 4!t Their presence in Russian waters illegal 48 Trade of, on Noit Invest t'oast 51 (See also .hirisdiction over Bering Sea.) Fort Koss 28 French legislation for jirotectiou of fisheries 234 Fur (Joninany. (See Russian Ameri(-an Company.) Fur industry. (See Furs.) Fttrriers: American, opinions of, as to the need of protection 245 American, testimony of. as to number of females in peliigie catch 202 British, opinions of, as to need of jirotectiou. 243 ^. ,.,(,, I i 406 SUBJECT-INDKX OF CASE. m i-'iirriiTH — (.'oiitiiiiied. Page. Kritish, teHtiinouy of, as to iielii^ic cntcli 198 Fnjuch, (i]iiiii<>iiH of, as to ncfd of protiictioii 244 Fiii-h: Early voyages in search of 22 Large quantities hrouglit from ('oinniiiiKler Islands by Hossof 22 Quantities of, exi)orted during liusNiun occupancy of Alaska 73 Value of, known to American negotiators 74 Value of, taken from Bering Sea prior to 1867 73 (See alto, Fur-seals). Fur-seal industry (.See Furs; Fnr-seals.) Fur-seals : First found on Bering Island by Bering 22 Harvest expected from 42 Jurisdiction over Bering 8ea always exereiMed for protection of 57 Killing of, at sea to be prevented 44 Laws of United States relating to 78-84 Most important )tiirt of colonial enterjirises 02, {i3 Protection of, reason why K'ussia excluded Bering Sea IV.ini efteet of treaties 5!) Reduction in number killed 42 Revenue yielded by, to United States 77 Right to i)roteet Alaskan, passed to the Ignited States 72, 7f> Russia's rights over, passed to the United States 72 Whaling company ])rohil)ited from cruising in waters freiiuented by .. . (i8 {See alio Jurisdiction over Bering Sea.) Fur trade. (iVet* Russian American Company.) Gaflf, used by pelagic scalers 194 Game laws 230 Geographical sketch of Bering Sea 11-1.5 Geographical sketch of I'ribilof Islands 15-20 Gestation, period of 113 Government .agents 115 Government claim for damages 287 Government working impracticable 138 Gray pups 99 Killing of, stopped 131 Great Britain : Acquiesced in control exercised by Russia and United States 69, 298, 302 Burden on, to show that Rnssia's rights over Bering Sea lost ,57 Concedes that Russia's rights over seal fisheries iiassed to United States 72 Modus n'rewrfiof 1892 between the United Statesand. (>:ie Motliin t'ivendi of 1892,) Protest by, against ukase. {See Protests iigainst ukase of 1821.) Should concur with I'iiited States in regulations 302 Trade of, on Nnt 131 Increase of seal herd. (iN>f Increase. ) 1*1 4 •♦dj 408 SUBJECT-INDEX OF CASE. —^ ' ' ^M ■V * ^'i^jT ^•N ■s- \f, vnK. -k4^ .■\.'.''; '^^•(' \ver North I'acKie Occiin Russia relinquished, claimed over Pacitic Ocean Extraterritorial British hovering acts By France, protecting Algerian coral fisheries By Italy, protecting coral tibheries By Mexico, protecting pearl fisheries By Norway, protecting whales By Panama, protecting pearl fisheries In r«lation to fisheries Pag*. 18.S 189 190 247 187 1S7 180 179 187 20 1 137 137 276 277 275 .'SO, 298 281 275 279 281 277 272 232 14,20 235 227 7 7,8 38 56 231 237 235 235 2,36 236 236 230 .r V ill SUBJECT-IXDEX OF CASE. 409 I'aRe, 232 233 237 232 237 .Inrisdiction — Pontiinu'd. . Irish oyster fisheries Protecting Aimtralinii pearl iisbories Quarantine act Scotch herring fishery net St. Helena act Jurisdietiuu over Bering Sea: Exercise of, by Russia : Acquiesced in by Great Britain fi9. 2iW, 302 After the treaties of 1824 iiud 182.") Hl_70 Always exercised for protection of fur-seitis .57, 295, 297, 301 Cruisers should be constantly maiutaiued in lb-ring Mea 43 Foreign vessels not permitted to Inmt, fish, or trade in Hering Sea 42. 47, fil-70 Foreignerg to be driven from Hering Sea 4 1, 48 Not exercised for all purposes 57 Not relinquished by treaties of 1824 and 182.") ;">.">, ")6, 61-70 Pelagic sealing ]irohibited 44 Pigott aftair 45_4f< 42 47 50 56 69 Prior to ukase of 1821 Prohibition against visiting wateis frequented by seaolters or fur- seals Protests not directed against Recognized by treat ies of 1824 and 1825 Summary and cimclusicuis Ukase of 1821 in relation to 41, 49 Understanding of United States as to 7)j Exercise of, by United States 78-85. 207 Acquiesced in by Great Hritain until 1886 69, 298, .S02 Right acquired by United Stales as to easterly lialf 70. 72. 76, 79 Seizures jj2 United States do not rest their ease altogether on ri'^iit to 85 Visited annually by revenue cutters ^i §2 Vessels seized . Radiak Island : Early expeditions to mainland from Settled by Shelikof Kfineiiing the skins Killable class, The, (See Bachelors.) Killing: Excessive, cause of decrease Manner of, on islands Killing grounds: Located near hauling grounds Methods employed on 2716 52 82 27 26 163 176 163 161 163 I'M n i: 410 SUBJEPT-INDEX OF CASE. Killing of rertaiii number of male seals: A li«iietit Docs not attVct liirtlirate Killing seals, regnlationf* for Killing iieals at sea. (^See Pelagic Healing.) Kniswnstern, island of Kimk()(|uiin Hay ■ Laws. {See Statutes.) Lease of 1870 Allowed 100,000 male seals to be takou Comparison of, with lease of 1890 Conditions of Consideration of Fourteen bids for More advantageous than required by la w Practical workings of Terms of Lease of 1890 Comparikou of, with lease of 1870 . More advi. ntageous than lease of 1870 Number of bids for Leases. (S;e Lease of 1870 and Lease of 1890.) LcgiblaT.iou, protective. {Ste Statutes.) Letter by Dr. Merriani Letters from Naturalists. (See Naturnlists.) Letters of Lampson «fc Co. to British Government Limit of 100 miles: Enabled Russia to protect Pribilof lit rd in Hcrinji Sea. Why chosen Location of Bering Sea Location of Pribiloflslands London seal-skin industry Loriot affair Loss from customs tluties Loss if Alaskan herd destroyed To France To Gruat Britain To the world To United States Makah Indians. (.*>>(! Indians.) Male seals not injured by rcdriving Management. Approval of, by committees of Congress Government ajieiits Government working impracticable Improvement over Russian method of taking seals PftRP. 1.-.4 1.'4 150 71 12 134 14K VM 135 135 135 139 135 145 146 14t) 145 240 243 40 40 11 15 272 .59 289 2(>9 273 272 274 269 158 138 145 138 161 SUBJECT-INDEX OF CASE. 411 Manngenicnt — Continued. V»ga. Miiuuer of taking seala on the islands 155 Methods of 137 Not a (^au8e of decreuso 176 Result of American 164 Unlicensed working of rookeries inipructivaldc 138 Management of rookeries 130 Ainerlean 133 Knssiaii 130 Management of the seals 147 Contrcd and domestication 147 Ease of 148 Manner of hunting. Of White and Indian linntcrM... 190 Manner of taking seals on the islands 1.55 Manner of traveling 125 Maps: Of Pacific Ocean 52 (See aluo Charts.) Maritime dispute. (() wlicii seals killt-d l>y ir»7 Very lew seiilH killeil l»y 157 Oveiheating. (See Overdriving.) Pacific Ocean; Charts of 52 Declarations of Rnssia concerning tlie term 53-5(> Jurisdiction over, relinqnislied by Hnssia .56 Maps of 52 Protests against ukase directed to cliiiui of Jurls'liction over I9 Russia's attempt to exercise Jurisdiction over, re.sisteil .|i> Term does not ini;lnde Bering Hea 52, .">4, i'}t7 Panama legislation ^30 Part lirst 9_)^(j Part second «7-2!»l Payment of award 5 Pearl fisheries: Of Australia 233 Of Ceylon 233 Of Mexico 23(> Of Panama 23(5 Percentage of female seals taken hy pelagic sealers ];)(; Percentage of pregnant females destroyed by pelagic sealing 207 Percentage of seals lost of those killed j95 Period of gestation j j3 Pelagic catch : Canadian testimony as to the number of feuniles 2OI Eighty to ninety i>er cent female seals \c)f^ Examination of, on vessels seized 2()(> Of 1886 ". |«, Of 1888 ,«4 Of 1889 ISI Of 1890 1«4 Of 1891 IH-, Of 1892, examination of 203 Sir George Baden-Powtdl's statement as to proportion of females in 200 Testimony of pelagic sealers as to number of females in 205 Pelagic sealers: Opinions of, as to cause of decrease Igl Opinions of, a« to need of ]>rotection 9.|6 Increase of inttxperienced 19;{ Testimony of, as to number of females in catch 205 Weapons used 190 Pelagic sealing, absolute prohibition of, necessary. (.Sec Pioliibitiou of pelagic sealing.) m'. m m 414 8UB.IECt-INI)EX OV CASE. IVIajjic N*7 IJcHtriiution of (ircfrnant fcnialoH by 207, 2eculati ve 282 Two ways in which a seal maybe killed by, and not secured liHI Vessel's outfit, etc 189 Vessels used in 187 Waste of life by 190,210 Peninsula of Alaska IH Period between 1802 and 1867 , . 68-70 Period between the treaties of 1824 and 1825 and the cession of Alaska 01-70 Pigott atfair 45-19 Podd i n g 105 of seals on killing grounds 103 Prayer for decision 301 Preservation of seal herd. {Si-e Protection of seal herd.) Pri bilof Islands 15, 89 Absence of harbors 18 Anchorage at 18 Animal life of 19 Climate 18, !K) Decrease as seen on 10(i Discovery of 23 Geogi'aphical sketch of 15-20 Home of the fur seal 91 Inhabitants of 20 Locatitm of 15 awl RUBJEC^T-INDEX OF CASE. 415 Friiti lot' lNliiii liritisli opinions of 2.57 Limited 263 Within a zone 258 Prohibition of seal killing iteinliii^ arbitration. (Sre Atodiin lirvmli of 18'J2.) Prohibition of use of tireariiis 256 Property interest in seal herd jnstilies indtectioii .S(M) Property of United States in A laskan seal herd 300, 302 Protection : By Argentine Kepiiblic, of fur-seals 229 By Australia, of in'ail lislieries 233 By Ceylon, of pearl tishenes L';!3 By Chile, of fur-seals 221) By France, of Algerian fMual fisberit's 235 By France, of tisheries 234 By Great Britain, of hair-seal 225 By Great Britain, of the seal 221 By Italy, of coral (isherii 235 By Japan, of fiir-s<'al8 229 By Mexico, of pearl lisbfiies 23fi By New Zealand, of fur-seals 222 By Norway, of- whales 236 By Panama, of pcnrl tislpiies 23« By Russia : Of fnrseals 229 Of hair-seals 228 By Uruguay, of fur-seals 229 ''it 4in SUBJECT-INDEX OF CASE. i'rotiM'tioii— Coiitiniieil. P»B» Gn-ai Hriliiin uiid I'liited Httiti'H «hoiil(l rtiiu'iir in iirotectiii); MpnU.... 302 NeceSMity of, for cowb 151 Nerc»Hitj of, for rchI life 21'I Of AluHktin lit- 1(1 : AiiH'iicttii finricrs on 215 Uritisli rfco^nition of iit'ud uf 23!) By cloM»' Ht'iiKon 2511 By prohiltitinR fireaniis 25(5 By proliil>itiouof|ii']ii^i(' Nciiliiipr, (;iilationH of 1869 for i;{3 Protection and preservation 218 Protests ugaiimt iikase of 1821 : Directed against assninption of jurisdiction over Paeitie Ocean If) Not directed against jurisdiction over iJeinig Sea 4;) {Sceaho Kkase of 1821.) PuP" U8 Mirth of j(y Hirth of, in water inipossible 102 Birth of, on kelp beds impossihle n^ Classitieation of <(<) Departure of, from islands Kj^j Dopeinlence of, on their mothers jOf; Destrnction of, by killing mothers 115 212 Inability to swim jiy Killing of, for food, proliibited I5I Learning to swim IQg Locomotion of, on Innd 105 Number of, at a birth II3 Podding of 105 Tameness of Hy Vitality of IO7 Weight of 99 Pups, dead: Do not die of epidemic 216 Died of starvation 21 IJ 215 Increase of 213 Inspected by British Bering Sea Commissioners 215 Number of, pricn- to 1884 212 2716 53 if :iii| !«!! 418 SUBJECT-INDEX OF CASE. Pups, (iHiid — f'ontiiinotl. Number of, in 1S91 On the rookeries _». '''line ofiippearance of Pup seals. (See Pups.) Qiiariiiitine act Qiicstioii of damages Questions submitted to arbitration .». Kaids: DilHcult to make Number of, on rookeries - . On rookeries, uot a cause of decreas« Katnianof Island KtMisou pregnant females are taken by pehijjic sealers. Kedri ving Mall' seals not injured by liegulations : Against use of firearms As to number killed For kinin;^ Protect inji breeding seals from molestation Of 1800 Only bacliflor seals killed on the islands HuHsiai.. ii- i.i> killing seals To l>e firaiMi-JK^d by the arbitrators. Ke|die.s of .-' It'll , iNtK. {See Proteetlon. ) iittfort of (UMigi'ivwioual eominittee. {Scr Alaska.) llHjwirr.' of jHiiir lunmission _ UJowiiKi ictioii. "•'' Coition.) ,< of iteiac! Hwuling .ui'i: of |iro«--naic Alaskan herd iiesiilts if AiimlniiBi iwmi is not protected llevf-niH-. (Sm- ""iiitMl Htates.) Kifl»- '**fle FiwaBtDB. ) Kigi -• Riii-Mttii iinerir.an Company, (iSrf JnniBdictiim over Bering Sea.) likMtWliiOK — Haiding L-rnTmrtr M;i-aaj>'etii iii !■ On Cjjie Uonn ^ On Knriie iHiundt;. ., On i^olxiH Islundtt . . . Raids on. (•S'ee Raid:. Ross, Fori iSf Jiiiuagemeut..) Pugn. 214 212 213 237 5 2 175 175 174 71 208 158 158 153 153 150 1.52 133 152 130 3 7,8^ 190 285 285 91 265 91 166 112 92 229 229 228 28 m % a.) Russian competition for Northwest (Joast 26 Russian management of rookeries 130 Russian method of taking seals, improvement over Ifil ;i*iii 'I M mM 420 SUBJECT- INDEX OP CASE. it- KiiHsiim soal luM'd: Page. D fiiisc of 21.'() I'lociiietioii hetwet'ii, iind Alaskan 91 llocH not luinjrlt? with Alaskan ht-ril 9(> Miffi'atidn iit". . . '. . .' 12it Winters in >y redrivinjf Male, .sufficient, preserved for breedinfjr piirjioscs Management of Manner of taking, on the '."da'ids Nursing females, destruction of, by pelagic sciiling Of Ticrra del Fuego Proteition of. (Sec Protection.) Sex of, can not be distinguished in the water Spied of, while swinnning Wounding of, by ])elagic sealing ., Seals, Antarctic. (Sei- Antarctic seals.) Seals, female — Eighty to ninety per cent of pelagic catch are Percentage of, ta ken by pelagic .sealers Seals lost by sinking Sciils of the Cinadaliipo Islands, a di)r<:rent species from Alaskiiii se;ils Seals, jir'gnant females, destruction of, by ]iclagic sealers Sealskii. industry Chinese markets ;^7 Dependence on Alaskan herd Growtli of In Great Britain Ill Great Britain, ca]>ital invested in In Great Britain, number of emi)loy cs in In the past, markets for In the past, sources of snitply for In the ]>resent, sources of 8up|)ly In the United States Investnunits in Loss i f herd destroyed Need of regular supply of skins for Nnm))er of persons employt'd in , Sealskins: Cost of dressing and dyeing Cost of mauiifarturing Improvement in method of treating Keuehiug 150 W llfi !t3 93 148 172 158 173 147 1.5.5 209 123 1!)7 Hit 191 198 197 194 129 207 2(i4 i;{0 2li.S 2(i7 271' 272 279 2t)(i 2(i4 2fi8 270 .;7."> 209 274 281 272 270 i(;;i ii;:; ''1 li- fe ii - ii.'i' ji Ii 4 422 SUBJECT-INDEX OP CASE. Si.'iilHkiiia— Continnod. Page. Number of, imported into United States 270 I'rici; i,. London market of 271 .SaltinK; the 163 Si'x of the aninnils can be told from 198 Seizures: EHV'cts of, on sealing fleet 184 Of vessels in Jlcriug Sea 82 Soj)arat<' reports of Commissioners 8 Sex of seals can not be diatin>;uisbed in the watur 197 Sbelikof, settled Kadiak Island 26 Shores of lU-rinj; Sea : Discovery of 20 0('Cii]>ation of 20 Wlieu lieeame Kussian territory 25 ShotfiuD. (See Firearms.) Sinking of seals killed by i)elafjic sealers 194 Sinkiuf);, use of ;;ntf to secure seals 194 Sitka, founding of 28 Skins. {Sfc Sealskins.) SlaujAliter of l«fiS 132 240,000 bachelors killed 133 Slan^liter (if seals prior to 1799 130 South Sea. {Se<' Pacific Ocean.) Spain : Treaty of 1790 between Great Britain and. (See Treaty of 1790 between (Jreat Britain and Spain.) Treaty of 1819 with United States. (See Treaty of 1819 between the United States and Spain.) Sjianish coiuitetition for Northwest Coast 29 Spanish explorations on Northwest Coast 30 Spear used by Indian hunting 189 Speculation: On s'liall .supply of skius 283 lVla<;ic sealing a 283 Speech of .Sumner 75,79 Speed in swiunuing 119 Statutes : Of Australia, protecting pearl fisheries 233 Of Canada. ]irotectiug hair-seals 225 Of Ceylon, protecting pearl fisheries 233 Of Falkland Islands, protecting fur-seals 221 Of l''ranc(,'. proti'cting fisheries 234 OC (leruiaii.s , protecting iKiir-seula 227 Of (ireat ltril;iiii, protecting hair-seals 227 Of Holland, protecting hair-seals 227 i mu SUBJECT-INDKX OF CASE. 423 Statutes — Coatiiined, j, Of Italy, .irotcctiug conil Hsheiies , 235 Of Mexico, luotcctiiig pearl fisheries 28() Of Newfoiintllaud, protecting hair-seals 21'.") Of New Zealand, jtrotectiiig fiir-seals 222 Of Norway, protecting whales 23(5 Of Panama, protecting pearl fisheries 2.!(> Of Russia, protecting hair-seals 227, 22X Of Sweden and Norway, protecting hair-f^cals 227 Of United States. (See Alaska.) Of Uruguay, protecting fur-.scals 229 Protecting game 2;}0 Protecting Irish Oystci- Heds 2;'2 Protecting Sea Fisheries 22!t Scotch Herring Fisliery Ac 2;i2 St. George Island _ 17 !)1 St. Helena act 237 St. Paul Island jO ;n Sumner, speech of 75 ■;■(( Swimming, speed of the seal while 11<( Territorial dispute. (See Dispute.) Tierra del Fuego, seals of j23 Time of departure. (See Departure from islands.) Trade, control of. (See T-uisdiction over Bering Sea.) Trading associations, rivalry hetween 34 Transfer of Spai ish claims to the United States 33 Treasury De])artni('iit. (See Executive). Treaty of Arbitration of 1892 j -7 Additional documents, etc ^ Documents and evidence Joint commission j Payment of award 5 Printed case of the United St ates i; Questions submitted 2 Regulations for protection of seals 3 Treaty of 1790 between (ireat lUitaiu and Spain 31 Served as basis for first articles of treaties of 1824 and 182.") .52 Treaty of 181K between tbe United States and (in at liritain 32 Treaty of 1819 between the United States and Spain 33 Treaty of 1824 between the United States and Russia 51-01 Coast thrown open to trade for ten years ,-,)s Did not throw open IJering Sea to I'roe tishing ."l-r)7, (il-70 First article based on treaty of 1790 l)etweeu (iieiit Mrit.iin and S|)Min.. 52 .Inrisdiction over Pacific Ocean r('lin(|iiisln'i' 18(i7 lietween tln^ United 8tate8 and Russia 70-78 Ceded part of Bering Sea 70,76 Conveyed Russia's riffhts over Alaskan seal lierd 72 Meaning of term "Alaska" in 80 Trea ty o f ( i he n t , 3^ Tribunal of arbitration: t^utstlons for 299 May sanction conduct of Unittwl States 301 May prescribe regulations 301 (if»roaching coasts within 100 miles 39 United States: Ac(]ulred Jurisdiction over easterly part of Bering Sea 70,76 Ac(inire(l Russia's rights as to Alaskan seal herd ,72, 76, 302 Action relative to Alaska since the cession. (See Alaska.) Cession of Alaska to 70 Claim of, before tln^ Tribunal 299 Conduct of, may be sanctioned by Tribunal of Arbitration 301 l)o not rest tln-ir citse altogether on Jurisdiction over Bering Sea 85 1 )uty ol', to protect seal herd 300 Modttn rireiKd of 1892 between (ireat Britain and. (See Modiix rivendi of 1892.) Vmtimtx of Bering Sea ceded to 70 ll 1 Mlij SUB.IECT-IWDEX OF CASE. 425 ITtiited StHtoN— (iiiidiinerl. I'rticliiniatioii oC J'rt'sidcnt of I'roix'ity of, in seal lu'nl Proti'st hy, iijr iiist iikiise. (See Protests). Piirchiiaed Alaska cliic'lly on account of fur iiidnsdy Recoj;ni/e(l that ton years tradiiy-- ))rivilc<;e liail cxjiircd Report of Congressional coniniitteH on motives for jiurctiasc of Alaska Revenue received by, from fur-seals Right of control over seal herd niniuestioned Ri^ht of. to iiroteot Alaskan herd Rights of Russia ](assi'd to 7.) Trade of, on Northwest t'oast Treaty of Arliitration of 1«!)2 between (Jrcat Uritain and. (Sec Treaty of Arbitration of 1S1I2.) Treaty of 18IS between (ireat Mritain anil Treaty of 181!t betwi'cn Spa in and Treaty of 1824 between Russia and. (See Treaty of 1821 between the United States and K'nssia.) Treaty of 1867 between Russia and. (See Treaty of 1807 between tlic I'nitcd States and Russia.) Truste*! of Alaskan herd (See also .Jurisdiction over Bering Sea.) United States Hering Sea Commissioners. (.S'ec American I! .riugSeaCommis. sioners. ) United States courts, decisions of. (See Alaska). Value of fur-seals, fur-seal industry, etc.(.SV/' Furs ; Fur-seals ; United States.) Vegetation of I'ribilof Islands Vessels : Course in Bering Sea ()f ScluKUUM' Ada Schooner A If red Adams Schooner Ainiie Schooner Ellen First used in pelagic scaling Seized by U. S. Revenue (utter Vitalii;y: Of )ulls Of ])ups Wages of emidoyt^s in British sealskin industry Walrus Island, sketch of AVaste of life by (xdagic sealing Waters fre(inenled by sea-otters and fur-seals, not to be cruise. I in Waters granted to Russian American Comii.iny-— Plan for ])atrolling, in 1854 Protection of , . L>716 .U 8;^ i(X), •MY.) 7t .")8, .-)!» 75 77 2!)8 aoo 7(> H()2 .50.51 32 33 300 20 259 259 2,59 259 187 81 112 107 279 18 190 47 ti4-66 fil-70 'V. ill. ,1 ill ■:', ^^^,:i 426 SUBJECT-INDEX OF CASE. Waters granted to the Ruhhihii AiniTican CompaHy— Continned. Page. To hi' visited coiistiintly iiiid in all parts 63 Drivingof intruders from '»^» 61-70 (See o/«o Jurisdiction over Horing Scii.) Waters of Bering Sea. (-Sec Bering Sea; Jurisdiction over Bering Sea.) Weight: Of hulls ^";^ Of cows ^^- Ofpups ^^ Whale fisheries. (SfC Fisheries.) Whalers, watched and warned by eruiserH (53, 6.">, (57 White hunters. (5cf Pelagic seale s.) Wliite Sea regulations, protecting hair-seals 228 Wounriii:in coast 331 Estimates of numbers exaggerated 3;{;i Food of 3!t3 Natural condition of ICil Natural eneuiies of 3!)1 Time, remain on the islands 31t2 Ameri(>an Commi.ssioDers : A|)pointment of 311 Kcport of nil Sources of information of 33ii Appendices: A. Seals sink when killed in the water 381 B. Dates of arrival of fur-seals at I'ribilof Islands, 1871-l«i>l 3X.5 C. Pups born on lanil or ice can not live or nurse in water 387 D. Natural enemies 3<)l E. Food of the fur-seal 393 Appointment of Hering Sea Commissioners 311 Bachelors : Arrival of 32.') Departure of 32,5 Fertili/ation of young cows by 328 I$aden-Powcll, Sir George, opinion of 3(59 Battles on the rookeries 349 Bering Sea Commission, arraugenieut as to meetings 314 Bering Sea, season of sealing in 3C5 Bering Sea Commission : Conduct of investigation by 313 427 li i '1 428 SlinJECT-INDEX OP REPOfiTS. Uoriiifr S(Mi CoiniiiiHNioii — ('i)iitiiinu(l. Piiu«. DiHii^rt'ciiiont uh to iipplication of Artirlo ix 'MH DiMUKriM'iiu'iit of 31(1 Foiiiiiil a|>|ioiiitiiH'iit of 314 Meetings of 31") Mfetiiifis of, held witlioiit foriuiil rc<'<»i'ils 31") Necessity of sepiiriile report 318 Object of 311' Proceed to lieriiig Sen 313 Reports of 30") Rt.tiiniof 314 Sources of inforinatioii of 3(W, 313 Visit rookeries 333 Birthrate 3lt) Expliuiatioii of (liagraiiiB of 3">:i How, may 1)C lessened 34t( Interference w'.tli, injurious 348 Not iitl'ected by killing certain number of males .34!) On wliat, dejtends 351 Birth. (Setl'nps,) British Commissioners, apjiointment of 311 Bulls: Age at which, go on breeding grounds 328 Arrival of, at islands 32'i, 38.") Battling of 32") Comparative si/.c of cows and 327 Copulation 327 No lack of . - ., 349 Catch of sealing vessels 3G.5 Table of 3(11) Causes of decrease. (.SV« Decrease.) Clo.se season 376 C. M. Lainpson & Co.. letter of 3t)7 M\ist practically prohibit 37G Coition. (.S'tr Bulls.) Conimauder fur-seals: DiH'erencc between Alaskan fur-seals and 324 Do not intermingle with Alaskan 323 Commissioners. (See American Commissioners and iiritisli Commissioners.) Conclusion as to food and feeding 396 Conclusions of American Connuissioners 379 Condition of rookeries. (.Sec Rookeries.) Copulation. (Sec Hulls) 327 Cows : Age of puberty in 328 Arrival of, at islands 325. 385 SUBJF.rT-INDEX OF REPORTS. 429 Cows — Continnod. ^ Viw- ClllHSOH of H."> 1 Coiii)iui'uti v<' size of hulls :uiil ;{'_'" De<'rt!iiN<' i8 iiinoiiK 'Ml DoMti'iKitioii of, li,v i)cl;ii;ic Mealing 3(n EflfcctH on iiiiile life of (IcrrciiHc of Hit Fecililifi exctirsioilH liy '.I'Ji) Fertilization of yonn j; 328 NurNing, (lestroyi'd l>y jn'lanic sciilinji H(!5 Out' rt'asou, aro killed liy |iflaj;ic sciilcrs '.\'>H Pcr('«ntaj;c of, in catfli of stialinj; vchscIs 3t)7 Suckle their own iiii|)s 32fi Tb« harem H27 Death rate 310 Ex|iliniation of diajiranis of 3r>2 Man (locM not neceHsarily increase 348 Decrease : Caused by killing of cows 351 Caused by man 31"> Cause of, mistaken for eti'eet 342 Great, ill last few years- 334 In cows dillicnlt to notice 341 Is in female portion of herd 341 Native testimony as to .334 Not caused by lack of nuile life 3 lit Of cows, etfei't of, on male lil'e 31 1 Of Heal herd alHrnuirt in joint rei)ort 3()!t Of seals has taken jdace ;{"<) On Northeast Point Rookery ',VXi Pelagic sealing, cause of ;il,5, ;i7;t Rookeries att^'ord evidence of ;i;i!», :i|() Shown by daily killing ;i|:i Shown by ditliculty to obtain (piota 338 Shown by ditliculty to obtain (]Uota in 1SS7 312 Shown by diminished size of 344 Undisputed 33K Why, of cows not noticed 344 Diagrams : Conclusions from 358 Etfects shown by 359 Ex])lanation of 352 Driving. (See Management.) Enemies, natural, of fur-seal 391 Evidence taken by Connuissioners 333 Extermination innninent 377 Feeding, conclusions as to 3i)G (See also Cows.) 'I I l\ h <^ /a °% \> ^<^?^^>- /> o rw M IMAGE EVALUATION TEST TARGET (MT-S) 1.0 ■a lU |2.2 14. Ui.. I.I 1.4 1.6 1.25 Hiotographic Sciences Corporation •O^ \ ^ 2iV N> ^ Q^ 1^ 23 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716) 872-4503 ^ ^ Mis 480 SUBJECT-INDEX OF REPORTS. FDod: p,ge. ConcluRion as to 396 Exitminution mutlo at Washiiiston, T). C 394 Examination made on Priliilof iHlauils 393 Found in stouiuclm 393 Fer.mlc seals. (See Cows.) Flowor,Prof. Vi' A 377 Flower, Professor, on seals 320 Food 329,393 Fur-seals 321 HeringSea 319 Class of, killed 360 Distinction between hair-senls and 320 Females: (See Cows.) Food of 329 Homes of the 322 Killin}r of, in the water. {See Pelagic sealing.) Life history of 322 Migrations of - 323 Reasons Pribilof Islands are homes of 330 (See Alaskan fur-seals.) Gaff, the 363 Grass zones, o viileuce of decrease 339 Han in 327 Diminished size of 344 Hair-seals, distinction between fur-seals and 320 Hunters. (See Pelagic sealing.) Indiiin hunters. (See Pelagic sealing.) Investigation by Bering ^ea Commission 313 Joint Report 307 Killer-whales 391 Killing: Of iiups for food 361 Po8sil)ility of restricting 360 Regulation of 348 London Trade Sales 369 Male seals, classes of 351 Management 362 Criticisms of manner of driving 361 Driving 360 Mule seals not injured by driving 362 Recommendation as to .- 378 Mannuals, division of 319 Meetings. (See Mering Sea Commission.) Migration : Course of, northward 324 SUBJECT-INDKX OP REPORTS. 431 Migration — Continued. Tage. Extent of 324 Length of time of 3;i0 Migration of fnr-seals 323 Northeast Point Relagic sealing 378 Regulation of killing »t8 Report, joint 307,318 AfflrniH tleerease of seal herd 309 AtfirniH dnty to protect seal herd 309 Conclusions reached in 309 I >iiference8 of opinion nuike further, impossible 309 Report of American Coumiissiouers, divisions of 331 ReportK of Mering Sea Commission 305 Reports, separate, necessity of 318 Ro]tort of Treasury Ag(uit Goft" 343 Report of United iStafcs Bering Sea Commissioners. (See Report of American Commissioners) i- 311 Rookeries: Dead pups on'i^^ !'. 3ffi ^^yidene^ of decrease afforded by 339 I'rosebt condition of 332 Raids on 378 Russian seal herd. (See Commander fur-seals.) Seal killing at sea. (See Pelagic sealing). Sealing on land compared with pelagic sealing 372 Sealing vessels, catch of 365 Seals. (See Fur-seals and hair-seals.) Sealskins, London sale of 369 Sinking: Of Antarctic fur-seals 382 Of fur-seals :«! Of hair-seals 381,:tt2 Of seals when killed in the water 381 Reason for, of seals 383 Sources of information of Bering Sea Commissioa *. 308 Testimony taken by Commission, extracts from 336 Treaty : Application of 316 wmm SUBJECT- INDEX OF UEPOUTS. 433 Treaty— Coiitinni'd. p Article IX of 3lg Difl'ereiitly interpretinl by Ainuricaii ami niitisb 317 Results of upplication of 317 Treaty, provisiuus of 307 Waste of life. (S«;# Pelagic sonliiig.) Witnesses before CouiuiisHiou 3;);j Witnesses exa uiined 335 Worn rocks, evidence of decioase 3;{y Wonmling of seals by pelagic soaliug 370 Zone of prohibition : Impossible to liiin tain 37(j Inade(iuate jjy I 2710 55 1! ^^Ujci T