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Un des symboles suivants apparaitra sur la derniire image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE ", le symbole V signifie "FIN ". Les cartes, planches, tableaux, etc., peuvent dtre film^s i des taux de reduction diff^rents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est filmA A partir de Tangle supirieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la m^thode. 1 2 3 1 5 6 l.*^^ THE 0-A.se ov The United States BKFOUB THI-; TRIBOHAL OF ARBITRATION CONVENED AT PARIS UNDKIt THE PROVISIONS OF THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN, CONCLUDED FEBRUARY 20, 1892. INCLUDING THE REPORTS OF THE BERING SEA COMMISSION. Presented to both Houses of Parliament hij Command of Her Majesti/. March 1893. LONDON: PRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY HARBISON AND SONS, ST. MARTIN'S LANE, PRINTEUS IN ORDINAHr TO HEtt MAJESTY. And to bp purclmsod, eitlier directly or through any Bookseller, from EVnE AND SPOTTISWOODE, Kast Haudino Stkket/flebt Stueet, E.f., avd d2, AiiiNGiJON Stueet, Wbst.mixstbb, S.W.; ou .lOHN MENZIES & Co., 12. Haxovek Stueet, Edimilugh- axi> SO, West Nii,b Street, Glasgow ; ou HODGES, FIGGIS, & Co., Liiiitkd, 104, Grafton Street, DiBLiy. :,.' *: UNITED STATES. No. 6 (1893). BEHRING SEA ARBITRATION. i j( \c<\^<] « • , i r - r • r -.-. <- ■■ * 4 >. 1 -. -: , - "r 1 T M Pi 1) F Jc K. ^1 * ' ". *■ i r ^' 'i . •, :' '■-'-. ''/■■■:--'"'.'' s~_' - _. *._ .. .- , . - . . • ,,'"'*^. ■'■ ^ ' G • f • '• . ■ ; " "" .. r;:: jj ' f r TABLE OF CONTENTS. iirrBODTrcTiON. Tebatt OS Akbitkation of 1892: First five urticles Questions gubniitted Regulations for protection of seals .., Question of fact may be submitted ilforfw* ru'eijrfi of 1802 Question of damages Printed Case of (ho United States Division of Case Further provision of treaty Joint Commission (o investigate seal-life Reports of Commissioners Ajipendis Page. 1 2 3 4 4 5 6 (i 7 7 8 8 . ■ PART FIRST. -.w^. the cession of alaska to the united States in 1867 : Russia continues to exercise control over Bering Sea Third charter of company High value placed by company upon fur-seal industry Waters frequented by fur-seals patrolled by armed cruifcrs '' Further instructions as to cruising , . Proclamation of 1864 as to trade in Russian territory and waters "■ Whaling company prohibited from visiting waters frequented by fur-seals .... Period from 1862 to 1867 Conclusions from foregoing review Cession of Alaska to the United States btthb Tbeaty of 1867 : Russia ceded to the United States a portion of Bering Sea. No objection made Boundaries of territory ceded Cession unencumbered Russia's rights over sealfishcries passed to United States Review of jurisdiction exercised by Russia and her motives therefor Value of furs taken prior to cession Their value well known to American negotiators, and the chief inducement for purchase of Alaska 'age. i 41 ¥^ fM 42 p. ^' 43 4t k hi k 45 47 !)■'' 48 k 49 61 52 53 54 5r. 57 58 59 61 61 62 63 67 67 68 68 69 70 70 72 72 72 73 74 VI CONTKNTS. Cession ov Aiahka to the United States, etc.— Contimioil. Report of Congrcssioniil committee fiipon motives for puivhtui', and rights thereby understood to linvo been iiciiuired Revenue received by the United States from fur industry acquired from Russia .... .... ■ ••• Action op the United States relative to Alaska since the cession: Riglits opquired from Russia illustrated by subsequent action of United Btatcs Action of Congress Action of the executive Revenue cutters sent to Bering Sea to protect fur-seal life Vessels seized in 1886 and 1887 Congress ratifies action of Executive President's proolamotion Vessels seized in 1889 The Modus Vivendi Action of United States courts Summary .... .•.. The United States do not rest their cose altogether upon jurisdiction over Bering Sea Foge. 75 77 78 78 80 81 81 82 83 83 83 84 84 85 PAST SECOND. BELATINO to the habits, PHESEBVATION, and value of the ALASKAN SEAl HERD, AND TO THE PROPEETY OF THE UNITED STATES THEEEIN. Habits op the Alaskan seal : The Pribilof Islands Climate Home of the fur-seal St. Paul and St. George " Breeding grounds " " Hauling grounds " Census of seal life impossible .... .... Determination of increase or decrease of seals ... The Alaskan seal herd Distinction between Alaskan herd and Russian herds Docs not mingle with Russian herd Classification • The pups Birth Inability to swim Aquatic birth impossible Birth on kelp beds impossible Podding 89 00 91 91 91 92 93 93 94 94 96 98 98 98 99 102 104 105 -^v^ rONTKNTR. vri Page. 73 77 78 78 80 81 81 llADiTrt OF Till! AiASKAN SKAL -Continued. Locomotion on hind Learning to swim Dopartui'o from isliinds Dependence upon its iiiotlicr .... Vitality Thehiilh Arrival at islands Arrii al of the cows Organization of the harems Powers of fertilization Coition Fasting Disorganization of the rookerict Departure from islands Vitality The Cows Ago llarem life Number of jmps at birth Nourishes only her own pup .... Death of cow causes death of pup Feeding Food Feeding excursions Speed in swimming .... Departure from islands The bachelors Arrival at the islands The killable class Feeding Mingling with the cows Departure from islands ' Migration of the herd ' Causes .... ' The course '•' Manner of traveling Herd does not land except on Pribilof Islands Herd does not enter inland waters The Russian herd Management op the seal kookkbibs: Russian mauai/ement The slaughter of iS6S American manageinent .... The lease of 1870 ^' ' Terms of lease Page. lor. \m \m ](Ni J 07 107 108 108 109 KJO 110 111 iia 112 112 112 113 iia 113 114 lis 115 116 116 119 119 120 120 120. 121 122 122 122 123 124 125 126 127 129 130 132 133 134 135 VlII CONTENI'S. Maxaoemkvt of tub seat, nooBKUiES -Continued. Aincndnii'iil of 1H74 Ilivoatigntioii of lH7fl Iiiviwtigiition of IKas , MctliixlH of nmnnf;enu'nt. ... I'lilic't'iiHcd working impmctieiiblo Working by (lovornnuMil inipriictioiiblo Workings of tlie loueo of 1H70 .... Condition of l/ie nnlii'e.i .... .... V Under the Riissinn Compnny t Under American control ' Improvement Oovernmont iigent Lease of ]H9() Comparison of lenses f 1 TA' neah Control and domesticntiou '. Regulation.*! for killing I'rotection of femnlort . ' Tlie killnblo class S ' Disturbance of breeding seals .... ." . Number killed ■ • Manner of taking «•' Driving .... i'r Overdriving and red 'iving f" ' Improvement over I'lUssiun methods of taking Killing Salting and keneliing . .. .... Improvement in treating tlio skinn Increase .... .... .... •.. Decrkase of the Alaskas seal hehd: JEvidence of decremt ... Period of stagnation On Pribilof Islands Evidence .... ■ ■. Along the coast .... Cause Lack of male life not the cause Raids on rookeries not the cause . Management of rookeries not the cause Excessive killing the admitted cause Pelagic sealing the sole cause Opinions r>- . American Commissioners .... ^.i; . Dr. Allen ^f'-- Experts Phrp. IH(t 13(1 137 137 1»H I3H 13U 14U 141 142 143 . 145 ' 145 146 147 147 150 15() 152 152 153 155 165 158 161 163 163 163 104 105 165 106 169 169 172 172 174 176 176 , 176 177 . 177 177 . 177 CONTENTS. IX DfHEVtE OP THB Ar.AiKAH 8KAI. HERD— Coilliliued. Page. Tiuliiin liiiiitor.t 179 Wlute settlors 181 Inoreiiso of Healing flopf ]8!J Comparison of scaling lleot and decrcuso 18H I'Rr.AaiC HRALINU : Iliitorn 187 Scaling by coost Indians 187 Vessels used 187 Introduetion of flrcarms 188 Method 189 Vessels, oiitQt, etc. 189 Indian hunters 189 White hunters 190 Kenulfn 190 Wf.ste of life 190 Wounding 191 ■Sinking 191, , IVrcentngc lost of those killed .... 195 Destruction of female seals 190 Testimony of P itisli furriers 198 : Other Bill i; .1 t.stimony 200 Canadian testimony 201 Tt timony of American furriers 202 Examination of pelagic catch of 1892 203 }«• Testimony of pelagic sealers 205 ( Examination of catch of vessels seized .'206 «.' Destruction of pregnant females 207 i SQason pregnant females are taken 208 (^ Destruction of nursing females 209 Dead pups on the rookerie.^ 212 ,1 No dead pups prior to 1834 212 ; Time of appearance of dead pups 213 Number of dead pups in 1891 214 Cause of death of pups 21.-J Effects of pelagic sealing 216 PnOTBCTION AND PBE8KBVATI0S ; Other seal herds 218 ( ■ Destruction of 218 .;■• The Russian herd 220 British protection of the seal 221 i Falkland Islands 221 New Zealand 222 ! Cape of Good Hope 224 1 British protection of hair-seal 225 1 Newfoundland regulations 225 X COXTENTS. Protection and pbeskhvation— Continucil. Jan Mayen regulations Conourrenco of nations White Sea regulations Caspian Sea regulations Fur-seal protection by other nations .... Lobos Islands Cape Horn Kurile Islands Commander and Uobben Islands Fisheries .... Game laws Extraterritorial jurisdiction Irish oyster beds Scotch herring fisheries act Pearl fisheries of Ceylon Pearl fisheries of Austmlio French legislation Italian legislation Norwegian legislation Panama legislation Mexican legislation Other cases of extraterritorial jurisdiction Alaskan herd Unprotected condition Necessity of its protection The Joint Commission British recognition Opinions of naturalists Professor Huxley Dr. Sclater Dr. Merriam's circular letter Dr. Blanchard Dr. Giglioli Professors Nordenskiold and Lilljeborg Other naturalists Dr. Allen Canadian recognition Opinions of London furriers Opinions of French furriers Opinions of American furriers Opinions of pelagic scalers Opinions of Indian hunters Opinions of other witnesses Conclusions Means necessary Page. 227 5:27 228 228 228 229 220 229 229 229 230 231 232 232 233 233 234 235 236 236 236 237 237 237 238 239 2S9 240 240 240 240 241 241 241 242 242 242 243 214 245 246 247 248 249 250 Page. 227 227 228 228 228 229 220 229 229 229 230 231 232 232 233 233 234 235 236 236 236 237 237 237 238 239 2S9 240 240 240 240 241 241 241 242 242 242 243 214 245 246 247 248 249 250 CONTKNTS. PrOTKCTION and PEKSKBVATION--ContilU10(l. Absolute prohibition ot pelagic scaling Limited prohibition of pelagic sealing .' A close season A close season impracticable Prohibition of use of firearms Prohibition of pelagic sealing in Bering Sea Prohibition of pelagic sealing within a zone Course of sealing vessels .. Fogs in Bering Sea Absolute prohibition of pelagic sealing necessary The sealskin indubtrx : In the past Sources of supply Markets In the present , Sources of supply Dependence on Alaskan herd .... Loss if herd destroyed Loss to United Stales Loss to Great Britain ,^ ^ Loss to France j_/^" Loss to the world .^^^ ^' ■ Need of regular supply of skins Investments .... Canadian inTestments in 1890.... Contrast between British and Canadian investments in 1890 Canadian investments in 1891 ^ Contrast between British and Canadian investments in 1891 Employes in Canada and London Value to Canada and the United States Employes in Canada and the United States Contrast between French and Canadian investments Employes in Canada and in other countries ... , Canadian investment questionable Pelagic sealing, a speculation .... Speculating on small supply of skins Occupations of vessel owners" .... Results of protecting seal herd Results if seal herd not protected Claiu of the United States foe damages : Article V of renewal of Modus Vivendi Classification of damages Oovtrnment claims d-ovemment and lessees Basis of computation of damages to Government. ' XT Page. 251 253 253 254 256 256 258 258 261 261 264 264 266 267 268 268 269 269 272 273 274 274 275 275 277 277 278 278 279 280 281 281 281 282 283 284 285 285 286 286 287 288 288 ,m CONTENTS. CtAIM OF THE UxiTBD StATBS FOB DAMAGES— Coiltinue.l. Tfip lessem' claim Basis of computation of lessees' damages , . Determination of possible cnteli J,:' Opinion of Sir George Baden-Powell Page. 289 289 290 200 CONCLXTSION, Charaeteristics of the Alnskan herd Increase Decrease Pelagic sealing Bussian control of Bering Sea Bering Sea not Pacific Ocean United States control Acquiescence of Great Britain Bights of control unquestioned Investment contrasted Questions for Tribunal Must United States submit to destruction of herd Should not international regulations be made Claim of Unit«d States Property in and right lo protect Such interest as justifies protection As trustee, right and duty to protect Pelagic sealing must be prohibited Argument deferred Tribunal may sanction conduct of United States Tribunal may prescribe regulations " Prayer for decision Russia exercised eielusive right in Bering Sea Great Britain assented Bering Sea not Pacific Oceiui Rights of Russia passed to United States Damages Great Britain and United States should concur in regulations 295 296 296 297 297 297 297 298 298 298 299 299 299 299 300 300 300 301 301 301 301 301 301 302 302 302 303 303 BEPOBTS OF BEBINO SEA COMMISSION. Joint Rbpoht: ' Provisions of treaty Report Sources of information .... 307 308 308 Page. 289 289 200 290 295 296 296 297 297 297 297 298 298 298 299 299 299 299 300 300 300 301 301 301 301 301 301 302 302 302 303 303 '.^l' 307 308 308 CONTENTS. Joint Bepobt — Continued. Meetings of Commission Duty to protect seal herd '■ ' Conclusions reached Decrease of seal herd Further joint report impossible Eefobt of the United States Bering Sea Commissionebs ; Appointment Appointment of British Commissioners Object of Commission .... ". Provisions of agreement Conduct of investigation Proceed to Bering Sea Joint investigations .... .... .... .... Sources of information Return Formal appointment Arrangement as to meetings of Joint Commission .... Meetings of Joint Commission .... Meetings held witliout formal records Meetings continued Disagreement Article IX of treaty Application of Article IX Result of such application Article IX interpreted by British Commissioners Disagreement as to application Report of Joint Commission .... Necessity of separate report The Bering Sea fur-neal Divisions of mammals Professor Flower Distinction between fur-seals and hair-seals Fur-seals Principal facts in the life history of the fur-seal .... Homes of the fur-seal Southword migration .... Pribilof and Commander herds do not mingle Difference of j)elago of Alaskan and Russian fur-seals Extent of migration Course of northward migration Arrival of breeding males at island Battles on the rookeries Arrival and departure of baclielor seals Arrival of cows .... Birth of the Toiuig XIII Page. .... 308 .... 309 ... 309 .... 309 309-310 .... 311 311-312 .... 312 .... 312 .... 313 .... 313 .... 313 313-314 .... 314 ... 314 314-315 .... 315 315-316 .... 316 .... 316 .... 316 316 317 ... 317 317-318 .... 318 .... 318 318-319 .... 319 .... 319 .... 320 320-321 321-323 ... 322 322-323 .... 323 323-324 .... 324 .... 324 .... 324 .... 325 .... 325 .... 325 325-326 .... 320 XIV CONTENTS. Bbpokt of xhe United States Beeing Sea CoMMtssiONKHS— Continued. Number of pups at birth **.: Dependence of pup upon its motliei- Cow suckles her own pup only "Podding" "' Aquatic birth impossible ■' ■' Comparative size of bull and cow . The harem Copulation Fertilization of young cows .... Age of puberty in cows Age at which males go in breeding grounds Feeding excursions Food ' '^,1 "" Departure from islands Time fur-seals remain on islands Length of time of migration .... Accidental births on coast Reasons that Pribilof Islands are the home of the fur-seal Alaskan fur-seals do not breed on coast of California SubdiTuions of report Conditions .... Present condition Sources of information Estimates of number of seals cxagj^oratcd (1) Evidence of eyewitnesses Decrease on Northeast Point rookery Visit of Commissioners Native testimony as to decrease The great decrease Extracts from testimony taken Difficulty of lessees to obtain quota Undisputed increase (2) Intrinsic evidence afforded by the rookeries themselves The yellow-giass zone Worn rocks Bunch-grass zone Comparative size of areas Decrease shown by rookeries .... Decrease is in female portion of herd Difficult to notice decrease in females Difficulty in obtaining quota after 1887 Mistaking effect for cause Decrease shown by daily killing Report, of Treasuiy Agent Qoff Pago, .... 326 .... 326 326-327 .... 327 .... 327 .... 327 .... 327 327-328 .... 329 .... 329 328-329 .... 329 .... 329 .... 329 .... 829 .... 330 .... 330 330-331 .... 331 . . 331 .... 332 . .. 382 .... 332 332-333 .... 333 .... 333 333-384 . . 334 334-335 335-338 .... 338 338-.339 .... 339 .... 339 339-340 .... 340 .... 340 340-341 .... 341 .... 341 .... 342 31.2-343 .... 343 .... 343 CONTKNTS. XV Pago. ... 326 ... 326 326-327 .. 327 .. 327 .. 327 .. 327 327-328 .. 329 .. 329 328-329 .. 329 329 329 .. 329 330 .. 330 J30-331 . 331 331 . 332 332 . 332 J32-333 . 333 . 333 133-384 334 134-335 135-338 338 138-339 339 339 139-340 340 340 140-341 341 341 342 t2-343 343 343 Repobt of the U.vited States Bering Sba Commissionebs— Continued. . .. Why decrease of females was not noticed Diminished size of harems Effect of decrease of females on male life Causen Where decrease of seals should be souglit Cause, pelagic scaling Seasons for opinion 1 Decrease caused by man Condition of herd untouched by man 1 ■» Birth rate and death rate Man does not necessarily increase death rate J Regulation of killing Interference with birth rate injurious 1 Effect of a single young a year : s. How birthrate may be lessened Killing a certain number of males will not affect birth rate • ► Battles on rookeries show no lack of males j - Testimony as to no lack of males ; Decrease caused by killing females .... •j Natural condition of herd Classos of females Classes of males , ■ On what birthrate depends £!xplanation of diagrams J', One reason females are killed by pelagic sealers fV Conclusions from diagrams v;^ . Effects shown by diagrams ... .... '. Possibility of restriction rr Class of seals killed ' ,)t. Driving i^f Killing pups for food Criticisms on manner of driving Male seals not injured by driving Mena^ment .... Seal Jciiling at Ma or pelagic sealing i Vessels and crew Manner of hunting The gaff I- J- ,,.,; Page. 344 844 344 345 345 345 345 345 345 ..346-347 348 348 348 .348-349 349 349 .349-350 ..350-351 351 351 351 351 .351-352 .352-358 358 .358-359 359 360 360 ..360-361 361 361 362 362 363 363 363 363 .363-364 364 364 364 365 365 XVI CONTENTS. Befokt of the TJkiteu Statkb Bebino Sea Coumusionebs— Continued. Bering Sea Bealiiig season Catch of sealing TeEsels Indiscriminate killing I'lC Percentage of females in catch '"' '• Letter of C. M. Lampson & Co ' '• Opinion of Sir George Baden-Powell ' • 'The London Trade Sales Waste of life ... Great numbers wounded Percentage of seals lost Growth of pelagic sealing Comimrison of scaling on land and at sea Decrease of herd caused by pelagic sealing .... ' Prohibition of pelagic scaling necessary ■' ' Limited protection inadequate f ■ A zone of prohibition inadequate '.' ' ' Discrimination by pelagic sealers impossible '' Impossible tt' niaintuin a zone ■ '• A close season .... • But it must practically prohibit Other remedies of no avail Prof. W. H. Flower Progress of exterminotion Rnids on the rookeries... .... .... Comparison of raids i.nd pelagic sealing Beconimendation as to mnnngement of islands Summari/ .... Conclunions Seals have decreased .... Deci-case caused by pelagic sealing .... Suppress pologic scaling .... .... Api'JiNDIX A: Seah sink irheii killed in iraler .... .... ... .... .... ■ .... Hair-seals .... .... .... .... Fur-seals Hair-seals • Antarctic fur-seals Hair-seals .... Beason seals sink .... Appendix B : Dates ofarrimh offtir-seal at Pribilof Islands 1872-1891 .... •■•..». ' ' First arrival of bulls, co>>r, and pups at St. Paul Island, Bering 1872-1891, incl\i8ivc (from the ofltcial record) First arrival of bulls, cows, and pups at St. George Irland, Bering 1871 1891, inclu«ivc (from the official record) Page ... 365 365 36,1 367 ...367 368 ■ •> 369 ,, 369 ...369 370 370 ...370 371 ...371 372 ...372 373 ...373 374 .•. 374. • .* 374 .374 375 375 376 370 *.* 376 ...370 377 377 ...377 378 378 378 ...378 379 379 379 379 379 380 ;;.si 381 ...38; 332 382 382 ...382 3?3 383 Sea, Sea, 385 385 3HC Al Al COXTENT.S XVII AlTENDlX C: Voimf/ .leah are born on land or ice ; do ml xwim aljlrst, and can fhe wafer .... All scnls born on land or ice Nursing inijiossiblo in water Young seals dread (lie miler AlTENDIX D : Natural enei„ie/> The killer-whalo '"' "" '^^l_ ArPKNnix E : Food of tke fur-seal Contents of stomachs of fur-seal tilled at the Pribilof Islands Examination made oa Pribilof Islands Contents of stomaclis Contents of stomachs of fur-seals killed in the North Pacific Ocean Examination made at Washington, D. C Contents of stomachs Conclusion os to food and feeding . rage. not nurse in 387 387 387 ...387-389 391 391 301 391 393 ..393-394 394 394 395 3rG t , il'l [315] yr \ ri''Vry 11 f^ i ,!.•: i.'.i.Hi ; Case of the United States. INTRODUCTION. The United States of America and Great . Trcuiy of Aibiim- Britain entered into a Treaty on February 29, '^'°" "' ^^^'^' 1892, " to provide for an amicable settlement of the questions which have arisen between their respective Governments concerniyg the jurisdic- tional rights of the United States in the waters of Behring's Sea, and concerning also the preserva- tion of the fur-seal in, or habitually resorting to, the said sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seal in, or habitually resorting to, the said waters " ; and they resolved, by the Treaty, -'to submit to arbitration the questions involved." The first five articles of the Treaty, which is Fint five nrtk-Jc*. published in full in the Appendix,^ relate to the organization of the Tribunal of Arbitration and to the preparation and presentation to the Tribunal ^ ofthe Cases of the respective Governments. The articles which embrace a statement of the ques- tions submitted to arbitration are as follows: [315] ' Vol. I, p. 1. V, i S B 2 2 TNTBODtTTTON. Article VI. Questions sub- «« In deciding the matters submitted to the Arbitrators, it is agreed that the following five points shall be 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 Behring's Sea, and what exclusive rights in the seal fisheries therein, did llussia assert and exercise prior and. up to the time of the cession of Alaska to the United States ? " 2. How far w ire these claims of jurisdiction as to the seal fisheries recognized and conceded •by Great Britain ? . . . " 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 between Great Britain and Eusfiia ; and what rights, if anj', in the Behring's Sea were held and exclusively exercised by Russia after said Treaty ? " 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 Eussia of the 30th March', 1867, pass unimpaired to the United States under that Treaty ? . ' "5. Has the United States aiivrloht*. "and Vf [gUJ INTRODUCnON. ;3 so, what ncrlit of protection or property in the QiKstions sub- Jur-seals trequentnig the islauds of the United States in Behring's Sea when such seals are found .,. ■ ;, outside the ordinary three-mile limit r* " .. '"' ' Ahticlk VII. ■ ••": !'4 ; i' " If the determination of the foregoing ques- HoRuiutions for ,. i ii. 1 • ••!•,. n 1 TT . ■• l"""l'««''u>» of seals. 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 Eegulations for the proper protection and preservation of the fur- seal in, or habitually resorting to, the Behring's 3ea, the Arbitrators shall then determine what concurrent Eegulations outside the jurisdictional limits of the respective Governments are neces- sary, and over what waters such Eegulations should extend; and to. aid them in that deter- "'.'-yi' mination the report of a Joint Commission to be appointed by the respective Governments shall be laid before them, with such other evidence as either Government may submit. , " The High Contracting Parties furthermore agree to cooperate in securing the adhesion of other Powers to such Eegulations." m^ A-niiA INTRODUITION. QiioHtion iif fiii't m \y bo Bubnittlod. Modus Vivendi of 18!)2. Article VIII. "The Higli Contractin{» Pnrties having; fouiul themselves unable to agree upon a reference which shall include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it; and being solicitous that this subordinate question should not interrupt or longer delay the submission and deteimination of the main questions, do agree that either may submit to the Arbitrators any question of fact involved in said claims and ask for a finding thereon, the question of the liability of either Government upon the facts found to be the subject of further negotiation." On April 18, 1892, the Governments of the United States and Great Britain celebrated an- other Treaty, knowii as the Modiis Vivendi^ whereby it was agreed that during the pendency of the Arbitration the British Government would prohibit its subjects from seal killing in the east- ern part of Bering Sea, and that the United States would limit seal killing on the Pribilof Islands to seven thousand five hundred seals ; and in Article V of the Modus Vivendi the followin<^ ' Vol. I, p. 6. INTRODUCTIOX. question of damages was submitted to the Arbi- trators: . u.. f 1. 'i'v/ iu/. Article V. ^^" ' - "If the result of the Arbitration be to affirm Quc.tion of tUm- the right of British sealers to take seals in Behring "^'" Sea within the bounds claimed by the United States, under its purchase from Eussia, then compensation shall be made oy the United States to Great Britain for the use of her subjects) for abstaining from the exercise of that right during the pendency of the Arbitration upon the basis of such a regulated and limited catch or catches as in the opinion of the Arbitrators might have been taken with iut an undue diminution of the seal herds; and, on the other hand, if the result of the Arbitij,tion shall be to deny the right of British sealers to take seals within the said waters, then compensation shall be made by Great Britain to the United States (for itself, its citizens and lessees) for this agreement to limit the island 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 migh • have been taken without an undue diminution of the seal herds. " The amount awarded, if any, in either case INTRODUCTION. shall be such as under all the circumstances is just and equitable, and shall be promptly paid," Printed cas3 United States. of !o In accordance with the provisions of Article III of the Treaty of February 2i), 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. Divisiou of Case. The body of the Case is divided into two parts. 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 three-mile limit. These topics will require a somewhat detailed inquiry into the seal life and industry. " There will follow a brief consideration of the question of damages submitted to the Tribunal of Arbitration. INTRODUCTION'. Further provision was made in the Treaty of J '"""■'' i""' Fe>,ruary 25), 1892, as follows: ■'■'" -> ■ is" - "• • 07/J f.-O) 7ti 1 AUTICLE IX. u^.'^ 'U-''i-^r<\'\: ^'-J ■' '■• " The High Contraetinjj Parties have afrreed J"'"'' cDinmission '^ ^ ° ^ to invest isiite seal to appoint two Commissioners on the part of each i''*'- Government to make the joint investigation and report contemplated 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 recommendations of said Commissioners may be in due form submitted to the Arbitrators, sliould the contingency tlierefor arise, the said agreement is accordingly herein 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 Behrinij's Sea, and the measures n ecessary for its proper pro- tection and preservation. • ' " The four Commissioners shall, so far as they maybe able to agree, make a joint report to each of the two Governments, and they shall also report, eitluir 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 8 INTRODUCTION. Reports of Ctni- nui*sioncre. .Appcndis. they shall be submitted to the Arbitrators, or it shall appear that the contingency of their being used by the Arbitrators can not arise." The four Commissioners named by the two Governments have united in a joint repoit upon certain points under consideration by them ; and, having failed to agree upon other points consid- ered by them in their joint conferences, tlie two Commissioners on the part of the United States have united in a separate report to their own Government. The joint and separate reports are appended hereto for the information and con- sideration of the Tribunal of Arbitration. The documents, official correspondence, and other evidence submitted with this Printed Case will be found contained in two printed Volumes and a portfolio of maps and charts, constituting together the Appendix. The Volumes will be referred to in the Case thus : " Vol. I, p. 1," and the maps and charts will be indicated by the nup^bers marked on them. The lithographic illustrations will be referred to by the pages of the Appendix which precede them. The Government of the United States under- stands, however, that, under the terms of the Treaty, it may hereafter present " additional doc • uments, correspondence, and evidence," and it reserves the right to do so. \^ • \ , PART FIRST. RELATING TO HISTORICALAND JURIS- DICTIONAL QUESTIONS. R i_ I J r wnr^^AH- J rill to 5.- 1 4'. t < i. c ,::5 •lOT til It ai is Is so lo .a ail A] th be an Ki Mi 'y vnyi"- ' '.r. ' PART FIRST. RELATING TO HISTOt^ICAL AND JURIS- DICTIONAL QUESTIONS. .t:"-:'i^S.'inn; r.N, OEOGBAFHICAL SKETCH OF BEBINO SEA. l-.ilU ,;! *?'i!f ■ Bering Sea is the body of water lying between Location, bound- ii A ,• /-\ ' -1 . -.-r ■, -^ . ^ ^ ■ anes and diiiiciisioiis. the Arctic Ocean and the North Pacific Ocean, It is connected with tiie former by 13 ering Strait, and with the latter chiefly by the opening which is found between the westernmost of the Aleutian Islands and the peninsula of Kamchatka. It is sometimes referred to and treated as a great land- locked sea.^ Generally speaking, it may be -regarded as ,a triangle, with the vertex in Bering Strait and bounded on the east bv the mainland orf Alaska, on the north and west by Siberia and the peninsula of Kamchatka, while its southerly boundary is formed by the peninsula of Alaska and the line of the Aleutian Islands extended to Kamchatka. It has an area of about 873,128 square miles." ' Findlay'a North Pacific Directory, 2d ed., London, 1870, p. 517. - Unlesa otlicrwiso staled, all measurements are given in Eng- lish statute miles, of which tlicro are GUi to a degree. ■ 1. -i •:tjN -t 12 SKKTCH OF UKHIXO SKA. The distance from Beri ^g Strait to the southern boundary of the Aleutian Chain is about 1,078 miles, and its greatest width from east to west about 1,437 miles. ' Bering strait. To the uorth is Bering Strait, fifty-eight miles in width, but in its narrowest portion are situated the two Diomede Islands. The shores of either side of the strait are steep and rocky, of BeSg s^r"'^"''^' "^^^ eastern boundary of the sea begins in a . . lofty hill at Cape Prince of "Wales, the western limit of the continent of America and the eastern limit of Bering Strait. From Cape Prince of Wales the American coast stretches to the south- ward in a line broken mainly by the deep inlets of Norton Sound and Bristol Bay, between which are Cape Eomanzof, Kuskoquim Bay, and Cape Newenham. The coast is generally low and marshy, no hills of any considerable size being visible. South of Bristol Bay it shoots out in a southwesterly direction into the long, narrow peninsula of Alaska, reaching westward almost to the longitude of Cape Prince of Wales. The chief rivers entering Bering Sea along this boundarv are the Yukon and the Kuskokuim. Northern and The northern and western boundary is in western boundary. marked contrast with the eastern. It is rugged throughout, the mountains growing higher and SKKTCir OF BERING SKA. 13 higher as the chain, which eventually forms the backbone of the peninsula, extends south. The shore ha3 several indentations, the chief one of which is tlie Gulf of Anadyr, into which flows the Anadyr Eiver. The peninsula of Alaska, forming a part of Southern bound- , , „ -^ , "■^y- Peninsula of the southern boundary of Bermg Sea, is four Alaska. hundred and fifty-six miles long and about fifty miles wide, and consists of a more or less level tract interrupted by single mountain peaks or clusters of peaks. Between these peaks, especially 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 Southern bound- the southern boundary of Bering Sea, consists of lands. about forty principal islands and a considerable number of islets and rocks. From the peninsula 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 , , r west two hundred and five miles to the Com- • - mander Islands, which are regarded by some ' Aeclus, NouTello Qeographie uniyerselle, 17 volumes, Pftris, 1875-1891, Vol. XV, p. 201. 14 SKETCIf OF UKT?TN(1 SKA. Soulhorn any. land Aleutian ""i^i geographers as a pjirt of the same (ihaiu,"^ From the Commander Islands to the Asiatib CGast the distance is one hundred and ten miles. The largest of the Aleutian Islands are TJni- mak, Unalaska, and Umnak, the two former "■■.:'■ being about seventy-five miles long. The straits or passes separating the islands are of various widths, those in the easterly half being gener- ally n .rrow and but few of them available for navigation. The most important are Unimak Pass, eleven miles wide, and Amukta or "Seventy-two" Pass, forty-two miles wide. The entire chain is of volcanic origin, and lofty peaks rise from most of the islands. Some Alaskan or Aleutian crater is almost constantly ."■;^;'' in activity. More than thirty mountains have at various times been reported active, and new islands have been thrown up by volcanic action since the discovery of the region by the Eussians.'' The chief islands lying within Bering Sea are the following: St. Lawrence, St. Matthew, Nunivak, Karaginski, and the Pribilof Islands. '"'' A peculiar feature of Bering Sea is the exten- sive bank of soundings which stretches off for two hundred and fifty or more miles from the ' Vivien Ac Saint-Martin, Noureau Dictionnaire de QeogrBphie uniTorfoUe, Paris, 1879, Vol. I, p. 416 ; Encyclopoidia of Gcognipliy, revised ed., Philadelphia, 1838, Vol. Ill, p. 344. 2 Recliw, Vol. XV, p. 202 j North Pac. Dir., p. 498 et seq. Islands in Bering Sea. Largo portion very shallow. SKETCH OF THE PIUBILOF ISLANDS, American coast, rendering the easterly portion Lareo of the sea very shallow.' The charts show that '^"^ * "''* throughout one-third of the sea the drpth of the water does not, generally, exceed fifty fathoms, and they also show that the average depth of the Avhole sea is very considerably less than that of the adjoining ocean." Tlie shores of Bering Sea are but thinly popu lated, the native inhabitants of those now belong- ciarproducu! ing to the United States being Esquimos and Aleuts.*^ The vegetation of the coasts adjacent to Bering Sea consists mainly of rank grasses and (in the more southern parts) of alder and willow. There are no agricultural products, though the interior valleys display considerable richness of vegetation.* The chief commercial products of the sea and its coasts are fur-bearing animals and codfish. 15 portion Population, reg»^ tation and commer*- OEOOBAPEICAL SKETCH OF THE FBIBILOF ISLANDS. The group of islands known as the Pribilof Location. Islands is situated in the shallow part of Bering ' See North Pacific Dir., pp. 517, 567. - See also Wallace's Island Life, Now York, 1881, p. 295, map. ■' Reclns, Vol. XV, p. 226. < North PaciGc Dir., p. 510 j Encycl. of Geog., Vol. Ill, p. 344 ; Wappauf, Handbuch der allgemeineu Goographie und Statistik, Leipzig, 185B, Vol. I, part I, p. 298. [316J "8 16 SKETCH OF THE VRIBILOF ISLANDS. Location. Group consists of I'our islands. St. Paul Island. Sea, in about latitude 57*^ N. and longitude 170*^ W. It is of volcanic origin^ and far i-emoved from other land, the nearest adjacent points being Unalaska Island, at a distance of two hundred and fourteen miles to the southward ; Cape Newenliam, upon the mainland of Alaska, distant three hundred and nine miles in an easterly direction ; and St. Matthew Island, distant two hundred and twenty miles to tlie northward. The group consists, in the order of their mag- nitude, of St. Paul, St. George, Otter, and Walrus Islands. The first two are separated by forty miles of water. The last two are within six miles of St. Paul. .,,^ The largest of these islands is St. Paul, situate in latitude 57° 10' N. and longitude 1 70^ 20' W. It is from northeast to southwest thirteen miles long, with a maximum width of six miles. Its area is about forty-two square miles ; its shore line forty-two miles. The highest hill attains an altitude of six hundred and thirtv-three feet; three others exceed five hundred feet in height. The island comprises rocky uplands, rugged hills, and broad valleys, alternating with extensive bogs of moss and heather, some of which contain fresh-water ponds. Considerable stretches of ' Reclus, Vol. XV, p.205. HKKTl'lf OF TJIE PRIBILOF ISLANDS. 17 sandy beach border some of the bays, but most si . raui Momi. of the shores are rocky. The photographs sub- mitted with tliis Case will enable the Tribunal to forn^ a conception of the ruggedness of the shores and of the irregularity and confusion of the lava blocks that cover them. The average height of the upland is not over one hundred and fifty feet, but three small peaks, one of which in particular has the appearance of a crater, attain a height of nearly six hundred feet. About forty miles to the southeast of St. Paul lies st. Gcovgo i»inud. St. George, in latitude 56° 35' N. and longitude ] 69° 30' W. Its length is ten miles, while its great- est width is aljout four and a half miles. It has an area of thirty-four square miles, and a coast line of thirty miles. On St. George the coast rises precipitously from the sea, and is, for the most part, a succession of cliffs, with not more than six or eight miles of low-lying shores and not over a mile of sandy beach, whereas large stretches of the sliores of St. Paul are of the latter charac- ter. St. George contains two hills, more than nine hundred feet in height, and united by mod- erately high ground. Its general altitude is about three times that of St Paul. . Otter Island lies six miles south of St. Paul, otur island. It is the only one of the group upon which are found evidences of recent volcanic action. It is [315J ' c 2 18 HKinCir OF THE I'RIUILOI" ISLANDS. bor Otter lAarni. aljout threc-fourtlis of a mile long and half as broad. Its north shore is low, with a broken, rocky beach ; elsewhere its coast is marked by steep cliffs, which attain a maximuin height of throe hundred feet. Wiiirus isiiiiid. Walrus Island lies seven miles east of St. Paul. It is a narrow ledge of lava about half a mile long, and so low that in stormy weather it is washed over by the waves. AbseiKi' of liar- There are no harbors at any of these islands, though both at St. Paul and St. George there is anchorage for small vessels in moderately calm weather. During the prevalence, however, of winds from certain directions it is impossible to load or unload vessels of any kind in safety. Eocks or reefs are found in the neighbourhood of both these islands. Climate. There are, really, but two seasons upon the Pribilof Islands. Summer may be said to begin in the latter part of April, and winter in Novem- ber, the change from the one to the other being very rapid. Throughout the summer the chmate is humid and disagreeable Dense fogs prevail and hang in heavy barks over the islands, the atmosphere is rarely clear, and the sun is seldom seen. So dense is the fog that navigation in their vicinity is rendered extremely hazard- • ous, and it is often impossible for navigators to .SKETCH OF THE PHlllILOF ISL VNIXS. 19 the find them. Indeed, it is probable that their dis- ciiumtc. <;overy was retarded on account of the preval- ence of fog.' The summer temperature ranges between 40*^ and 45° F., and is highest in August. By the end of October cold winds sweep across the islands, carrying away the moisture. These winds continue throughout a large part of the winter, rendering the climate during that time most disagreeable. The winter temperature averages between 22° and 20° F. The sur- rounding :-iea generally freezes over in winter, and the ice remains until the latter part of April, when it rapidly disappears. The shallowness of ithe eastern portion of Bering Sea prevents any icebergs from reaching the Pribilof Islands. Further details respecting their climatic condi- tion will be given later in the Case, when the habits of the firr-seals are discussed. Tlie principal mammals inhabiting the islands Animni life, are fur seals, sea-lious, and hair-seals. Formerly sea-otters and walruses were found there in abundance, but owing to indiscriminate hunting they have been exterminated. Blue foxes are common on both islands and lemmings on St. ' These conditions are not confined to the Pribilof Island*, but prevail throughout a great part of Bering Sea. Thej are matter of common knowledge. See Bccchy's Narrative of a Voyage to the Pacific Ocean and Bering Straits, London, 1831, Vol. T, p. 241 ; North Pac. Dir., p. 634; Wappilus, p. 298. f H wa 2(» Inhabitants VcgetalioiJ. DISCOVERIES ABOUT UERING SEA. George. Myriads of birds breed upon the liigli^ rocky cliffs of the islands. The group 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 popu- lation 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 veffetation resembles that of the 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. Bering's pedition. DISCOYEBT AND GCOTTFATION OF THE SHOBES AND ISLANDS OF BEBINO SEA. first ox- The exploration of Bering Sea and of the coasts and islands of America which surround it fol- lowed upon, and was the direct result of, the oc- cupation^ of Eastern Siberia and the peninsula of ' Vojage to the Pnciltc Ocean under the direction of Capt. Cook and others, London, 1784, Vol. Ill, pp. 359-383; Coxo's RussLnn Discoreries between Asia and America, London, 1804, p. 817 et seq. , Miiller, Voyages from Asia to America, translated by Jeffrie*, London, 1764, 2d cd., pp. 1-44. DISCO VEB FES ABOUT BEHINO SEA. 21 Kamchatka b)^ tlie Eussians in the seventeenth Borings first w podition. century. As early as 1648 a Russian ship is re- ported to have sailed from the Arctic Ocean " = ' " through Bering Strait to Kamchatka'; but not .* until the reign of Peter the Great was any organized eflbrt made tc explore the unknown regions of this sea. The execution of his plans, oAving to his death, devolved upon his successor, lunpress Catherine. The first expedition, under Vitus Bering, sailed from Kamchatka in 1728 in a northeasterly direction. After discovering St. I-awrence Island it passed through the strait which has since been known by the name of the great navigator. • Another part of this expedition reached the continent of America in about lati- tude 65°, in the vicinity of the mouth ol" the Yukon liiver.'^ In 1741 Bering started out on his second expedition. It consisted of two parts, both of which discovered the continent of America. Upon his homeward voyage ]3ering landed at the Shumagin Islands, sighted a large number of the Aleutian Islands, and was finally sliipvvrecked Boring's sccoiul ox- peclitiou. ' See map in MuUer's Voyages ; Cook, Vol. Ill, p. 361 ; Burncy's History of Nortlienstcrn Voyngos of Discovery nnd of tlie Enrh Eastern Xavi gut ions of tlio Russians, London, ISIO, p. 60 H .w/. ■ Milller, j). 48. I'lio name was conferred by Cooit in 1778 ; Green - how's Memoir on the Xorthwost coast of America; Senate Doc. \o. I7t, Twenty-sixth Congress, first session, p. 82. = Miiller, p. 55, and miiji (frontispiece) ; Burney, p. 130. ''ti -22 DISCOVERIES ABOUT BERING SEA. Besources of Com- mander Islands made inown. on the Commander Islands. He died upon the one which was subsequently named for him.^ This last expedition made known the valuable fur resources of the Commander Islands, and brought back to Siberia large quantities of the skins of sea-otters, fur-seals, and foxes. This led to the organization of manj' private expe- ditions, and one 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 private Russian adventurers.^ Discovery and subjugation to Eussian rule went hand in hand with trade, the rich merchants of Moscow furnishing in great measure the money whicli sustained the cost of dis- covery ; and Cook, writing in 1784, says that the Eussians had conquered the Aleutian Islands and made them tributary.* Several navigators under Eussian Imperial authority made further expe- ditions into Bering Sea and visited various parts of the coasts, but it was not until the year 178G ' Muller, pp. 93 -97, and map (frontispiece) j Cook Vol. Ill, p. 372 J Burney, p. 176. ' Berg, Chronological History of the Discovery of the Aleutian Islands, or the Achievements of Russiiin Merchants, and also an Historical Review of the Fur Trade, St. Petersburg, 1823, p. 1 et »eq. ' Burney, pp. iai-l85; Coxe, pp. 8C-II0. * Cook, Vol. Ill, J). 372. DISCOVERIES ABOUT BERING SEA. 23 that the most important of all the discoveries in Discoveiy of Pri- bilof Islands ; due to this sea, that of the Pribilof Islands, was made. ^^'^^'^^ *<» f"". It was brought about by the same cause which led to all the other enterprises in these regions, the search for furs. The Eussians 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 'he Aleutian Islands ; and as the supply of sea-otters diminished, they began exerting them- selves to ascertain upon what shores these fur- seals landed. Much time was speuL in following them both upon their northward and southward courses. In 1786 the final search for them was undertaken by Gerassim 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 week;. hf> cruised in the neighborhood of the Pril dof «: oup in a dense fog without finding it. " .\' 'ast," says Veniaminof, "fate, as if releni the I'acific coast of Alaska, he passed into eving Sea and sailed along the east- ern shore as far as Bering Strait, giving names to various places, 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 earl)' Eussian discoveries. His vi.sit Wiis never followed up by settlement, and it resulted in no acquisition of territory or claim thereto by his Government.- . ,i .f.-. . In 1791 an expedition, planned by Catherine 11, passed from the Aleutian Islands to the northern parts of Bering Sea, including St. Lawrence ' Burney, pp. 219, 220. • On the contrary, it inured largely to the benefit of the Kiissians, of whom Cook, in his third volume, at p. 373, predicts that " they will undoubtedly make a proper use of the advantages wc Imve opened to their, by the discovery of Cook's Kiver (Inlet)." See, also. Cose, p. 206. DISCOVERIES ADOLT BERING SEA 25 m Island and Cape Itodiiey, and returned along the . Sui.-'rquent Rus- Asiatic coast. Other expeditions followed at various times, an inipt)rtant one being that of Korasakovsky, who, in 1818, made a thorough exploration of a great part of the eastern shore , ^ of the sea and established a fort at the mouth of the Nushagak.' The great wealth to be derived from the fur- shoi-ps and isimuU . . bocnmc liussimi tcr- bearing animals led to permanent settlements, ritow as onriy as ]8(KI*. the subjugation of the native tribes, and the es- tablishment of forts or trading posts 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- eentli and early j'ears of the nineteenth centuries. Thus, by first discovezy, occupation, and perma- nent colonization, the shores and islands of leering Sea, the Aleutian Chain, and the peninsula of Alaska became, probably as early as 1800, an undisputed part of the territory of the Eussian Empire.^ ' Tlio whole of this shore, togethor with othor territory, had already been claimed by Russia in tlio ukase of 1 799, reforent-e to which will be hereafter more fully mndc. See, generally, upon the whole of the foregoing subject Vivien dc Saint-Martin, Vol. I, " Alaska," pp. 55, 56. - See " Russia's Enrlv Title to parts of the Coast of Americn," Vol. I, p. 12. ' , 'tf 26 CLAIMS TO THE NORTHWEST COAST. OLAmS TO THE NORTHWEST COAST OF AMEBIOA. Early competition While the title of Eussia to the territory north tor possession of *' coast of America, a^d west of, and including, the peninsula of Alaska was universally recognized, her claim to the Northwest Coast of the American continent, by which term it is intended to designate the coast between Prince William Sound and the mouth of the Columbia Elver, was earnestly disputed by more than one powerful nation. During the latter part of the last century and the early years of the present. Great Britain, Spain, and the » United States were competing with Eussia by way of exploration, trade, and colonization for the possession of the Northwest Coast of America. Russian eompeti- As early as 1741 Tcherikof, a Eussian Cap- tion. Settlement at ^ ^ Kudittk Island. tain uiider Bering's command, visited the coast in about latitude 55° N. ;' but the earliest per- manent settlement east of the Aleutian Chain was made at Kadiak Island in 1784 by Shelikof,^ an enterprising merchant, who afterwards laid the foundation for the Eussian American Company. A trading post, dwelling houses, and fortifications were erected and a school established. Later, cruises were undertaken from Kadiak to the ad- ' Miiller's Voyages, map (frontispiece). • Cdxe, p. 207 ff xeq. CLAIMS TO THE NORTHWEST COAST. 27 joining islands and the mainland around Cook's Russian competi- tion. Settlement nt Inlet, Prince William Sound, and Yakutat Bay.' Kadiak island. The influence of the Kadiak colony in the adjoin- ing continent is told by Coxe in these words : "The settlement formed by Shelikof in the isle of Kadiak has more contributed to spread the ex- tent of the Eussian trade and power in the North Pacific Ocean than any of the preceding expedi- tions. He sent out detached parties, who formed establishments on various parts of the American continent and kept the natives in due order and subjection."^ In one of these cruises, made under Shelikofs direction, the continent was reached near Prince William Sound, and the coast was followed and carefully explored to the east and south beyond latitude 50°. Coxe says, speaking of the traders who conducted this cruise: " By comparing their accounts with the narratives of Cook, Portlock, Meares, and Vancouver, we have been able to ascertain most of the harbours and places at which they touched, and the general agreement with the accounts given by the English navigators proves the accuracy of their descrip- tion.'" At Yakutat, in June, 1788, they took formal possession of the country and received ' Coxe, p. 232. 'Coxe, p. 264. See also I'.iW., pp. 268, 269, 273. ■■i: ^:l 28 CLAIMS TO TIIK NORTHWEST COAST. KiHsiuii compcti- from the native chief tokens of his acceptance of tion. Settlpincnt nt Kadiiik IbIuiuI. Russiau dominion.' As further evidence of Eus- sian occupation of the mainhmd of the Northwest Coast the launching of a vessel in 1 794 from the shores of Prince William Sound is chronicled, this being the first ship built in Alaska." Founding of Sitki\. But the most important Step taken by Eussia to permanently establish her authority over the islands and adjoining shores of the Northwest Coast of the continent was the founding in the beginning 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 Eussian American posses- sions. From Kadiak, first, and from Sitka, later, the Eussian merchants continued to push their traffic with the natives along down the mainland toward the Columbia Eiver, and in 1812 they had even established a colony on the coast of California,* called Fort Eoss, a few miles north of the Bay of San Francisco. As early as 1810 Eussia had gone so far as to inform the United ' Sec, generally, Coxe, pp. 2'W-254. - Tikhnieiiief's Historical Review of the Development of theBussimi American Company and of its Operations up to the presei.t Tiuic, .St. Petersburg, 1861, Vol. I, j). 10. •' Vivien de Saint-Martin, Vol. T, p. 56. The year 1802 is gcnemlly taken as the date of the founding of Sitka. ^ Oreenhow's Memoir, pp. 9, 148; Vivien de Saint-Martin, A'ol. I, p. 00. CLAIMS TO JlIK XORTirVVEST COAHT. 29 States that she claimed the coast to the Columbia lliver.^ On the other hand, Great Britain early laid r.nii-ii compel i- lion. claim to portions of this same Northwest Coast. Drake is believed by some to have touched it in his discoveries in 1579.- The famous British navigator, Captain Cook, appeai-ed there in 1778, visited Prince William Sound and Cook's Inlet, and (as already noticed) passed into Bering Sea. Cook's voyages were followed by those of Port- lock, Dixon, Mcarcs, and Vancouver. English traders, and especially the powerful Northwest Company (which in 1821 became united with the Uudson's Bay Company), were rapidly'ex- tending their enterprise to the coast between the Colundjia lliver and latitude 5(5° N. and thus coming into competition and conflict with the merchants and traders of other countries, includ- ing those of Eussia.^ So, also, Spain following up the occupation of Spanish . ompcti- California, soon after the middle of the eighteenth century began laying her plans for a complete occupation of the whole of the western coast of America washed by the waters of the Pacific lion. ' American State Papers, Foreign Relations, Vol. V, p. 442. Sco, ulw, generally, " Russia's Early Title to the Coast of Anierico," Vol. I. p. 12. - Burney'g History of Discoveries in the South Sea, London, 1803, Vol. I, p. 356. See, also, Greenhow's Memoir, p. 37. " London Quarterly Review, Vol. XXVI, pp. 344i-847. 30 CLAIMS TO THE NORTHWEST COAST. ^_ Spnnisii conipcti- Qceaii, and in doing this she was actuated largely bv knowledjje of the fact that the Russians had a similar object in view.^ Prior to 1768 the Spanish navigators had explored it up to latitude 43°, and in 1774, 1775, and 1779 they visited various portions of the same as far north as Prince William Sound, taking possession of much of the country on behalf of their sovereign ; and an examination of the map of that region of the present day attests, in the geographical names, the early presence of the Spanish discoverers.^ As late as 1790 Spain asserted her right to the Northwest Coast to latitude 60° N.^ Some of the Spanish claims were brought to an issue in 1789 in the Nootka Sound controversy, which was the first dispute between Eui'opean nations in regard to any territory lying between San Francisco and Prince William Sound. Nootka Sound is situated on the west side of Vancouver Island in about latitude 50" N."* In 1789, on being informed that Russia was intend- ing to occupy it, the Spanish Government sent out two men-of-war with orders to anticipate her and drive away all foreigners. No trouble of ' Greenhow's Memoir, pp. 52, 96. - Viyien de Saint-Martin, Vol. I, p. 56 ; Greenhow's Memoir, p. 67 and chap. IV. ' American State Papers, Foreign Bolations, Vol. V, p. 444. * It appears to hare been discovered, and was named, bj Cook in 17SS. Greenhow's Memoir, p. 82. Tlie Nootka Sound controTersy. CI. \ I Ms 'lO Till.. .NOUTIIWK.ST COAST. ;'.i any kind with Itussia arose out of these measures/ The Nootka Somui coiitroTor!'}'. but the Spanish naval commander having seized two vessels encfai?ed in trade there, together with certain houses and land, all of which the Britisli Government claimed lo be the i)roperty of Britisli subjects, the act of seizure was vigorously and successfully resented, and as a result of a heated controversy the treaty of 1790 Avas celebrated between Great Britain and Spain.- Article III, Treaty of i7:o ^ between Great Jju- of that treaty is, in part, as follows : " It is agreed <»>" ">"• «]"•'"• that the respective subjects shall not be disturbed or molested either in navigating or carrying on their fisheries in the Pacific Ocean, or in 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 Ilussia 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. ' American State Papers, Forci};n llelatiuns, Vol. V, p. 415. - Vol. I, p. 32. fcJee Greenhow's Memoir, cliup. VI. [315] 1) m i a2 T.AFMS HI TIIF, N()«Tn\VE^T COAST. Viiipvii'iiii coiiiiir tition. The i)aitial navigation of the Columbia liiver by the American Navigator, Captain Gray, in 1792,the expeditionof Lewis and Clarkeacross the Kocky Mountains in the years 1803 to 1805,' and the establishment of the Pacific Fur Company on the Pacific coast in the early years of the present century, gave to the United States a permanent lodgment on the Northwest Coast and constituted the basis of an active competition on the part of that nation for the sovereignty and trade of a considerable part of the shores and waters of the Pacific." The troubles which early in this cen- tury arose between the United States and Great Britain as to ownership of these coasts were left undetermined by the treaty of Ghent, following the war of 1812 ; and in 1818, being still unable to adjust the respective claims, the two powers agreed that all territory in dispute claimed by either of them Ijetween the Eocky 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 territorial rights on the Northwest Coast permanently settled by treaty. ' Greenhow's Memoir, p. 126 et ntq., p, 140. - Urcenhow'g Memoir, pp. 152-158. * Treaty of 1818 botwecti the Utiited StBtef Bud Great Britain. Vol. I, p. 34. 3 rLAIMS TO TFIK NORTnWKST COVST. 33 The cluJms of tSpain to this region were trans- ferred to the United States by the treaty of 1 8 1 1).' It thus appears from tlie forerroinjj historical 'f'"" competition *■ *■ or! certain to result ni review that, while the claim of Russia to the int«rnniionni conflict. territory embracing the Aleutian Islands, the peninsula of Alaska, and the coasts and islands of Bering Sea was undisputed, the shores and the adjacent islands of the American continent south of latitude G0° as far as California were during the latter part of the eighteenth and the first quarter of the present century the subject of ('(mflicting claims on the part of Kussia, Great Britain, Spain, and theUnited States. This condition of affairs in- ^icated that an internadonal conflict was likely to come sooner or later, and it was foreshadowed in an article printed in the London Quarterly Heview of 1814, in which it was said : " IIow long the continent of America will afford a sup- ply of furs and peltry to the contending traders of England, Eussia, 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 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."^ ^ ' Vol. I, p. 34. ' Loudon Quarterly B«Tiew. V"). X.I, p, 292. [315] ' . n 2 34 THK RrS!«II.\\ \>rK.KK'.\N COMIMXY. THE &USSIAN AMERICAN COMPAKT. lu political and HavinjT thus presented a brief sketch of the commercial impor- '-' ■*■ **"""• political condition of affairs in the early part of this century in the territory surrounding Bering Sea and on the Northwest Coast of America, it is proper, before entering upon a consideration of the events of international importance which follow, to refer to the organization and early histor- of the Russian American Company, an association which for a period of over sixty years carried on trade and administered public affairs throughout a great part of these regions. In the extent and variety of its operations it oc- cupies a position similar to that held by the East India and the Hudson's Bay Companies ; and its history is also the history of that portion of the globe to which the attention of the Tribunal of Arbitration is directed. Tlie Kussian American Company was the outgrowth of the numerous trading associations,' which, soon after the discoveries of 17il, began to develop the lucrative fur trade in the Aleutian Islands and Bering Sea. The rivalry and com- petition which grew up between them proved in many ways disastrous '^ and resulted eventually ' For a detailed account of same,, see Berg, p. 1 ei .»cg. ^ Tikhmonicf, Vol. I, p. tJl. Tlie outgrow! h ot trading associations THE RUSSIAN AMEKICAX COMPANY. 35 Chartered in 1799. charter. ill placing the fur trade of the Colonies under the control of a single powerful organization.^ This was accomplished in 1799, in which year a ukase was issued, creating the " Russian.Amer- ican Company " and containing its first charter .^ This ukase invested it with special and exclu-^ij;*g''J'8jJ'j,\"'*g;'; sive privileges for a period of twenty years on 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 Bering Sea. To it was reserved the exclusive right to all products of the chase and of commerce in those regions ; and it was specially 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 empire, and to use a seal and a flag bearing the Imperial coat uf arms. Its chief place of business, which was originally at Irkutsk, was soon transiv^rred to St. Petersburg, where its shareholders, none of wliom were allowed to be foreigners, embraced members of the Imperial family and the high nobility. I ' Vivien de Saint-Maitin, Vol. I, p. 50. 2 Vol. I, p. 11. m 1 V,' - D m ill m m m V4 w. •(..':, M .*.>(• Its oblignlioni. ■ 1- ; '..If. .'» fJr 36 THE RUSSIAN AMERICAN COMPANY. While the privileges conferred by this charter were very great, the Company was, on the other hand, burdened with some heavy obligations. It was" compelled at its own expense to carry on the government of the region over which its priv- ileges extended, to maintain courts, the church, and a small military force, and, at a later period, ' , to hold ready at various points on the coast provisions and stores for the use, in cases of emergency, of the naval vessels or troops of the Russian Government, itamude of govern- For the purposes of administration the Impe- nwnt. . , • rial Government and the directors of the Com- pany jointly appointed a chief manager, who resided at Sitka, and who at an. early date was required to be an oflicer of the navy of high rank. Ilis powers were absolute within the ter- ritory over which the Company exercised juris- diction. Under him were sub-managers, over- seers, and other agents. Reports of the Com- pany's transactions were submitted originally to the Minister of the Interior, and later to the Minister of Finance. Oflicer* of luiperiai Dating ftom the year 1802 officers of the Im- •tTvice™^"* '" ' * perial navy were constantly in the employ of the Company. As long as it maintained a mili- tary and naval force in the Colonies at its own «xpense, such force.** were entirely at the dis- I i THE BUSSIAN AMERICAN COMPANY. 37 posal of the chief manager, who had the privi- offlcerBofimperiui ' ° -^ navy engaged in its lege of selecting the soldiers and sailors from any service, force stationed within the boundaries of Siberia. Even the officers of those naval vessels which were not maintained at tht" expense of the Com- pany, and which were sent out to the Colonies by the Imperial Government, were generally en- joined to obey the orders of the chief manager, and it will be made to appear from papers which will be hereafter cited that such orders were freely given. Under its charter the Company paid no Pnid no royalty, royalty or rout 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 SuiuniMy. government and trade throughout the whole of the territory over which it was given control. '^ ' See in reference to all that haa been sniil regarding the rights, obligntions, and government of the Bustiian American Company : Regulations of tlie United American Com])any, Tikhmenief, Vol. 1, iipp., pp. 1-19 ; Cliiirter of 1799, Vol. I, p. 14 ; ukase and charter of IS21, Vol. I, pp. Hi and 24; ". Additional Facts relating to the Russian .\mciicnu C'onipiniy," \o\. f, p. 9 ; Tikhmenief, Vol. IT, npp., pp. 17-fi;). 1 1 < 38 THE UKA«E OP 1821. THE UEASX: OF V.Sl, Uknse of 1821 ftnd second ehiirter of the Compaiij. Purpose ttkaso. of On the 4tli of September, 1821, this famous ukase was 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 privileges granted in 1799 to the Eussian American Company. Both the ukase and the new charter appear in full in the Appendix.^ 'J>o The objects which were 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 our subjects on the Aleutian Islands and on the North West Coast of America apper- taining unto Eussia is subjected, because of secret and illicit Traffic, to oppression and im- pediments ; and finding that the principal cause of these difficulties is the want of Eules 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, WK have deemed it necessary to determine these Communications by specific Eegulations which are hereto attached." Vol. I, PI. 1(1, '.'I. THE UKASE Of 1821. 3^ Its title and first two sections are as follows : its titio and first " Eules established for the Limits of Naviga- '^"'' *"" """' tion and order of Communication along the Coast of Eastern Siberia, the Northwest Coast of America, and the Aleutian, Kurile, and other Islands. " § 1. The pursuits of Commerce, whaling, and fishery, and of ail other Industry on all Islands, Ports, and Gulfs, including the whole of the Northwest Coast of America, beginning from Bering's Straits to the 51° of Northern Latitude, also from the Aleutian Islands to the Eastern Coasi of Siberia, as well as along the Kurile Islands, from Bering's Straits to the South Cape of the Island of Urup, viz^ to the 46° 50' Northern Latitude, is exclusively granted to Russian subjects. " § 2. It is, therefore, prohibited to all Foreign Vessels, not only to land on the Coasts and Islands belonging to Eussia as stated above : but also to approach them within less than a Hundred Italian Miles. ^ The TransLfressor's Vessel is subject to confiscation along with the whole Cargo." The reason why the limit of one hundred miles r,.,,,,,,, wiiv limit was chosen appears from a letter written by Mr. ° ' All Italian milo if tlu- I'linivnk'iil oT a gcogra])lii('iil miii-, of wliicli tlu'vc arc *ixtv fo ii di-aive m >♦:■ ■}-ti 40 THE UKASE OF 1821. Beason whv Umit Middletoii, United States Minister at St. Peters- of 100 miles choien. burg, to the Secretary of State, dated August 8, 1822, giving an account of an interview with the Governor-General of Siberia, who had been one of the committee originating this measure. The Governor-General said it was sought to es- tablish " limits to the marine jurisdiction on their coasts, such as should secure to the Bussian American Fur Company the monopoly of the very lucrative profit they carry on. In order to do this they sought a precedent, and found the distance of thirty leagues, named in the Treaty of Utrecht, and which may be calculated at about one hundred Italian miles, iSufficient for all pur- . poses." ^ As a similar and more recent prece- dent, though not for so great an extent of sea jurisdiction, might have been cited the fourth article of the Nootka Sound convention between Great Britain and Spain, already referred to, whereby the former conceded to the latter ex- clusive jurisdiction of the sea for ten leagues from any part of the coasts already occupied by Spain.^ This limit enabled The Pribilof Islands, the home of the Alaskan •eai'w of ]?iS»iio£ scal herd, are situated less than two hundred Italian miles from the Aleutian Chain on the south, and thus a sufficient portion of the eastern Islands, > Mr. Middleton to Mr. Adam*, August 8, 1822,, Vol. I, p. 185. ' Vol. I, p. 32. THE UKASE OP 1821. 41 half of Bering Sea was covered by the ukase to enable Eussia to protect the herd while there. In so far as it affected that sea and its shores, Bussia regarded the ukase as merely declaratory of existing rights. The board of administration of the Eussian American Company, writing from St. Petersburg to the chief manager of the Eussian American Colonies at Sitka on Septem- ber 20, 1821, says: "With this precious act in your hand you will be enabled to assume 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 northeastern 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 benefits and gifts most graciously bestowed upon our Company by His Imperial Majesty."^ Ukaso declaratory of existing rights. ''iJ ;'" I' ■ ■■ ; 'V ■^'kS'i'' ' Vol. I, p. 59. This and other documents hereinafter fited, relating to the affairs of tlie Buss, ^n American Company, belong to tho official records or archives of ^hc territory which whs ceded to the United Stat^"' by Russia by the treaty of ISfiT. They came into the possesr' .. of the United States by virtue of the second article of that treaty and are now in tlie Archives of the Department of State at Wagbington. Fac-similes of all the original documents referred to herein will be found at the end of Vol. I. ■.■■>I « if] 42 THE UKASE OF 1821. In a letter dated February 28, 1822, from the board to the chief manager of the Colonies, we find the following statement : " As to fur-seals, however, since our Gracious Sovereign has been pleased to strengthen our claims of jurisdiction and excLisive rights in these vi'aters with his strong hand, we can well afford to reduce the ' number of seals killed annually, and to patiently await the natural increase resulting therefrom, which will yield us an abundant harvest in the future."! Under ukaso of The official Eussiau records show that after rf peSJrttlie ukase or charter of 1799, granting to the Bering "sca.^™'''^ "' Eussian American Company certain exclusive control of trade and colonization, its authorities, acting under the sanction of the Eussian Govern- ment, did not permit foreign vessels to visit Bering Sea. The trading and hunting rights of the Company were jealously guarded there prior and up to 1821, as will appear from the docu- ments about to be cited ; and whatever creation or extension of exclusive Eussian j urisdiction was intended to be effected by the promulgation of the ukase of that [year applied to the Pacific Ocean proper, and to the coasts and islands east and south of the peninsula of Alaska. The only effect which could have been intended by that - '^ ' Vol I, p. 61. m TilK UKA«K OF 1H21. 43 ttering edict upon the coasts and waters of Bering feea Under ukiue of . 1799 foreign vesseli and the Aleutian islands was to strengthen and not permitted to conlirm the jurisdiction theretofore exercised by Bering Sen. Russia, and this is made clearly to appear from the official documents of that period. On April 9, 1820, the Russian Imperial Min- Request of Mini- ster of Finance in ister of Finance, upon a report of a committee of i820 and i82i that cruisera bo dispatched ministers appointed by the Emperor to obtain to protect Company's interests in Bering information respecting the Russian American Sea. Colonies, from which report it appeared that illicit visits of foreign vessels to Alaskan waters were being made, addressed an official commu- nication to the Imperial Minister of Marine, in which, after referring to this report, he states that "it appears of the most imperative necessity for the preservation of our sovereignty in the northwestern part of America and on the islands and waters situated between them, to maintain there continuously two ships of the Imperial fleet." He suggests that these two vessels should be dispatched during that year, one to cruise from Sitka westward and northward, and after " hav- ing thoroughly examined the shores of the Aleu- tian Islands, the coast of Kamchatka, the Kurile Islands, and the intervening waters," to winter in Petropavlovsk on the Asiatic coast. " The other ship, however, (sailing from Petropavlovsk), hav- ing examined the eastern coast of the Kamchatka m ••'^ 9» . •■'**l 4.»V 1 hi I 44 THE TKASE OF ]R21 Rcqu«i of Mini- peniusula up to 62" of northern latitude, and the iter oi Finance in « i • /. i • i • j .1 1820 and 1821 that west coEst of America trom this latitude to the 'rriserii be dispatched .,-«_tii ii- to protect Company'd island 01 Unalaska, and the intervening waters interests in Bering ,_ . v 1 -i i i rr t 1 j Sea. (Bering Sea), should proceed to Kadiak and from there to Sitka for the winter. The object of the cruising of two of our armed vessels in the i 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 yeai', 1821, two similai' 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 assured of their protection."' The board of administration of the Eussian 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 Killing of fur-senis nt sea to be pre- vented. Vol. I, p. A». VfJ ' I' I .-.'' TnK TKASK OF 1821. 45 suppose that a total suspension of killing every KiiiinR ot fm- -spbU tilth year will effectually stop the diminution rentod. of 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 prohibition of all kilUng of fur-seals at sea or in the passes of the Aleutian Islands, we may hope to make this industry a permanent and reliable source of income to the Company, without disturbing the price of these valuable skins in the market."' In 1819 Eiccord, the then commander of Kam- Tho I'igott aftiiii-. Certain con tracts chatka, acting under advice of one Dobello, a with foreigner!.. _ nnnnllod. Control foreigner in the employ of the Eussian Govern- exercised over Benng ° . . Soil prior to 1821. nient, 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, whicli illustrates the complete control which Eussia claimed and actually exercised over Bering Sea prior to 1821, and how jealous she and her chartered Company were of the intru- sion of foreigners. Undei' date of April 10, 1820, the Minister 'Vol. I, p. 68. i . ' Tikhmenief, Vol. I, pp. 192-200. V ' { '." . u\ Tllh: IK \si; n\. isji The i'j«ott nftttir, of Finance wrotG to the board of administration contiiiiu'd. of tlie Russian American Company for its ii^'iiidance in part as folloAvs : " The commander of the government of Irkutsk is licreby instructed to forbid any foreigners, except such as have become Russian subjects, to enter the mercantile guilds, or to settle in biisiness 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 inform 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 less to erect buildings or other immovable prop- erty." In the same dispatch the minister said : " Hav- ing for the benefit of the American Company excluded all foreigners from Kamchatka and Okhotsk and prohibited them from engaging in trade and fi-om 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. slated as the decision of his Majesty P TUE UKASE OF 1881. 47 the Emperor, in view of possible future compli- cations of this nature, that no contracts involving the free admission or navigation for trade of for- eign sliips or foreign subjects in the waters adjoin- ing or bounded by the coasts of Eussian colonies will be approved by the Imperial Government."' On April 23, 1820, the board of administra- ^.^o'?'^®" . .?.">• ' ' ' hibited from visiting tion of iV.e Company at St. Petersburg wrote to *'»'«•;• ''* Vol. 1, pp. 53, 64. THE UKASE OP 1821. 49 the copy herewith inclosed of communications Tiir Pigott affair, contiuiicd. from the ministries, yon will see that the Imperial Government not only repudiated Messrs. Eiccord, Dobello, 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 are only awaiting the return of our Mon- arch, we shall also receive definite instructions how to deal with foreigners who venture to cross the limits of possessions acquired long ago through Russian enterprise and valor."' It thus appears from the foregoing citations summary, that, so far as it concerns the roasts and waters Protests iiuvdod to claim of juriMiic- of Bering Sea, the ukase of 1821 was merely '"o" o^*"*" P'^'"'" *' Ooton and to cluim declaratory of prei'xisting claims of exclusive ^" '^o"'* "^ oontinent. jurisdiction as to trade, which had been enforced therein for many years. The ukase of 1799, which set forth a claim of exclusive Russian juris- [315] » Vol. I, p. 66. ■ a 50 TUB UKASE OF 1821. Protests directed (liction as far south as latitude 55°, called forth no- to claim of juri«- cUction over Pacific protsst from anv foreign powers, nor was obiec- Occan nnd to claim . to const of continent, tion offered to the exclusion of foreign ;,hips 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 protects were made by the Governments of the United Stales 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 ownership ' Vol. I, p. 132-152. Only sucli portion of the com'Hpondoncc between Qreat Britain and Kusgin is given, ns was inclosed in Lord Salisbury's note to ijir Julian Fauucofote, dated August 2, 1S90, Vol.1 p. 242. THE TEEATIE3 OP 1824 AND 1825. 51 of the coasts and islands lying between latitudes ^'rotoat* directed '' '-> to claim of iun»- 51" and 55°, en what was known as the North- l''='"»n <»^,«" ^^'^^^ Oeeap and to claim west Coast, and their citizens and subjects had '"''""'o^ •=''"'*"«"'• been actively engaged with their ships in hunting and trading on those short^s and waters, and it was natural that they should vigorously protest against the attempt of Kussia to exclude them from that region. On the other hand there is no record that such hunting or trading had ever been carried on by them within Bering Sea. The historj'^ of the period and the locality, the discussion wliich 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 TBEATIBS OF 1884 AND 18SS. The controversy which followed the promul- Settled the two- gation of the ukase of 1821 resulted in a treaty ^" *' between the United States and Russia in 1824,- ' See Vivien de Saint-Martin, Vol. I, p. &6. > Vol. I, p. 36. 52 THE TREATIES OF 1824 AJSD 1885. Bottled dispute. IJoriiig Sea not in- cluiU'd in terms used to denote I'aeiiic articles Ocean. two-fold and one between Great Britain and Russia in 1825.' These two treaties settled the twofold dispute which had l>een raised by the ukase, namely, first, the maritime dispute ; second, the territorial dispute relatingto the Northwest Coast. The maritime dispute was settled by the first That of the British treaty was, at the request of ihe 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 term "Great Ocean, commonly called the Pacific Ocean or South Sea," used in article I of the treaty of 1824 with the United States, and tlie term " The Ocean, comnnonly calietl the Pacific Ocean," used in article I of the treaty of 1825 witii 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. • Lfller O. t'luining ti» S. Cunning, Dec. 8. IS2t, Vol, I, p. SCO. * \o\. 1, p. a2. ' lluniey, Hpcnking of tlio ''line of boundiiiT whir;!! seems de- signed 1)7 imiiirf for this great sen," xiiys : " The northern limit,s are marked hv the eoutiniiul ion of the Ainoriean (.'oant from Mount St. Klias ti>«ard» the vtent witli the elmin of iHland^ ndled the Fox iind the Alcntian Islii'ids." Buniey's Chronologieal History of the l)i»covcric» iu the Suuth Sea or Pacific Ocean, London, 1803, Vol. I, |).2. THE TRKATIES OF 1824 AND 1826. 88 tlccluni- 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, Bering Sea, Northeastern Sea, or Eostern Ocean." But in addition to the correspondence attend- v.x\wai ing the negotiations^ the text of the treaties GuvomnuMit oa tivi themselves, and the authority of navigators, *"'■'" ' attention is invited to tlie express declarations of the Eussian Government on the subject during tlie negotiations and after the treaties had been celebrated. ' On July 18, 1822, the Imperial Minister of Finar.cp addressed to the board of administra- tion of the Kussian American Company a com- munication in which, referring to the protests wliich had been made against the ukase of 1821 and to the negotiations on the subject with tlie United States haviuij in view some modification of the ukase, he says : " The rules to be pro- ' Vol. I, ]). 287. •As to "Sen of Knmclintka " mid " Horin({ Seu," hw (Hiotation iiifrn from tiioilctlor diiUtl July 18, 1822, from tin' Miiiiitiu' of I'iiiuncc to the boMrd of mliuinidtraiion. Aa to " NorthenstiTn Sea," sir llri»t unci tliiril clmrtcrs of the Compnny, Vol. I, pp. 11, 28. Aeto " iMistcru OcTiiii," Di'o (.'i)xi', miip (froiilispiorc). 54 THE TREATIES OP 1824 AND 1825. 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, Bering 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 made Sooii after the conclusion of the treaty of 1824 immediately before , t p t -r, treaty with Great With the United States the directors of the Eus- Britain. sian American Company applied to the Lnperial 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 Eussia over the shores of Siberia and America as well as over the Aleutian Islands and ' Vol. I, p. 62. * Bussian Miniater of Finance to the boa. ' of the RuMian American Company, Sept. 4, 1821, and accompanying •.•eport, Vol. I, pp. 67-71. THE TREATIES OF 1824 AND 1825. 66 the intervening sea has long since been acknow- Declaration made immediately before ledged by all powers, these coasts, islands, and treaty with Oreat Britain. sens just named could not have been referred to in the articles of the ?,bove-mentioned convention, which 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 permanent settlements on the coast of Siberia as well as on the chain of the Aleutian Islands ; consequently American subjects could :iot, on the strength of article II of the conven- tion of April 5-1 7, have made landings on the coast, or carried on hunting and fishing without the permission of our commanders and governors. Thete 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 ' The oxplnniitory note presented Dec. 6, 1824, by Bnron de Tujrll to Mr. Adnnii, reference to vrliich ia made in Mr. Blaine's note to Lord Salisbury of Dec. 17, 1890 (Vol. I, pp. 263, 276), was a result of the rr]K)rt from which the foregoing pnrngrAph ia quoted; and tliiti very jHiragrnph was clearly used as the basis for the explanatory note. 56 THE TREATIES OF 1824 AND 1825. not only that it was made in response to a request of the Eussian American Company for an interpretation of the American treaty, but, what 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 Ihan 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. Treaties reeog- So far, therefore, from the terms of these trea- nized by implication . , . i • • • i . . ,. . rights ciaiinrd by ties revokiiig or hmitiug the jurisdiction pre- Seft. viously exercised 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 high 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 OF 1821 AXD 1825. 57 had stood before the treaties, except that the ex- Trcatie. recog- . , nixed by implioatioii ercise oi these rights by Kussia had now, through rixhu cUimod by . • T 1 • !• 1 • • -Hiissiii over Bering these treaties, received the imphed recognition oi sea. two great nations ; for wliile, by the ukase of 1821, Russia had publicly claimed certain un- usual 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 conspince," Vol. 1, p. 08. 58 THE TREATIES OF 1824 AND 1826. By treaties Russia rolinquiihed largo iwrtion of claimed. With regard to what may be termed the terri- oiisttorial dispute, it appears from an examination of the correspondence and treaties that tlie southern boundary of the Eussian territories was fixed at latitude 54° 40' N., whereby she relinquished a large portion of the Northwest Coast which she had claimed by the ukase of 1821, and that the coasts, interior waters, etc., upon and in which the United States and Great Britain were allowed to trade for ten years without restrictions, were limited on the west by Yakutat Bay and Mount St. Elias; that is to say, that this right was restricted to the coast line, concerning the owner- ship of which there may have been some possible dispute.' The specific declarations in tlie British treaty of 1825 as to the line of coast and water to which access and trade were thus granted leave no room for doubt as to what coast was intended ; and that the above limitation was understood by Kussia is expressly stated by the Minister of Finance in his communication of September 4, 1824, already cited. It may be mentioned here that at the expira- tion of this ten year clause, both the United States and England made strenuous but futile • Art. IV of tlic treaty of 1824 mid ort. VII of the treaty of 1826. Compare art. Ill of the treaty of 1818 between the United States and Great Britain, Vol. I, p. 31. THE TREATIES OF 182t AND 1825. 59 efforts to obtain a renewal of its provisions.' The United States expressly reco, lised that alter 1834 this clause had ceased to be operative, as is proved not only by their course in the case of the Loi'iot^- but more particularly by the fact that ill 1845, at the request of the Russian Govern- ment, they caused to be published a notice,' reminding the owners of American vessels of the prohibition of trade which existed in regard to the coast in question. The jjreat object had in view by tlie Russian Ruwia'* object in ^ , . excluding Bering Scii Government in excluding Bering Sea Irom tlie f'on>off<^»^of fct'C'* ° wns protection of fur effect of the treaties of 1824 and 1825, and also imUutrr. in Hmiting the privilege of access and trade for even ten years to the coast south and east of Yakutat Bay, was obviously the protection of Ihe 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 attending the nego- tiations of the treaties. The Minister of Finance ' The (liplonmtic oorreiipondcncc between the United States and Russia relating hereto in contained in the documents ttccom- panving the nicasago of tlio President of tlie United States to Con- press, December 3, 1838, und in Senate Ex. Doc. No. 106, pp. 223-24G. - Note of Mr. Blaine to Sir Julian Paunccfote, Juno 30, 180O, Vol. I, p. 224. '■> Vol. I, p. 01. GO THE TREATIES OF 1831 AND 1825. ttiHMii'n nb^pct in in liis commuiucalioii of July 18, 1822, to the i-xi'Iuiliiig UeniiR Sea , . . ... fi-oiiieiTtTtof (miti.« board of administration wrote, in view ot u pro- won protci'tion or fur , .11 iNiiiutr.v. posed modidcation ot the xikaso, as toUows : " At the same time I am authorized to assure you that every eflort will be made to secure the adoj)- tion of such rules as will efroetually protect the Russian American (Jonipany from inroads on the part of foreigners upon their vested privilegi's, in strict conformity not only with the privileges granted by highest act, but also with the edict of September 4, 1821." 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 me to repeat that in all these negotiations with England we have recognized, and always will recognize, the paramount importance of ttic interests 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 not iced, to the Minister of Finan(;e, wrote: " I Hatter myself with the thought that these documents will convince you, most gra- cious sir, as well as the board of administration of ' V..1. 1, p. 63. = Vol. 1, i>. r,:>. PKKIOJ) FROM 1825 TO IM^T. the IJussian American Company, that it ifl His .\[ajesty'rt linn deterniinatioii to' protect the Com- pany's iiiterests in the catch and preservation of ;ill marine animals, and to secure to it all the advantages to which it is entitled under the charter and privileges."' PERIOD BETWEBN THE TBEATIBS AND THE CESSION OF ALASKA TO THE UNITED STATES IN 1867. In addition to the foregoing, there is found Rusmh oontinueii r, . Ill • P,r>-.i •*' *''''"'^'*6 control positive coniirmot.cn that by the treaties oi lo24 over UiMing Scu. and 1825 llussia did not surrender her chiim to exclusive control of trade, and especially of the fur industry, in Bering Sea, in the fact that the same control over the waters of that sea was eiil".;rced after the date of those treaties as before. The second charter of the Russian American Third charter of Com[)any, Avhich was granted for a period of twenty years, was confirmed in 1821),- except in so far as it had been modified by the treaties of 1824 and I82.j, and was thus renewed with all its exclusive franchises for another i)f;riod of twenty years ou the 1st day of January, 1842. The new charter will be found in tlie Appendix.' ' Vol. 1, |i. (is. - Vol. I, ).. .>7. ' Vol. I, |). 'J8. Tlic charter wns not itotuully ibc uod until Oct. 14, 1811. 62 PERFOD FROM 1825 TO 1867. Third chnricr of Its fii'.st seotion is Rs follows : " Tlip Russiau Company. American Company, established for trading on the continent of Northwestern America, and on the Aleutian and Kurile Islands, and in every part of the Northeastern Sea, stands under the most high protection of His Imperial Majesty." High Tuiiif iiiaocd After this charter was granted, the Govern- bv Conipuiiy upon . , ' , ... fur-8«ii industrv. ment coutmued to protect the seahng interests of the Company in Bering Sea, and of these the board at St. Petersburg wrote March 31, 1840, to theV.hief manager of the Colonies : " You will bear in mind that we look upon the fur-seal catch as the most important item of our colonial enterprises, which must be preserved at all hazards, even to the temporary neglect of other resources. Everything must be done to prevent a decrease or the extermination of these valuable animals."' And March 20, 1853, the board, in writing to the chief manager of the Colonies, again used similar language in a letter more fully referred to below : *' The board of administration respect- fully requests that, in case the interests of the Company require a deviation from your plans, your Excelliucy will never lose sight of the fact that the interests of the Company are centered at the present time in the district surrounding the 'Vol. I, p. 71. I'Kitittn |.|('»M \H->:> Tit is(i7. (;:> SL'al islands ol' tlu3 I'ribilof and Comnumder Liioiips, and that consequently the colonial waters must ]je visited by the Company's cruisers con- Maiitly and in every part, in order to watch and warn the foreign whalers.' ' The coinniunication iust cited throws luucli , \V'itfr'*i">,tionu'.i •' hy f iii'-MCiUs pill rolU'il liiilit Upon the connnercial activity of the llussian '•> '"""''' <•'•"'*«'>•''• American Company, and may be accepted as indicative of tin; methods Ijy which, during the last term of its charter, it enforced lis control " in the colonial waters " of its inteix'sts " centered at til.! pi'esent time in the district surrounding the ,H'al islands of the Pribilof group." It ap])ears tliat during those years the Company gave em- liloymeut to eight ships in the sununer, and in the winter to seven, without counting its whale ships. lu'fcrring 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 u record of all foreign ships seen during the vo}age, and of llu; position of the same when observed, for the iiifnrmation of conunanders of our armed cruisers and of the colojual authorities in Sitka, Kam- 'liatka, and Avan." In the same letter is contained the following protective scheme, which had been adopted by [315] ' Vol. t, II. 72, 74. fi4 I'KUIOD I.-n'>M l«2'i TO \sr,7 Water* frftqiieiitca the C'omujuiv, and which was to hi; carried out by fiir-H«'iils|mtr(illi"(l _ ' . i)y iirmo 1 criii.-iri. ])y its vosscls duriiig the sumiiicr ol" 18'^4 : " 2. One of the laruer vessels should leave the port of Xew Archaiij^cl (Sitka) for Ayan not later than the 1 ')th of May, io arrive at tin- latter })ort at the end (»f .June. This ship, v;hich must be armed, will cany passengers, stores, and ku})- plies for our Asiatic stations. On the outward vovajje, the course of this vessel should he laid to the northward of the chain of the Aleutian Islands, in order to meet foreign shi])s entering Hering Sea and to warn them againt cruising in pursuit of whales in the vicir.ity of the seal islands of the Priijilof and Conunauder groups. . " 'A. A second small vessel, the swiftest of the fleet, probably the }fni-shikii/, 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 wjiale ships in the southern partof BeringSea and along thechainof the Aleu- tian Island." On this vesst-1 suppli»'s may he for- warded to Copper and Hering Islands and per- haps to Attn and Atka. . . . This vessel must be kept ciiising constantly over the waters mentioned al>ove, and must not enter any of tlw harbors except for tlie purpr>se of obtaining water and wood, on which occasions the stay of the I'Klflon 1H').\! iSL'o TO 1S(J7. 05 vessel must be liiniied to the briefest possible Wuten()(l. Each of the above-menlioned islands 'iV nrmni miiscre. must be visited by this cruiser at least twice dur- iii.LM he season. . . . The eonelusion of this cruising voyage depends upon the time at which thf foreign whale ships leave Bering l^ea, whicii is probably at the end of August or the begin- ning of September. ... '■ '). J'he second large vessel must be employed to supply the islands of the Unalaska district, tlie Pribilof Islands, and St. Michael's redoubt, and also k- curry on intercourse with the coast tribes of Ubnng Sea on the Asiatic as well as o!i the American coasts. . . . J)uring the whole time of the j)resence of this ship in the northern part of Bering Sea and the vicinity of the Pribihjf Islands, the connnander nnist be charged with the duty of cruising in search of f('reign whale ships and of English vessels carry- in;' Oil trade with our savages. This ship, also,. nnist make no prolonged stay at any anchorage, and musi be placed under the command of a naval oflTicer, Avith a crew consisting principally I.!' sailors of the navy. . . "7. The fourth large vessel of the fleet, which niay 1k> used for voyages to Kauu'hatka, nuist also be fitted out as an armed cruiser, and kept in readiness to proceed to any point in Bering fi6 I'KRIOD FROM 1825 TO IHI!". Water* frcquonUHi Se;i or ill Siboriiui waters, from which the pres- hv fur-8i'nl« ]mtrolled i> <• ■ i • 111 I7 urinod eruism. eiice ot loreigii sliips may be reporteil by the smaller vessels in the eourse of the season. . . " In transmitting to your Excellency the above ontljned plan for the employjnent of the colonial ileet, the board of adminifitration respectfully requests that, in case the interests of the Company require a deviation from our plans, your Excel- lency will never lose sight of the fa(.'t that the interests of the Com[)any are centered at the present time in the district surrounding the seal islands of the Pribilof and Commander groups, and that consecjuently the colonial waters nuist 1)6 visited by the Company's cruisers constantly and in every part, in order to watch and warn the foreign whalers, Eor this purpose detailed instructions have been formulated for our cruisers, as well as for the conunanders of the whale ships of the Conqjany, which are obliged to serve in tlie capacity of cruisers when engaged in whaling in Bering ^ea. In all cases, the connnand of a vessel under orders to cruise in colonial waters must be given to naval oflicers, who will thereby iind an o[)|)ortunity to make themselves ac- quainted with the routine of colonial trans- actions, v'hile at the same time their rank will give authority to our proceedings."^ Vol, I, p. T^ PlCRlOl) FROM 1825 TO 18C7. (57 riuler date of Jimf! 20, ISGI, the chief man- FuhIlt inMim- ticns U3 to cruiaitig. ;i_L'or of tlie Colonies wrote to Benzeman, of the liiil)erial navy, conunanding tlie steamer Alcx- ituder the Second, in part, as follows : " It has rome to my knowledge that in the jiresent year two whaling vessels have sailed from ^^an Fran- cisco for the purpose of trading on the Pribilof Islands or of hnnting in their vicinity. Conse- (|ucntly I wonld snggest that during your pres- ciu'o in those waters you will exercise the duties of an armed cruiser, to prevent any unlawful iicis on the part not only of these vessels, but of any others wliich you may find in Bering Sea."^ Lastly, there was issued from Sitka in the year VivHiiinnitioii of ]h(>4 tiie toliownig proclamation: "it is hereby Russian territory and Till- " "''''^''*- pidclanned to all whom it may concern, that if any person or persons after reading these pres- ents does not immediately abandon Kussian ter- ritory or waters, or if they continue forbidden trade or traffic, they shall be seize! immediately upon the arrival of the first Itussian vessel upon till" scene of their illegal transactions and taken for trial to Xew Archangel (Sitka) ; and all goods, as well as the vessel found in possession of such pcrsiiiis, shall be confiscated."- ' Vol I, p. 74. -Vol. 1,11.80, C8 I'KKIOI) I'KOM 18:ij TO lH(i7. Wlmliiin ••omi.aiiy Tu I 8 ')() tllOri! h.'ul bccU glMlltcd to lll(! liUSSO- (iriili il)it I'd friim viMiiiiK «iitiri fro- Fimiislj Wliallni,' Company a caarter which pon- i|iifiiti'il liv fiir-si'iiU. tained the followinif provision : " The shij)S of the; Whaliiijf Company entering the ports of the Rus- sian Ameri < a Company are sr.bject to harbor reu'iihitions established for tlie guidance of all shipping, but they nuist not anchor or cruise in waters where the presence of ships or the pursuit of whales may alarm any marine animals or inter- fere with the regulations of the Company for their protection and increase."' While the foregoing only purports to be a munici[)al regulation, yet it is useful as furnish- ing another illustration of the constant ])rotection which the Hussian Government extended to its seal herds, ivii.xi in)m 1802 The third charter of the Kussiaii American tu IS67. Company expired in 1S()2, but the Company nevertheless continued to operate under it pend- ing the decision of the question of its renewal for another term. With regard to the latter it was at iirst, iu 1 805, decided to extend the Company's privileges only to th.e vogion about leering Hea ;- but the following year it was determined by the Council of Slate, in an opinion which will bu ' Sec. II, § 11. Tiif full text of tin- clmilcr will be fDuiul in Tiklmioiiief, Vol. II. npp. |i. 1 el sci/. • Letter from tho l)e|)nrtiiieiit of I'oiiniiercc imd Mniiufiiotureo to llio lioiiril, .Iiitie 10, ISB'i, I'ohliiiiiin^ i-epoft of tlie ^Ulli^»tol• of Fiimiirc, Vol. I, j>. 7o. I'KHIDl) FROM 1825 TO I8(i7. ()9 .!•.'(. I bu roiiiul 111 1(11111(1 ill tlu! Appendix,' that "the exclusive right iVri.Ki iiom ista 1)1 the Company to ongagein tlie fur trade tiirougli- (tiit the entire colonial territory shall be con- I iniied." No now charter, however, was granted, ^i\Y the year following witnessed the transfer of the territory of Alaska to the United Slates. l''roni the foregoing histori'.'al review itappears: coii.'im from ,,. ri'i • T 1 1 /• 1 fon'goiiig review. rnvit. Ihat prior and np to the date of the treaties of 1824 and 1825, Kussia did assert and exercise exclusive rights of connneree, hunting, and fishing on the shores and in all the waters of leering Sea. Second. That the body of water known as- Ik-ring Sea was not included in the phrase •• racific Ocean," as used in the treaty of 1 825. Third. That after said treaty of 1825 the Kus- siiin Crovernment continued to exercise exclusive jiiiisdiction over the whole of Bering Sea up to the time of the cession of Alaska to the United Slates, in so far as was necessary to preserve to the liussian American Company the monopoly of the fur-seal industry, and to prohibit the taking iiu tlie land or in the water by any other persons IT toinpanies of the fuf-seals resorting to the IVihilot' Islands. Fourth. That before and aflfU' the treaty of 1 S_'."), ;iiid up to the dale of the cession of Alaska ' Vol.-T. p. 79. 70 CESSION OF ALASKA [() tlu' riiitod States, Hritish subjects and JlriiisU vessels were prohibited from entering Bering Sea to limit fur-seals, and that it does not appear that the British (fovernment ever j)rotest»jd against the enforcement of this prohibition. «••«. ii CESSION OF ALASKA TO THE TTNITED STATES BY THE TREATY OF 1867. R.i«iii .'..i.'.! to (Jn March 30, 1867, the (governments of the riiilfcl Sliiti'M a j)or- lion of ii.riiit; s.ii. United States and IJussia celebrated f. treaty, No oliji'ftioii imrlc. whereby all the possessions of Itussia on the American continent and in the waters of Bering Sea were ceded and transferred to the United States.^ This treaty, which, prior to its final con- summation, had been discussed in the Senate of the United States- and by the press, was an as- sertion by two great nations tliat Russia had heretofore chiimed the ownershii) of Mering Sea, and that she had now ceded a portion of it to the United States; and to this assertion no objection is ever known to have been made. noiiMiiiirifs of tor- Article I of this treaty establishes the bonn- rilorv coaecl. (laries of tlie territory ceded. It takes for the eastern boundarv the line t)f demarcation ' Vol.1, p. 43. - Jlimcn Kx. Doe. Xo. 177. l'';>rlii'lli Congrp-«, scfond si';.siiiii. ))| ].l\il Ml/. TO THE IXITKU STATES. 71 lu'iwcc'ii llio liiissiau and the IJritisU possessions BoumiupiPi of tcr- ritory ceded. ill N(»itli America, as tijat Inic was cstao- iislicd l)y the Hiitisli-liussian treaty of 182').' On I lie west the lino of deniarcation is stated as follows: "The western limit, within which the territories and dominion conveyed are con- I lined, j)asse.s throngh a point in Behring's St I ails on the parallel of sixty-five degrees ihirty minnles north latitnde, at its intersec- tion hy the meridian which passes midway between the Ish-viid of Krusenstern, or Igna- iook, and the Island of UatmanofT or Noonar- l)ook, and proceeds due north, without limita- tion, into the same Frozen Ocean. The same western limit, lieginning at the same initial point, proceeds thence in a course nearly southwest, iliroiigh Behring's Straits and Mehring's Sea, so ;is to pass midway between the northwest pt)int of the island of St. Lawrence and the southeast point of Cape Choukotski, to the meridian of one luuidred and seventy-two west longitude; thence, IVom the intersection of that meridian, in a south- westerly direction, so as to pass midway between I lie island of Attn and the Copper Island of the K'oniandorski couplet or group ii: the North I'aeilic Ocean, to the meridian of one hundred ;ni(l ninety-three degrees west longitude, so as to » Vol. I, p. 39. 72 IKSSION OF ALASKA (Vnwiiiii iiiiiiK'ii:i- bi'i'i'd. include in llic ferritorv convciNcd tlic whole of the Aleutian Islands east of that nicridian." Article VI contains the foriowin<» stipulation ; "The cession of the territory and dominion herein made is hereby declared to ho free and unincumbered by any reservations, privile;,'es, franchises, grants, or possessions by any asso- ciated companies, whether corporate or incorpo- rate, Russian, or any other, or by any parties, except merely private individual property hold- ers ; and the cession hereby made <'onveys all the rights, franchises, and privileges now belong- ing to llussia in the said territory or dominion, and appurtenances thereto." The conclusion is irresistible from a mere reading of this instrument that all the ri %/VV '/ s Photpgrapaic Sciences CorporatioR 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 A 74 CESSION OF ALASKA Vaiiir (if fill's Pribilof Islands, on account of the ^roat Avealth tiilteii prior to ces- sion, derived from their annual h? "vest of furs, speaks of r.ieni as the "golden islands.'"^ The tables wliicii will be found in the Appendix" set forth the vast quantities of fur skins Avhicli were ex- jjorted from the Colonies during the period of the llussian occupancy and how greatly they ex- ceeded all other sources of revenue of the Eussian American Company. Their value well Their value was well known to the American known to American negotiators, and Hie negotiators of the treat}' of 1867, and while it chief inducemenf for purchase of Alaska, must be admitted that political considerations 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- ' larsrequired by Russia for the cession andtransfer of her sovereign rights and property. ' Veniaminof, Vol. I, p. 277 : " These islands might be called t/olden on account of tlie high value of fur-seal and sea-otter skins shipped from there from their di'covevv up to the present time and of tlieir promise for the future. ' ' • What an immense capital is repre- .■ as to the value of the fur-seal industr}' and its right to protect it within the territory ceded by liussia in the Treaty of 1867, by an examination of the legislation of Congress enacted inunedi- ately after the transfer of this territory, of tlie acts of the Executive in carrying out this legis- lation, and of the decisions of the United States courts in regard to both. Actionof Congress. By scctiou 1 of the act of July 27, 1868, 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 Eussia 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, or PKRiiiD sixcp: the cessiox. 79 (ither fiir-beariiig animal, witliiu the limits oi'saitl A.ti.mofConeivss. territory, or in the waters thereof. . . ."' That the waters above referred to were those of the eastern half of iiering ISea not only appears from the language of the treaty itself, but also IVom Mr. Sumner's definition of this language publicly given in the Senate of the United States. In the speech already cited, in describing the line 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 h s boundary as " our part of Bering Sea."*^ ' Tlie above sections have been respectively incorporated into the Ttevised Statutes of the United States us sections 1934 and 195(i, Vol. I, )). 05. ■^ House Ex. Doc. No. 177, Fortieth Congress, second -cesion, at p. 12.). Following are extracts i'roiu the above speech : "f. tartingfrom tlie Frozen Ocean, tlio western boundary descends Ilehting Straits )iii(hvav between the two islands of Kniseastcrn and Katmanol', tothn ])i\riillel of IJ5" 30', just below where the continents of Anierien and Asia !i])proaeh each other tlie nearest ; and from this point it proceeds in a course nearly southwest through Bohring .Straits, midway be- tween tlie island of St. LawrenecandC'iipeC'houliotski, to llic meridian of 172" west longitude, anil thence, in a southwesterly direction, tniver.singUehring Sea, midway l)etwefn the island of Attn on the cMsl and Copper Island in the west, to the meridian of 193° west Idugitude, leaving the prolonged group of the Aleutian I>lands in the linssessions now transferred to the United States, and making the western boundary of our country the dividhig line wliich sepai'atcs Asia from America." « * * * * ' " In our part of Behring Sea there arc five considerable islands, the liu'gost of which is St. Lawrence, being nuu'e tlian ninety-six miles loni'." ,,,■•■ ■ ' . [315] Q 80 I'I'l.'iMl) SINCK illK ( I'i.SSlON. AtionofCoiiiriv^-:. Jly tlie act ol' Murcli o, 1869, Congress pro- vided "That the islands of St. I'aul and St. rieorce, iu Alaska, be, and they are hereby, de- clared a special reservation for Goveruuient pur- poses ; "^ and on July 1, 1870, an act of Congress was approved, entitled "An Act to prevent the extermination of fur-bearing animals iu Alaska,"- partieular reference being liad to the fur-seals of the Pribilof Islands. \W the use of the term '"in Ala;4 .i"'iu the two foregoing acts, Congress clearly recognized the fact that Bering Sea was a part of the territory of Alaska, for the islands therein referred to are situated at a distance of two hundred utiles from the mainland. iii(. 'J'lie executi\-e branch of the United States Government, in carrying out the foregoing con- gressional legislation, has uniformly held that the United States have authority to protect their sealing interests throughout that portion of Ber- ing Sea contained within the western boundary referred to in the treaty of 1867. On the 12th of March, 1881, the Treasury De- partment so interpreted the law in a letter w.itten to Mr. I). A. Ancona, collector of customs at San Francisco.'' Speaking of this western boundary, Action Exppiitive. ' Vol. I, p, 02, (15 Stnt., 348.) - Vol, I, II. 02, (10 Stilt., 180.) •' Vol. r. 11. 102. PRRIOI) SI.VC'K lirK CKSSIdN. 81 It. is said: "All the waters within that boundary ^Action of tho to the western end of the Aleutian Archipelago """"""'" and chain of ishmds are considered within the waters of Alaska Territory. ' All the penalties prescribed by law against the killing of fur-bear- iiig animals would, therefore, attach against any violation of lawwitL'a the limits before described." This decic'.on was confirmed l)y the Treasury Department April 4, 188 1 , and again on March (i, 188(J, 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 jiddressed to you, inasmuch as it is understood that certain parties at your port contemplate the fitting out of exj.editions 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 proN'ision of law referred to.'"' ISince the year 1867 the Treasury Department Eevenuo cutto,-. lias, every year, with a single exception^ sent one to protect f.ii-s,.,>i or more revenue cutters to Bering Sea for the purpose of guarding the interests of the United States centered there," including the protection ' Vol. I, p. 103. "- Letter of the Secretary of tlie Treasurv to the Secretary of State, J»ly 13, 1892, Vol. I, p. 110. [ai5] G 2 ri;!!ioj) SI NCI', Till-; ci-.^siov. v.-ssi'is M'heiX ill ul' I'lir seals against iufractious of the law relating ]HS(i, 111(11. S87. , T , , . , I 1 to them ; and tnat tins law was not regarded as a cl\id letter is attested by tlie tact that in 1880, prior to which time vessels had not entered iiering Sea in any numbers for the purpose of pelagi(! sealing, there were seized in those waters four ^•essels, three of them British, Avhile in the follow- ing year there W;;re seized fifteen vessels, of which six were British ; the foregoing vessels, with a single exception, being found at a distance greater than three miles from any laud,' In 1888 unofficial assurances were given to the British (joverniuent that no seizures would be made ; for at that time negotiations were being carried on looking to an amicable adjustment of the points at issue with regard to Bering Sea.* ]iy act of March 3, 1889,^ Congress in effect ratified the interpretation heretofore made by the J'lxecutive as to the boundary of the United States in liering Sea, as w^ell as the seizures of vessels made under its orders in the years 1880 and 1887. This is apparent both from the language of the act and from the debates which jireceded its enactment. Its third section is as follows: "That section 1956 of the Eevised Congivss viitifics nplioii (if Kx('('iili\o. ' TiiWp of vessels seized in Bering Sea, Vol. I, p. 108. - Mr. KiUviii-du-( to .Vl!-. Ulaine, Vol. I, p. 199. •' Vol. I, )). herds at one another known neral."* 878 has Aleutian ^ in the he does s in the ,nd Attn Island.' Between parallels 174° west and 175° Docs not mingle with Uussinn herd, east seals are seldom seen,^ and only a few scat- tering ones are seen at long intervals in the neighborhood of Attn Island, which probably, from the course in which they are traveling, are members of the Commander herd.^ Pud Zaotohnoi, one of the native chiefs of the Aleuts of Atka Island, says : " The fur-seal is only rarely seen about this region, scattering ones being seen occasionally during the months of September, October, and November, traveling from the northward to the southward through the passes between Atka and Anilia islands. Those seen are always gray pups, and usually appear after a blow from the northeast. The most I ever saw in any one year was about a dozen ... I have never seen large bulls or full grown fur-seals in this region.* These gray pups are the young born that season, which having left the islands in the autumn are driven out of their course by the storms, being unable to battle against the waves as the older seals do. A further evidence that seals do not frequent the waters between the parallels of longitude men- ' Charles J. Hague, Vol. II, p. 207. - Artliur Newman, Vol. II, p. 210 ; 0. H. Anderson, Vol. II, p. 205. ' Eliah Prokopief, Vol. II, p. 215 ; Filaret Prokopief, Vol. II, p. 21(; ; Samuel Kahoorof, Vol. II, p. 214. ' A'ol. II, p. 213 ; Knssinn Gorloi, Vol. IT, p. 212. p-il.')] H 2 98 HABITS OF THK ALASKAN HKAL. Does not niingio tioued is tlic fact that sealing vessels are seldom with Kusijiaii herd. seen in those regions, and never remani any length of time/ ciiwsiflctttion. In considering the habits of the Alaskan sea" the herd will be divided into four classes, based upon age and sex. First. The pups, or pup seals, being the seals of both sexes under one year of age. Second. The bulls, or " sekatchie," being the male seals from six or seven years old upwards, which are able to maintain themselves on the breeding grounds. Third. The cows, or" matkie," being tli emale seals over one year old. Fourth. The bachelors, or " hoUuschuckie," being the non-breeding male seals, their age rang- ing from one to five or six years. All references hereafter made to seals, unles-; specifically stated to the contrary, pertain to the Alaskan fur-seal, and all mention of rookeries refers exclusively to those located on St. Paul and St. George islands of the Pribilof group. THE PUPS. f . . Birth. The pup is born on the breeding grounds during the months of June or July.- Its birth ' Eliah Protopiof, Vol. II, p. 215 ; Knssinn Oorloi, Vol. II, p. 212. - T. F. Morgan, Vol. IT, p. CI ; Snmupl Falconer, Vol. II, p. 164. TUK PUPS. 9» usually occurs within a clay or two after the uirtu. mother seal arrives on the islands,' and often within a few hours.'^ A young seal at birth weighs from six to eight pounds, its head being al^normally large for the size of its body \^ it is almost black in color, being covered with a short hair, which changes to a silver-gray color after the pup learns to swim/ These two grades of pups are distinguished by the names "black pups " and " gray pups." The coat of hair is its only covering, the under coat of fur not being found on the new-born seal.'* For the first six or eight weeks of its life the inability tu swim, pup is confinod entirely to the breeding grounds, being unable to swim." Mr. Thomas F. Morgan, for nearly twenty years located on the Pribilof Islands as one of the agents of the lessees, states that he has often seen young pups washed off by the surf and drowned.' Dr. W. L. Hereford, for many years resident physician on the Pribilof Islands, relates that a pup being found which ' Clmrles Bryant, Vol. II, p. 4. - Charles Bryant, Vol. II, p. 4 ; J. Stanley Brown, Vol. II, p. 13. Anton Jlclovedoff, Vol. II, p. 14* ; J. C. Kcdpath, Vol. II, p. 148. ■' Diiuiel Webster, Vol. II, p. 180 •, , | ,. . , ; .; , , ^ ' yamucl Folconer, Vol. II, p. IC). ■■'J. U. Moulton, Vol. II,p. 72. " Anton Mclovcdoff, Vol. II, p. 144 ; Aggio Kusbin, Vol. II, p. 129 ; ICarp Biitcrin, Vol. II, p. 101; John Fratis, Vol. II, p. 108; Article by l)r. Allen, Part III, Vol. I, p. 407 ; Daniel Webster, Vol. II, p. 180. ' Vol. II, p, 61. 100 HABITS OF THE ALASK.VN SEAL. inabiiiij to swim, had lost its mother, was placed near the water's edge in order that it might swim to an adjoining rookery and perchance find its parent. " Daj after day " he continues, "this pup was watched, but it would not go near the water, and neither did its mother return. After several days or so, a new employe of that season only, and knowing nothing whatever of fur-seal life and habits, coming along that way and finding the pup in the grass, thinking probably that he had gotten lost from the other side, took him up and threw him into the water, with a view of giving him a chance of swimming back home. It was mis- taken kindness, however, for he was immediately drowned."' Dr. H. H. Mclntyre, for twenty years on the islands as superintendent of the Alaska Commercial Company, and who has made the seal habits and industry a life study, states " that it should be particularly noted that they (the pups) are not amphibious until several weeks old."'- Mr. J. H. Moulton, who was assist. ant Treasury agent on the islands for seven years, states that he " has seen pups thrown in the water when their heads would immediately go under, and they would inevitably drown » ' Vol. II, p. 34. 3 Vol. II, p. 41. TUE PUPS. 101 if not rescued.'" The fact that they are unable inability to snim. to ^wim is further evidenced by their manifest ' '■ dread of the water. Mr. J. Stanley Brown, a scientist detailed by the United States Govern- ment to investigate seal life on the Pribilof Islands, says: "The pups are afraid of the water ; they have to learn to swim by repeated effort, and even when able to maintain themselves ill the quiet waters will rush in frantic and ludi- crous haste away from an approaching wave."- Capt. Bryant, Treasury agent in charge of the Tribilof Islands from 1869 to 1877, and who previous to that had been a whaling captain in Bering Sea, says: "They run back terrified whenever a wave comes m.'" He is supported in tliis statement by Mr. Samuel Falconer,'* Gen. Scribner,'^ and Mr. Wardman, who have been Treasury agents on the Pribilof Islands, the latter adding that "young pups can not be driven into the water by man, and when I tried to drive them in before they had learned to swim, they would immediately run back from die water." ' Vol, ir, p. 72. « Vol. II, p. 16. * Vol. II, ,,. 5. ' Vol. II, p. 104. * Vol. II, p. 89. " Vol. II, p. 178. 1 02 UABITS OF TUE ALASKAN SEAL. Aquatic bii'tli iiiv pojsiblo. In view of the foregoing circumstances, it is clear that it is an impossibihty for a pup seal to be born in the water and live ; this is confirmed by the statements of all those who have studied into or had experience with seal life ;' and is well known to be a peculiarity of all Pinnipedia." Prof. W. H. Dall, a recognized authority on all Alaskan matters, states that a pup born under such circumstances would unquesbionably perish, and further adds that "when it is the habit of an animal to give birth to its young upon the land, it is contrary to biological teaching and common sense to suppose that they could successfully bring them forth in the water."^ Mr. Stanley Brown, in considering this question says : " Were not the seals in their organs of reproduction, as well as in all the incidents of procreation, essentially laud animals, the fact that the placenta remains attach- ed to the pup by the umbilical cord for twenty- four hours or even more after birth, would show the impossibility of aquatic birth. I have seen pups dragging the caul over the ground on the third day after birth. Even could the pup stand •T.F.Morgan, Vol. 11, p. 62; Charles Uryant, Vol. II, p. 5; Kovric'k ArtoiimnulT, Vol. IT, p. 100. - Appendix C, Bcport of Aiuoricun Boring Sea Coiumissiouers, jjos<, p. 327. » Vol. II, p. 23. THE rups. 103 the bufietincf of the waves it could not survive Aquatic birth im- sucli an anchor. No pup could be born in the water and live."^ To these unqualified state- ments of experts and scientists are added those of a large number of Indians and seal hunters along the American coast, and an instance which took place during the Russian occupation puts the impossibility of pelagic birth beyond ques- tion. The following is an extract from a letter dated ,June 20, 1859, by the manager of St. I'aul Island addressed to the chief manager, and inclosed in a letter dated May 13, 1860, from Capt. Ivan Yassilievitch Furuhelm to the board of administration of the Russian American Company: ' • ■' - " The female seals came this year in May at the usual time after the ' sekatches ' had landed. Only a few had come ashore when, with a strong norlliwest wind, the ice came from the north. It closed around the islands and was kept there by the wind for thirteen days. The ice was much broken and was kept in motion by the sea. " It is an actual fact, most gracious sir, that the females could not reach the shore through the ice. Some of the Aleuts went out as far as it was safe to go on the larger pieces of ice and they saw the water full of seals. When the northwest possib'e. ' Vol. 11, p. 15 J Article by Dr. Allen, Purt III, Vol. I, p. 400. 104 UABITS OF THE ALASKAN SEAL. Birtli on kelp bcils iiiipossibic. gale ceased the ice remained for nearly a week longer, being ground up in the heavy swell and no females could land. A few ' sekatches ' tried to go out to sea but did not succeed. On the 10th of June the first females began to land, but they came slowly, and it was very late when the rookeries began to fill. Very few of the females, no more than one out of twenty or twenty-five, had their young after they came ashore. Nearly all must have lost them in the water, as for many weeks since the ice went away the bodies of young seals have been washed up b)^ the sea in thousands. This misfortune I must humbly report to you. It was not the work of man but of God."^ These statements also apply to birth on beds of kelp, or seaweed, for a new-born pup would undoubtedly be washed from such a resting place and perish. Andrew Laing, a seal hunter of long experience, who was examined by Mr, A. E. Milne, collector of the port of Victoria, British Columbia, states on such examination : " I have heard a great deal of talk of females having young on the kelp, too, but I don't tliink that it is so. Some hunters report of seeing pups off Middle- ton's Island, but I thhik that it is impossible." ' Vol. I, p. 86. THE PUPS. 106 He further stated that he did not tliink they could Birth on koipbcis live coiitiiiually in the water if born in iO i"'P°«^ibio. When the pups are from four to six weeks old Podding, they gather together on the breeding grounds into groups called " poda."^ This act is called " podding." The " pods " by degrees work their way down to the water's edge and the pups begin to make use of their flippers.^ Trior to this time the flippers have been used entirely for locomo- tion on land. The pup's manner of locomotion has been Locomotion on variously described as being similar to that of ''""'' the pup of a Newfoundland dog"^ or of a young kitten.5 The difference between the modes of locomotion of the pup and of the older seals is well seated by Mr. J. H. Moulton. He says " that it (the pup) uses its hind flippers as fees running on them in much the same manner as other land animals, Avhile a seal that has learned to swim drags his hind flippers, using his front flippers to pull himself along."" ; British Blue Book, U. S. No. 3 (1892), C— 6635, p. 184. - Report of American Bering Sea Commissioners, po.it, p. 327 • J M^anky Brown, Vol. 11, p. 16; U. U. Mclntyro, Vol. II, p. 41 Cliarles Bryant, Vol. II, p. 5j H. W. Mclntyre, Vol. II, p. 136-' J. C. Kodpath, Vol. II, p. 148. ' f , ' J. Stanley Brown, Vol. 11, p. 16 ; II. H. Mclntyre, Vol. II, p. 41 . Cliarles Bryant, Vol. II, p. 5. ' ' J. Stanley Brown, Vol. II, p. 15. ' Samuel Falconer, Vol. II, p. 164. " Vol. II, p. 72. T*" /""T'" "l-I^HPIV" 10(5 IIAUITS 0L> THE ' LASKAN SEAL. Loarninsioswiiii. Tliciti are two methods by which a pup learns to swim. One is by a " pod " of pups getting near tlie edge of the water and finally, after repeated eflbrts, acquiring the use of tlieir flippers.^ Andrew Laing, already mentioned as one of the seal hunters latety 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, after several trials, it becomes able to sustain itself.^ from After learning to swim the pup spends its time on laud 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 the weather." Dcpcndoncc upon During the entire time the pups remain upon its mother. . the islands they are dependent solely upon their Departure islands. ' ir. II. Mclntyro, Vol. II, p. 41 ; J. Stanley Brown, Vol. II, p. IG j T. F. Morgan, Vol. II, p. 62. 2 British Blue Book, U. S. No. 3 (1892), C-6035, p. 184. 3 Samuel Falconer, Vol. 11, pp. 101-165 j Cliarlcs Bryant, Vol. II, p. 5. * Charles Bryant, Vol. II, p. 5 ; H. II. Mclntyre, Vol. II, p. 41 ; T. F. Morgan, Vol. II, p. G2 ; Anton MolovcdofT, Vol. II, p. n4; Daniel Webster, Vol. II, p. ISO. ■' II. II. Mclntrye, Vol. II, p. 41 ; Charles Brynnt, Vol. II, p. 5 ; Aggie Kushin, Vol. II, p. 130 ; C. L. Fowler, Vol. II, p. 25. >' II. II. Mclntyre, Vol. (I, p. 41 j Charles Bryant, Vol. II, p. !>; Anton Molovcdoff, Vol. II, pp. 144-145 ; John Fratis, Vol. II, p. 108. THE BULLS. moiliors for sustenance. ^ Prof. Dull says that the Depondonco upon "pups require thenourishmentof theirmothers for ' ^ "'" ""^" at least three to four months after birth, and would • perish if deprived of the same."^ Others fix the period of weaning at at least four months.^ Others say that the female seal suckles her vouuf^f as long as it remains on the islands.* All agree that with- out this nourishment the pup would starve to death, and Dr. Hereford gives an account of en- deavoring 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 can exist several dayswith- out food," and demonstrates the wonderful vitality of the species. • , i ; THE BULLS. r The bulls are the male seals from five or six to twenty years of age,^ and weigh from four to seven hundred pounds.® . - ; ' J. C. Ecdpath, Vol. IT, p. 148. - Vol. II, p. 23. •' J. Stanley Brown, Vol. 11, p. 16; J. H. Moulton, Vol. II, p. 72. ' Samuel Falconer, Vol. II, p. 165 ; Charles Bryant, Vol. II. p. 5. ' A'ol. II, p. 33. '• W. S. Hereford, Vol. II, p. 33 j Nicoli Kruloff, Vol. II, p. 133; Korrick Arlomanoff, Vol. II, p. 100. ■^ n. 11. Melntyre, Vol. II, p. 43 ; Charles Bryant, Vol. II, p. C. *" Report of American Bering Sea Commissioners, j^onf, p. .325 ; .Samuel Falconer, Vol. 11, p. 166; U. 11. Melntyre, Vol. II, p. 58. 108 lIATlITa OK THE ALASKAN SEAL. Arrival at uiavh. Tliey airive on the breeding grounds in the latter part of April or first few days of May,' but the time is to a certain extent dependent on the 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- fry 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.' 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 breedinggrounds." The great majority, however, ' Appendix B, Keport of American Bering Sea Commissioners, posl, p. 385; J. Stanley Brown, Vol. II, p. 13 ; Kicoli Krukoff, Vol. II, p. 133; John Fratis, Vol. II, p. 108 ; J. C. Redpnth, Vol. II, p. 148; C. L. Fowler, Vol. II, p. 25. - Daniel Webster, Vol. II, p. 180. •' Report of American Bering Sea Commissioners, pout, p. 325. ■• J. C. Redpath, A'ol. II, p. 148. •'■ Report of American Bering Sea Commissioners, posl, p. 325 ; II. II. Melntyre, Vol. II, p. 43. " Anton Melovcdoff, Vol. II, p. lU; Aggie Ktishiii, Vol.11, p. 120; Nieoli Krukoil", Vol. 11, p. 133; John Frutis, Vol. II, p. 108; C. L. FowK-r, Vol. II, p. 25.' Arrival cows. tjip: bulls. 109 (la not haul up until the latter part of June ;' and Amvui oi tUo cows, the arrivals continue until the middle of July." Each bull, being polygamous, gathers about OrKanizniion of liim 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 Agent 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 Powers of fcHiii- of fertilization 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 says from seventy-five to one hun- dred ;" and Gen. Scribner affirms it as his opinion that a bull could fertilize a hundred or move cows;^ and he is supported in this by Capt. Daniel Webster, who, as agent of the lessees, has ' J. Stanley Brown, Vol. II, p. 13. - Anton Mclovedoff, Vol. II, p. 144. ' J. Stanley Brown, Vol. II, p. 1-1; T. F. Morgan, Vol. IT, p. 03. ^ J. Stanley Brown, Vol. 11, p. It; Charles Bryant, Vol. II, p. «. 'Vol. II, p. 177. "Vol. II, p. 6. ' Vol. II, p. 80. no IIAniTS iW THK ALASKAN SKAL. Coition. Powers of fcHii;- resided Oil the ishuuLs for over twenty-two years, and who prior to that time liad lieeii actively engaged in the sealing indusliy.' Dr. Allen thinks a bull is able to serve from forty to sixty cows.'- Mr. Samuel Falconer states that a bull is capable of fertilizing at first six to eight cows a day.=' The act of coition takes place upon land, which, by reason of the formiilion of the genital organs, is similar to that of other mammals.'* It is violent in character, and consumes from live to eight minutes.'' Copulation 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 hundred and twenty pounds) she would be entirely submerged and would ])e 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. IT, p. 183. = Articlo 1)j- Dr. Allen, Part III, Vol. I, p. 407. ' .. ' v.; * ' 3 Vol. II, p. ICG. ■• Report of American Bering Sea CoraraissionerB, post, p. 327 ; J. Stanley BroMn. Vol. II, p. 14. '' Report of American Bering Sea Commissioners, 2)ost, p. 323 ; J. Stanley Brown, Vol. II, p. 14. " Vol. II, p. 14 ; Vol. II, p. 42 ; J. M. Morton, Vol. IT, p. G7. THK BILLS. HI luuler the most favorable circumstances. Uii- Coition. tloubtedly the sea otter, whose habit of pelagic coition is well known, has often been mistaken lor the fur-seal, which has resulted in many believing that the latter copulate in the water.' Mr. Falconer, although he does not affirm that the act of reproduction is impossible in the water, states that he does not believe it could be effect- ual, and that it would be most unnatural.'- Dr. Allen, in considering this question, after giving an account of the jealous guardianship of the bull 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 seraglio system, so well established, not only in the case of this species, but in all its aUies, would not be the one striking feature in the Kexuiil economy of the whole eared-seal family, wherever its representatives are found."' During the entire rutting season, which lasts for i'»»t\ng, at least three months, the bulls remain constantly upon the breeding grounds, never leaving their positions, and never eating or drinking, and sleeping very little.* ' Article by Dr. Allen, Part III, Vol. I, p. 407 ; J. Stanley Brown, Vol. II, )). 15. ■ Vol. II, p. 165. ' Article by Dr. Allen, Piirt III, Vol. I, p. 407. * T. F. Morgan, Vol. II, p. 63 j Charles Bryant, Vol. II, ]>. ti. [315] I 112 HAIUTS OF TIIK ALASiKAX SKAL. Diaor){iiiii/.Hli(iii ul' Die rookcrii's. Dcpni'lure VitulJtj. After all the cows have been fertilized and the pups begin to form into " pods," the order formerly existing on the breeding grounds gives place to disorder. The bulls no longer restrain the cows in their movements, and the rookeries become disorganized. ' Some of the bulls at this tinie (about the 1st of from August) bcgiu to leavc the islands, and continue going till the early part of October.'- They are very lean and lank after their long fast, but tlio following May return to the rookeries as thickly enveloped in blubber and as vigorous as the former season." The bull seal nnist necessarily possess almost unsurpassed powers of vitality and virility to remain for such a period without nourishment of any sort, and still be able to fertiUze so many females. ...... The cows or breeding female seals are much smaller than the bulls, the averace weight being ' J. Slniilcy lirowii, V 1. I'., p. 16; T. ¥. Morpiin, Vol. II, p. (J3; A^'^^e Kiixhiii, Vol. 3», ji. .',«); Jolm Friiti.s Vol. II, p. 108. - II. n. McFiitYrc, Vol. II, p. ^2 ; Siiiiuu-1 Fnlcoucr, Vol. II, p. I(i6; Anton M(-!ov.'il»(T, Vol. II, p. Ul; Aggio Kuskin, Vol. II, p. Vl'.l. •' T. F. Mocgiin, Vol. II, p.filij ir. II. Mclnlvro, Vol. II, p. 415 j J. C. KcdpiiCi, Vol. II, p. 1 IS. ' ■ (1 . I • . . .1 IZ .-: '--!■»:; THE COWS. 113 less than one hundred pounds ; the age of |)iilierty is probably two years." The exact '\ge which is reached by a cow is ^gp necessarily a matter of conjecture, but micro- sopic examinations under the direction ofCapt. Bryant showed that some of the older females had borne at least eleven to thirteen pups.- It is therefore safe to say that a cow lives to be at least lifteen years old. After p. cow lands on the rookeries and is delivered of her pup she is jealously guarded by the bull to whose harem she belongs, until auain fertilized,^ which probably takes place within two weeks.* The exact period of gesta- tion is not definitely known, but is believed to be about fifty weeks. '^ A cow produces but one pup at a birth," and Mr. Falconer adds that " two at a birth is as rare an occurrence as a cow to bring forth two calves/" and that during his entire experience of seven years he never heard of this happening ' ir. ir. ilcIntjTP, Vol. II, p. 42; Sainiifl Fulcouer, Vol. II, p. 165. ■Vol. If, p. 6. ■'J. StPiilc.v Brown, Vol. II, p. 15. ' Simuul Falconer, Vol. II, p. 165. ' Rcpji'l of Amoriean Bering Seiv Commissioners, post, p. 326. " W. 11. Ball, Vol. II, p. 24 ; T. V. Morgan, Vol. II, p. 63 ; II. W. Mcliitviv. \o\. II, p. 136 ; Kerrick Artomanotf, Vol. II, p. 100. Harem life. Xuiiilier at a birtii. lif plljlit [oluj I 2 114 HABITS OF THE ALASKAN SEAL. Number of pups but once.' The young at birth are about equally St a birth. T .J J - 2 divided as to sex. A cow as soon as a pup is brought forth begins to give it nourishment,' the act of nurs- ing taking place on land and never in water/ and she will only suckle her own offspring. - This fact is verified by all those who have studied seal life or had experience upon the islands." Mr. Morgan says : " The pup does not appear to recognize its mother, attempting to draw milk from any cow it comes in contact with ; but a mother will at once recognize luu' own pup and will allow no other to nurse h/;r. This T know from often observing a cow fight off other pups who approached her, and search out her own pup from among them, which I think slie recognizes bv its smell and crv."' Mr. Falconer savs: "A mother will at once recognize her pup by its cry, hobbling over a thousand NouriBhcs oui V iier bleating pups to reach her own, and every other approaching her save this little animal she will ' Vol. II, p. 165. ' Report of Americiiii Bering Sea Commii'9ion"rs, jin-yl, p. 32C. ' J. Stanley Brown, Vol. II, p. ID. ■• Report of Ameriean Bering Sea C'onnnissionors, punl, p. 320. See oIpo Appendix of same, ponf, p. 387. !* W. H. Dall, Vol. II, p. 23 ; II. II. Mclnlyre, Vol. 11, p. 41 ; Karp Bnterin, A'^ol. II, p. 104. •* Vol. II. p. (52. on 11 pup THE COWS. 115 drive away."' These facts are verified by many Jfourishesoniyhcv others experienced in the habits of seals,^ This habit of a cow is another evidence of the Death of cow causes clcatli of pup. absolute dependence of a pup seal upon its mother. Capt. Bryant says in this connection : " I a-n positive that if a mother seal was killed her pup must inevitably perish by starvation. As evidence of this fact I will state that I have taken stray, motherless pups, found on the sand beaches, and placed them upon the breeding rookeries beside milking females, and in all instances those pups have finally died of starvation."' Capt. Bryant's statement as to the certainty of death to the pup if its mother was destroyed is sustained by many experienced witnesses.'' Necessarily after a few days of nursing her pup the cow is compelled to seek food in order to provide sufficiciuc nourishment for her offspring." feeding. Soon after coition she leaves the pup on the rookery and goes into the sea," and as the ' Vol. II, p. 104.' J. II. MtiiKan, Vol. II. p. 71 J W. S. fferefoni, Vol. II, p. 83; Xicoli Krukoff, Vol. II, p. IS.T ; John Fratis, Vol. II, p. 108; Daniel Wihftf r, Vol. II, p. 180 ; .1. C. Redpnth, Vol. II, p. 148. ■' Vol. II, p. 5. * W. II. ImA, Vol. II, p. 23 J George Wardnian, Vol. II, p. 178. '- J. Stanley Brown, Vol. II, p. 15 ; Daniel Webster, Vol. II, p. 180. " Report of .American Bering Sea CommisaionerR, po.il, p. 329 : H. il. Milutyre, Vol. II, p. 42; ?amuel Falconer, Vol. II, p. 16G; ■Vrticle by Dr. Allen, Part III, Vol. I, p. 407 j H. W. Mclntyre, Vol. II, p. 13«. 116 HABITS OF THK ALASKAN' SKAL. Feeding. Food. FceJiiig iiuii». pup gets older and stronger these excursions lengthen accordingly until she is sometimes ab- sent from the rookeries for a week at a time.' The food of all classes of fur-seals consists of squids, fishes, crustaceans, and mollusks," but squids seem to be their principal diet, showing the seals are surface feeders.'' On account of the number of seals on the islands fish are very scarce in the neighboring Avaters ;* this necessi- tates the cow going many r^iler, '^h search of her food. They undoubtedly go often from one hundred to two liundred miles from the rookeries on these feeding excursions.'' This 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. OLseu, of the. steam schooner Anna Beck, states, through the Victoria Daily Colonist, of August (!, 1887, ' Xicoli Krukoff, Vol II, p. 133 i John Fmtis, A'^ol. IT, p. 108; 7\>r- rick Artomnnoff, Vol. II, p. 100. - Roporl of American Bering Spa Commissioners, Appe^ '■:< T post, p. 393; W. II. Drtll, Vol. II, p. 23 ; T. F. Morgan. ' ol. • .. ': (i3. ' Report of American Bering Sea Commissioners, ,\ppendJ» E- '■'■'. p. 396. ' S. N. Huynitsky, Vol. 11, p. 21. * Re))oit of American Bering .Sea Commissioiicrs, pout. p. 320. « Michael White, Vol. II, p. 490j Alfred Ir?ing, Vol. II, p ISO; James Sloan, Vol. II, p. 477 ; Martin Hannon, Vol. II, p. 0, C-6131, p. 84), that " anyone who knows anything of sealing is aware that such a charge [catching seals in Alaskan waters within three leagues of the shore] is ridiculous, as we never look for seals within twenty miles of shore. They are caught all the way from between twenty and one hundred and fifty miles olT the land." Capt. Dyer, of the seized sealing schooner Alfred Adams, confirmed. the above statement by say- ins : " We had never taken a seal within sixtA' miles of Unalaska, nor nearer St. Paul than ,«ixty miios south of it.''' Among the deposi- tions taken before Mr. A. E. Milne, collector of customs of the port of Victoria, British Co- luml)ia, several of the deponents give testimony as to the usual sealing distance from the Pribilof Islands while in Bering Sea. Capt. William Petit, present master and part owner of the steamer Misclikf, gives such distance as from sixty to one hundred miles, and states that seals are found all along that distance from land in large numbers.'- Capt. Wentworth Evelyn Baker, master of the Canadian schooner C. 11. l^upper, and formerly master of the schooner Viva, says that the distance from land was from thirty to ' Uritish Bluo Book. U. S, No. 2, 18110, t'-(ii:n, p. lOS. ■ British Bluo Book, V. S, No. 3 (1802), C-CfiSS, )>. 171. 118 HABITS OF THE ALASKAN SEAL. Foodiiig tions. excur- one hundred miles, usually sixty miles.' 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.'^ Capt. L. G. Shepard, of the United States Eevenue Marine, who seized several ves- sels while sealing in Bering Sea in 1887 and 1889, states: "I have seen the milk come from the carcasses of dead females lying on 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 water over one hundred and fifty miles from the islands durinj; the summer.' The course of sealing vessels and their daily catch show also that the majority of the seals t^aken in Bering Sea are secured at over one hundred miles from the Pribilof Islands.* The distance that the seals wander from the islands during the summer in their search for food is clearly shown by the " Seal Chart " com- piled from the observations of the American cruisers during their cruises in Bering Sea in July, August, and September, 1891." ' British Blue Book, U. S. Xo. 3 (1892), C-6C35, p. 173. '/AiV/. p. 191. ^ L. O. Slirpnrd, Vol II, p. 18;>. * Logs of sealing vessels seized, A'ol. T, p. 52.', •'' "Seiil Chart " in portfolio of innps nnd oharls. THE COWS. 119 The great distance of the feeding grounds from .Spt-ea the islands is not remarkable, as the seals are very rapid swimmers and possess great endur- ance.' Thomas Mowat, Esq., inspector of fish- eries for British Columbia, in the annual report of the Department of Fisheries of the Dominion of Canada (1886), at page 267, makes the fol- lowing staten^ent, which corroborates the fore- going : " Capt, Donald McLean, one of our most successful sealing captains, and one of the first to enter into the business of tracking seals from Cahforniato Bering Sea, informs me he has known l)ands of seals to travel one hundred to two hundred miles a day, feeding and sleeping duiing a portion of this time." Capt. Bryant, with long 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 days without nourishment.' The length of time that a pup is dependent Uenartu islnnds. upon its mother, as heretofore stated, compels swim* from ' Charles Bryant, Vol. II, p. 6j W. S. Hereford, Vol. II, p. 35. - Vol. II, p. 0. ' W, H. Hereford, Vol. II. p. 33: H. K. Mclntyre. Vol. II. p, 11. 120 HA«ITS OF THK .\LA.SKAN SKA I,. Departure islands. from her to remain upon the ishmds until about the middle of November, when the cold and stormy weather induces her to depart, her pup being then able to support itself. THE BACIIKLORS. Arrival islnnds. nt the The bachelor seals, or nonbreeding males, ranging in age from one to five or six years, begin to arrive in the vicinity of the islands soon after the bulls Jiave taken up their positions upon the rookeries,' but the greater number appear 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/ Tiio kiiinbie el is.». From tliis class of seals are chosen the ones which are killed on the islands for their pelts, the bachelor from two to live 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- ' .T. Stanley Brown, Vol. II, p. 13 ; 11. 11. Melntj re, Vol. II, p. 4;t : Anton MeloTedofF, Vol. II, p. 144; J. C. Kedpiitli, Vol. II, p. 149. = S. N. Buynitsky, Vol. II. p. 21. •' Louis Kiuiinel, Vol. II, p. 173 ; -Vggie Kusliin, Vol. II, p. 129. ' ,T. C. Redpatli, Vol. TI, p. 149 ; Kerrick Artomanoff, Vol. II, )). 100. ■' S. S. BuynitBky, Vol. H, p. 21 ; SanincI Kalooner, A'ol. II, p. 160. « U. 11. Mclulyre, Vol. IT. p. 42. THE BACirKLORs 121 ing grounds.' Mr. Falconer says that they always Ti.e kiikbio oinn jjursue a female when she is allowed to leave the harem and go into the water, but she always refuses them.- This is natural considering the fact that the cow is fertilized before bein-- allowed to enter the water." Both Uapt. Bryaut and Mr. Morgan say that Fced.ng. in their opinion the bachelor seals feed very Jitttle while located on the islands,* and Mr. Glidden states that " tlie bachelors once in a while go into the water, but remain in the vicinity of the islands. '■'• Anton MelovedofT, the" native chief on St. Paul Island for seven years (1884-1891) states that he has "found that the seals killed in May and early June were fat and that their stomachs were full of food, principally codlish, 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 inatter corresponds with the views of natives ' n. ir. Mc-rnt.>re, Vol. II, p. 43. = VoI. It, p. 165. ^ Anfp, ]). nr,. 'Vol. 11, p. 0; Vol. IT, p. 6.3. " Vol. II, p. 100. ' 'Vol. II, p. lit. 122 HABITS OF fHE ALASKAN SEAL. COWi Feeding. and wliites who have been long resident on the Pribilof Ishinds.' Mingling witii the When the rookeries become disorganized, the bachelors, no longer fearing the bulls, which possess great ferocity during the rutting season, even attacking man,- move down on to the breed- ing grounds, and pups, cows, and bachelors mingle together indiscriminately.' from Here the bachelors remain until the time of their departure, 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." Departure iBlnndei. MIGRATION OP 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 Krukoff, Vol. II, p. 133 ; John Fratis, Vol. II, p. 108; Daniel Webster, Vol. II, p. 180 i J. C. Redpath, Vol. II, p. 149 ; Xerrick Artomnnoflf, Vol. II, p. ICK). ■ J. Stanley Brown, Vol. II, p. 14. •'J. Stanley Brown, Vol. II. p. le. * II. H. Mclntyre, Vol. II, p. 41. " Tables of killing on St. Paul Island, Vol. II, p. 114. « H. H. Mclntyre, Vol. II, p. 41 ; Charles Bryant, Vol. II, p. 5. MIGRATION OF THE HERD 123 the presence of seals on the islands for at least eight months of the year, and that they have in fact been killed there in every month of the year.' The primal cause of migration is undoubtedly the severity of the winter weather," and to that may be added a lack of food supply.* The seals evidently consider these islands their sole home, and only leave them from being forced so to do.^ If the climate permitted they would without doubt remain on or in the vicinitv of the Pribilof Islands during the entire year.* That this is true is evidenced by the fact of their so remaining during unusually warm winters, as above stated, and from the further fact that the seals of the Galapagos Islands, which much resemble in their liabits the Alaskan herd, do not migrate, not Ijeing compelled so to do by the weather.'' Capt. Budington, who has had twenty years' experience us a sealer in the southern hemisphere, states that "the Terra del Fuego and Patagoniau seals never leave the rookeries or the waters in the vicinity, only going out into the inland waters in search ' Table of killing on St. Paul Island, Vol. II, p. 114. - W. II. Dull, Vol. II. pp. 23, 2-t ; Charles Br.vant, Vol. II. p. 5 ; JJanicl Webster, Vol. II, p. 180. •' Same authorities. ■* Charles Bryant, Vol. II, p. 5; Samuel Falconer, Vol. II, p. 165; Kerrick Artomnnoff, Vol. II, p. 100. ■■• Charles Bryant, Vol. II, p. 5; T. F. Morgan, Vol. II, p. 62; Article by Dr. Allen, Part III, Vol. I, p. 405. C. W. lUod, Vol. II, p. 472 ; see also Isaac Liebos, Vol. II, p. 515. Causes. 124 Causes. Tlif coin HABITS OF THE .Al.ASKAN SEAL. of food. About Terra del Fuego no ice forms, and no snow falls that remains. The tempera- ture remains about the same sv imer andwinter."' The fact exists, however, that the Alaskan seal herd is compelled to migrate. The course pur- sued, which is confined to the eastern side of the Bering Sea and Pacilic Ocean, is t<} a certain extent conjectural, but sufficient data have been collected to state it with approximate accuracy. On leaving the islands in November or Decem- ber the seals turn southward, pass through the channels of the Aleutian chain, and enter the Pacilic Ocean." The bulls after entering the ocean remain in the waters south of the Aleutian Islands and the Alaskan Peninsula, and in the early spring may be found near the Fairweather Ground. They are seldom seen below Baranoff Island.' Turning eastward after entering the ocean* the remainder of the herd, cows, bachel- ors and pups, begin to appear off the coast of California the latter part of December or first of January.* The seals now turn northward,® fol- lowing up the coast, twenty, thirty or more miles ' J. W. Budington, Vol. U, p. 596. - H. H. Mcliit.vre, Vol. II, p. 42 ; T. F. Morgan, Vol. II, p. 62. •' Bepoi't of dipt. C. L. Hooper to the Treasuri- Department, dated June l-i, 1892, Vol. I, p. 504. ' \V. II. Ball, Vol. II, 11. 2-1 ; Clmrles Bv.vunt, Vol. II, )). 5. • A. .1. Hoffuiun, Vol. II, p. WO ; Alfred Irving, Vol. II, p. 38(5. '■ t'linrles l-utjcns. Vol. II, p. 458 ; H. H. Mclnlyre, Aol. II. p. 42. MIORATION OK TUK HERD. 1-25 IVoiu land.' The males pass much farther from Thecour«r. the shore than the females, and travel more rap- idly toward the islands.'- The herd spreads along the coast in a long, irregular body, continually julvancing northward until they begin to enter Bering Sea in May and June, through the east- ern passes of the Aleutian Islands, seldom going west of Four Mountain Pass, but the last of the lierd do not leave the Pacific until July.'^ The cows, however, are practically out of the Pacific Ocean by the middle of June.* A chart showing this migration has been prepared from the data contained in the depositions herewith submitted.'' The manner of traveling of the seals is divided by the pelagic sealers into different heads, namely, " sleeping," when a seal rests and sleeps on its back on the surface of the water voH!,g."'"" "^ "'"' Avilh only its nose and the tips of its hind flippers protruding from the waves ;" " finning," when it lies on its back gently moving its flippers ;''' "rol- ' Jiritish Blue iiook, U. S. No. 3 (1H92), C-(!(}35, p. 183 ; Annual Ki'piirt i)f tho Di'pni'tmont of Fisheries, Dominion of Cnniida (1880), p. 2(i7. - Arlii'lo I)y Dr. Allcu, Pnrt III, Vol. I, p. 405 ; Isanc Licbes, Vol. II, p. 454. ■' Cliarlea .J. Ilnguc^, Vol. II, p. 207 ; 0. H. Anderson, Vol. II, p. 205. ' 11. II. 51ulnt)'re, Vol. II, p. 42 5 Watkins, Vol. II, p. 305; Alfred Ii'ving, Vol. II, p. 386. ■' Soe also Chart of Migration, Portfolio of maps and ohavts ; British liliio Book, No. 3 (1892), C-6()35, p. 183. '■ A. B. Alexander, Vol. II. p. 355. • l'n. \y Pri'jiluf Islands, or of the scab) ever liaulin<>" out itmi dors not Iniid cxi'cipt on I'l-i- on the coast or neighboring islands*, and ("apt. biioiisiund!.. Andersen, who has cruised seven years in liering Soa, says the natives of Jh-istol liay and St. Micliael do not know what a fur-seal is.' Capl. Victor Jacobson, one of the best known sealers of Victoria, liritish Columbia, who has seen eleven years of seal hunting, and is the owner and master of the sealing schooner Manj El/fii and owner of the schooner Mlnn^<', says : " I have never known a fur-seal to haul out upon any part of the coast of the United Mates, British i\ ilumbia, or Alaska. All parts of the coast have been visited by the seal hunters, and if seals liauled out an}' place it would have been known l)y the hunters."" This statement is made still strongei' 1)V the n.'ni doi-s not I'ael that the seals do not enter the inland waters of tiie coast during their migration, remaining always in the open sea or at the mouths of large l)ays, inlets, and gulfs."' Father Francis Verbeke, Koman Catholic priest at Barclay Sound, says tluit he has never seen or heard of fur-seals inside of Barclay Sound ; they are all found out- cnter inlinul uiili ' Vol. IT, p. 20.J. - Vol. II, p. 32!). ' .Tolni .MiirgiUho, A'ol. II, p. .TOS ; Billy Nulioo, Vol. II, p. 252; Konkonal, Vol. TT, p. 2.">1 ; .Mlicvt Ivoctiuiclc, Vol. II, p. 250. [aio] 128 IIABTTS OK THK ALASKAN SKAL. Herd does not enter inland water*. side.^ Eev. William Duncan, for tliirty y^ars a 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 pup.^ 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 parts of Alaska as far as Sitka and never saw a fur seal in 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 report.* Euth Burdukofski, a native of Unalaska Island, states that *' no old seals ever haul out in this vicinity," but that in the fall pups sometimes come on shore after a heavy blow from the ' Vol. II, p. 311. See iiUo Diek or EhciisUesiit, Vol. II, p. 300; Cl»t-kn-koi, Vol. II, p. 305. = A'ol. II, p. 279. 3 Shuokl«aii, Vol. II, p. 253. See also Kosth Riley, Vol. II, p. 252 ; ToodajR Charlie, Vol. II, p. 249. * Kiiliclnick-tec, Vol. TI, p. 248. MIGRATION OF TUK HERD. 123 north ; these he believes to have been separated Herd docs Loi . enter inland ivuteis. from their mothers, and seek shelter and rest from the storm en the island.' Pud Zaotchnoi, one of the Aleut chiefs at Atka Island (near the center of the Aleutian chain), says that fur-seals never rest on the shores in that region.^ It has been supposed that the fur-seals which formerly frequented the Guadalupe Islands and the coast of Southern California were a portion of the Pribilof Islands herd which remained south to breed ; a recent examination of specimens by Dr. Allen, Dr. Merriara, and Mr. Theodore Gill, all naturalists of repute, has proven that the Guadalupe Island fur-seal belongs to a species of the gcnws Ai'ctocephalus, which is entirely distinct from the Callorhinus itrsinus, and have united in a paper to that effect.' It is therefore certain that the Pribilof herd do not breed or land at any other point except the Pribilof Islands. The Russian seal herd on leaving the Com- mander Islands instead of turning eastward, like the Alaskan herd, turns westward,* entering the ' Ruth Hurdukofski, Vol. IT, p. 200. Sec also Paul Repiii. Vol. II. p. 207: S. Melovedoff, Vol. II, p. 200, and Dafid Salamatoff, Vol.11, ]). 2(K» ; Ivun Krukoff, Vol. IL p. 200. ' V(.!. TI, p. 213. See also Kassian Oorloi, Vol il, p. 213. ' .\rticle by Dr. Allen, Part III, Vol. I, p. 4i>;: ; Sluteraent by Dr. Allen, Dr. Merriatn, and Mr. Theodore Gill, <■ ol. I, p. 586. Sec al«o Isimr Liebes, Vol. II, p. 455. ' Cliarles J. Hague, Vol. IT, p. 207. [Mr,] k2 The RuHian herd. l;30 ■ MANAaEMKNT OK THE SEAL ROOKERIKS. TheKimian herd Sea <)f Okhotsk, where tliey are often found by whalers in the early spring,' and also range along the Japan coasts.- This shows the similarity of habits of these two herds, but at the same time is further evidence that they never intermingh'. MANAOEKENT OF THE SEAL ROOKERIES. RUSSIAN MANAGEMENT. : After the discovery of the Pribilof Islands several Eussian fur companies sent expeditions thither for the purpose of procuring seal skins and annually great numbers were taken. When the Russian American Company came into pos- session of these valuable rookeries in 1799, the unlimited slaughter "eased and a limitation wan placed upon the number to be taken. Becomiiuj more familiar with the condition and habits of the animals, especially their habit of polygamy, a further limitation was enforced providing thai: male seals alone should be killed, but no limita- tion was fixed as to the age of such males, the skins being procured from bulls, bachelors, and grey pups alike, the demands of the Chines(3 market being the principal guide as to the class taken. Toward the close of the Eussian occu- ' Charles Uryatil, Vol. If, p. 4. ' Report of American Rcrinj^ Spi» ConitniNHiont>rfi, pout, p. 338. RUSSIAN MANAGEMKXT. 131 pation, however, the taking of grey pups was practically stopped, except for food and seal oil, and the bachelor seals supplied nearly all the skins taken on the islands.' Under the general piotective system adopted by Eussia for seal life and the restrictions added from time to time, the seal herd continued to increase- until the Mana-, gers of the Russian American Company consid- ered it possible and expedient to take seventy-, thousand skins from St. Paul Island without (Linger of depleting the seal population.' The Aleuts, who had been brought to the islands when the Company first came into possession of the rookeries, had through generations of exper- ience become expert in the handling and taking of seals and discriminating between the killable and non-killable classes ; so that the annual quota of skins was procured ■ ith the least possi- ble waste of life and disturbance of the breeding seals. ,. ^ ■ :, ,' - , . I'.; ' Letter from Uoaitl of ^\diuini8tratio)i of Rusgiiin Amcriciiii I'oin- |mny to (^liicf Miinnger A'oyevodsky, dated April 24, 18.54. Vol. I, p. HZ. - Letter from tlio Chief Manuger to the Boiirdof Adminifitnition of the Rugiiiiiii Aineriean Compuiij, diited Jniniary 13, 1859; Vol. I, ji SO; als>• Oov- ornmciit iinpntcti cable. The second course would coiicededly have resulted in the extermination of the Ahaska seal herd in a very short time,' as it has in all cases where seal killing has been general and unlini- iled.2 The third method, direct management by the (iovernment, was also deemed impracticable to the committees who investigated the question. 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 Company.^ The committee 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 svstem. All other existing rookeries are managed substantially in the same way by the different ( rovernments to which they belong, all following the lead of Ilnssia, who managed and protected our rookeries by a similar method from their discoverv until their transfer to the United ' Senate Doc. No. 48, Forty-fourlli Congress, first neseion, p 4. - Po.if, p. 2 IS. •' Report No. 62."?, ITouttc of ReprvsentaliTcs. Forty-fourt ii Con- gress, first sosgion, p. 12. ...._^.^,. ».»_»,»— . ...,._,;-,.,._-.> ^.... : - AMKIUCA.V M WAOKMKNT. 139 States. It (lid not recjuire the testimony of wit- Working by Oov- crmiipiit iiii)ini(li- iiessos to convince the committee that the Gov- <'ii'ic. ernment itself could not successfully manage this husiness.'" It is evident from the nature of the industry that in case the sealinK i:i!l KS. Under ronfrol. I iidor Hii'RiHsmn couUl uot of coiirse luiike proiiress towanls civlli- /ation. There vrere no facilities for traiKS])()niii^ skins ; lliev were cai-ried on the backs of the natives, entailing great labor and hardship. Vmcncnn u Very soon after the islands came into the pos- session of the American Government all this was changed. Tlieir undergronnd earthen lodges were replaced by warm, comfortable wooden cot- tages for each family;' fuel, food, and clothing Avere furnished them at jjrices twenty-live per cent above the wholesale price of San Francisco ; churches were built and scJioolhouses maintained for their benefit, and everything done that wonll insure their constant advancement in the \v;iy of civilization and natural progress. Instead of being mere creatures of the whims of their rulers they were placed on an e(iual footing with white men and received by law a stipulated sum for each skin taken, so that about forty thousand dollars was annually ilivided among the inhab- itants of the two islands. In place of the skin- dad natives living in turf lodges, which I found on arriving on the island in 18G9, I left them in 1877 as well fed, as well clothed, and as will ' St'c ])lioto({riiiili, Vol. II, |). !(.■>, »liowiii(» Villiiftf of St. I'siiilin IN"" iilid ill IH'.II ; iiiid lillotDjri'iiplis lif liiitivi';', A'nl. If, Jip. S, 7t', M! Lt'ttci' I'rdiii Cliit't' Miiiiii^i'l- Kuniliclm to llif Itoiird of .\(liiiiMi>lnL- lion ofllic KiirMiiin .Vnirriciin I'onipiiny, datod July 10, ISliU; \o\. I, 1>. 8». CONDITloX OF THE NATIVES. 11.". housed as tlie people of some of our Xew Eng- Under .Vimri.u control. laiul villages. They had school facilities, and on Sunday they went to service in their pretty Greek cluirch, with its tastefully arranged inte- rior; they wore the clothing of civilized men and had polish on their boots. All these results are directly traceable to the seal /isheries and their improved management."' In this comparison of condition and in the impn.vfment. marked improvement following tlie American occupation, 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 remamed until 1877, gives an account of the condition in which he found the natives and the great change which took place while he was located at the islands. He says : " When I came there they were partially dressed in skins, living in filthy, unwholesome turf huts, which were heated by fires with blubber as fuel ; they were ignorant and extremely dirty. When I left the" had exchanged their skin garments for well-made, warm woolen clothes ; they lived in substantial frame houses heated by coal stoves ;, they had become cleanly, and the children were attending school eight ' Vol. ir, p. 8. • Vol. ir, p. BOit M'i] 144 MANAGEMEXT OF T""^ SRAL ROOKERIES. iniprovcmoni. iiionllis of the year.' They were then as well ofl as well-to-do workingmen iu the United States, but received much larger wages. ISo man wa.s • •ompelled to work., but received pay through liis lor the work accomplished hy him. A na- tive coi^fcBi anv lime leave the island.^, but their eas}"- life ant^l^^lbr their home detained them. When I. Ih'st went t™||^1870) the women did a good share of matiual laiW|fcJ)ut when I came away (1877) the hard work w^^^one by the men. I do not recall a .single instance hi ^.istory where tliere has been such a marked chancje for the better by any people in .suciia short time as there has l)een in tlic Pribilof Islanders since the United States Government took control of tiiese islands.'"- Evidence might be multiplied on tliis point,but the foregoing teslimonyof eye-witnesses of the relative conditions of the natives under llio Uussian Company and again under that of the American Govermnent is sudlcient to show thai tlie management of th" Pribilof Islands by the United i^tates has raised the inhabitants in a few years from a state of ignorance, wretchedness, and semiwiirbarism, whioli seventy years of the Russian Company's occupation had failed to alleviate, to a condition of iiljertv and civiliza- ' Sw photofjmpli of SiOiodl. Vol. 11. ii|>. 0. 1G3. ■ Vol. II, |>. \V,-J>. ^ , , , ^ AMKRICAN MAN.V0I:MKNT. 145 tioii, which I'iUVope and America need not feel impiovoment. ;isli;iined to lind among their citizens. ■'•' The civil government of the islands is provided a o v c i- n m on t lor 1)V sections l{J73-iy7<» of the lievi.sed Stalntes of the United States,' under which the agent and Jiis assistants are practically the governors of the islands. Tliey have the entire control of the natives, protect them from the impositions of I he lessees" agents, if such are atlinnpted, and >('e thai the sui)})lie8 required by law for their sustenance are provided. The handling of the se;ds on the islands, being entirely done by the natives, is dii'ectly under the supervision of the ^iovernnient agents. With the expiration of the Ahiska Commercial t.pii>^<< of isoo. (onii/anvs lease the I'nited Stales Treasurv Itepartmenl again advertised for and received ii-n i'ormal bids, which werc^ caiefully considered, and in 18U0 the Government leased the seal i>huids for another period of twenty years to the present lessees, the Xorih American Commer- '•i;i! Company, wliith was decided to be the most advantageous bidder for the Oo-ernment. • N.H.— It hIiuiiIiI bo ()b»crvi'(l tlitit tlie iidlduvil)) of iinlivcN on tli<* I'vjl iLif Isliiiuls HIT figncil liv lliciii, iiiiil llmt llu'v Imvc not simply " iiimlc llu'ii' iiMsj," IIS wiiiild be tlic nutliiid cniiilnvrd by iiiiiny (ilizcnti of the cirili/.cd iiiiiioiis of tlio woi'ld. ' Vol. I, |.. !»S. ,3i:,j I. "J 14(5 MAXA(iKMKXT OF llfK SICAL HOOKKHIKS. Com 11 111- 18 on of An oxaminatiou of the lease now in force will show that it is not only more favorable to the Government, but also to the inhabitants of tlic islands than the former lease' in the follovviii;;' respects: (I) The rental is $(50,000 instead of $55,000 ; (2) the tax per skin is $!).(52.^, instead of $2. 62 J, ; (3) 80 tons of coal are to be fur- nished the natives, instead of (JO cords of wood; (4) the quantity of salmon, salt, and otlier pro- visions to be furnished lo them can be fixed liy the Se(-retary of the Treasury; (5) tlie compam- is to fui'nish to the natives free dweiliuL's, a church, physicians, medicines, emidoyment, and care for the sick, aged, widows, and children; ((5) instead of 100,000 seals per year, the company can take onl}- (50,000 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 il is dillicult to se.i how the United States could have a more complete! control over the seal industry on the islands, even if it took the entire juanagement of I he business. Leasing under such terms gives the Government absolute power in fixing the quota according to the condition of the herd, and at the same tiuK' avoids the details of management and disjwsing ' I.i'Ufo to Xortli Aineripnii C'oniiiiorciiil Coniimiiv ; \'loyed in " Handbook iif llio Fishes of Xi'W Zi'iiliind," piigr 2.'i.">. -' H. \. I'jBrk, Vol. IT. p. I."!»; " Iliindlviuk of llic l'"i>lip> of Xow Zi'.iliiiwl," jiiigi" 'J'\'>. 148 MANAaKMJIM irF THE SKAL KOOKKIUKS. Control and do- liatl becii {Irivcii a short distance from the hauliiit,' grounds." Mr. Henry N. Clark, who was for six- years (1884-1889) in the employ of the Alaska Commercial Company and in charge of the " sealing gang" on St. (leorge Island, and who is therefore especially competent to speak of tlw po.ssibilities 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 parlicularly with tin; rear- ing and management of young animals, hence the comparison of thf 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 hi manage and handle young seais than calves or lambs.-' Larjxe munbers of the former are customarily driven up in the fjiU by the natives to kill a certain nund)er for food, and all could be ' rounded up" as the prairie cattle are if there was anv need for doinjj so.'' All the herd so driven are lifted up one by one and examined ;is to si'X, and while in this position each could be branded or marked if ncces.sary. If the seal ' Vol. II, |). n!2. Sop ,,Uo J. C. Rpilpirdi, Vol. II, )) 152. - Sfi- iiNo .lotiii I'Viitis, Vol. II, |>. 10!). ■ ■ -e iil>.. Wal.son C. AIHn Vol. U, ;.. 08. TIIK SEALS. 140 rookeries were my personal property I should Counoi mid do- mcstkation. rcif.anl the task of bramlin*,' all the young as no more dilHcult or onerous than the brandinir 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 l)y others equally experienced in seal life in the islands.- Dr. .Mclntyre, so long experienced in the handling of seals, says that " they are as controllable and amenable to go(xl management upon the islands as sheep and cattle,"'' and several other witnesses make like adirniations.'^ Chief Anton MelovedolT, already mentioned, states that " it is usually supposed that seals are like wild animals. Tiiat is not so. They are used to the natives and will not run from them. The little pups will come to them, and even in the fall, wlien 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 we want them to go, and they are easy to manage."' ' Vol. IT. p. )5!>. ■ Cliiirl.'i. Bniml, V..1. H, p. 5 j S. M. WiiHlibiirii, Vol. II, p. ICOj II V. I'lrt.hi'l-, Vol. II, 11. lit.'); (ir.iKC II. 'IViiipl.', Vol. II, p. \Xi. Vul, II, p. ,-)H. '.) M. Morton, Vol. IJ, p. (HI; Loon Slotr', Vol. II, p. !»l ; II. V. rirlclicr, Vol. II, p. llMl; Ocorgo II. Ti-mplo, Vol. II, p. 15J; Ou>- l;ivi' NIcbiiiiMi, Vol. II, p. "7 ! .lolin .VnnslroMi;, A'ol, II, p. 2. • Vol. II, p. 115. 150 M A.NAt-IK.MK.NT (tF lllK NKAL KUOKKKIKS. t'oiifrol imil iiicstic'ution. Rt'Rulalions killing;. 1' r (I ( (■ (• I i o II of IViiiiiles. lit- Several other I'ribilof islanders and white iDeii lout,' resident there make similar statements.' This peculiar snsceptibility to control has also been and is recojinized by such a well-known scientist as Dr. K. von Middendorfl", of llussia, Avho, in a letter dated May G/18, 1892, says: " This animal is of commercial importance and was created lor a domestic animal, as I pointed out many years ago. (See my ' Siberian Jour- ney,' Vol. IV, Part I, p. 84G.) It is, in fact, the most useful of all domestic animals, since it re- (juires no care and no expense and consequently yields the largest net profit."- for This power of domestication has made it pos- sible to discriminate most carefully between the classes of seals killed and to enforce rules and regulations for the general management of the herd. llear-Admiral Sir 'SI. Culver Seymour, in a dispatch to the British Admiralty, says : "The sefils killed by the Alaska Coir.mercial Company are all clubbed on land, where the diflerence of sex can easily be seen.' •' The first regulation enforced by the Govern- ment of the United States was that no female ' .loliii KrnliH, Vol. H, ]\ \0.) ; Diiniel WcbstiT, Vol. II, p. 182 ; J. ('. H.'dpntli, Vol. II, )). 1.-.2 i Siiiioim MolDvrilofV, Vol. II, p. 147. - Li'tlcrof Dr. K. voii AiiddfiKlorlT, Vol. I, p. 131. ' BritiHh Blue Hoi k, U. S. No. 2 (is'JO). C'-6131, p. 4. TllK SEALS. seals should be killed.' Oapt. Moulton, for eight Tiotcct ion m I'll ri'limlcs. years assistant ireasurv a<>;ont on the islands, says : " No i'einale is ever killed, and it is very seldom a female is driven."" Samuel Falconer assistant Treasury a"ent on the islands from 1870 to 1870, states that not more than two female seals a season were driven on St. George Island, and that he believed those were barren ctnvs wliieh had hauled up with the bachelors.'' If a female seal was killed either intentionally or aeeidenlally, the employe was lined.* This regu- hilion preserves the producing sex, is not only observed by the native sealers on the Pribilof Islands, but the need of strictlv conforming thereto is fully realized as a means of preservation of the species. Karp Buterin, the chief of the natives (m 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 ' Lduis Kiiiiiiiol, Vol. II, p. 17;i; George Wiirdnmn, Vol. II, p. ITS ! II. O. Olis, Vol. II. p. 80; .Anion MclovnlolT, Vol. H, p. IH'. ■ Vi.l. (I, p. 72; Diiuiel \V.>l.5t.T, Vol. II, p. IHi. .If. Kfilpiitli, Vol. II, p. 1 H». ' Vol. II, p. 1(Jl». ' .\nlon MclovfilolT, Vol. 11, p. l;(<). ' -Milton llanios, Vol. II, p. 102. 151 of 152 M.VNAOKMKXT OK THK SKAI, Km )kl':Kl K-'. ■J'lif killabli' tliiss. 1' rot I'll ion of Govornniont officer." ' And Mr. C. Hi. Fowiei, fciimlcs. who has bi'Oii employed on the islands since 187!), says that nothitig ofTends the natives quicker than to have a female killed.- With the coJiperatioii of the natives, who alone do the driving and kill- inji, violation of this regulation is impossible. Another evidence' of the strictness with which this rule is enforced is the testimony of furrier.« to the fact tliat the .skins of female seals are never seen among those taken on the Pribilof Islands.' The class of seals allowed to be killed are (he nonbreeding males from one to live years ol' 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 breediii;.; grounds.'' of Besides this the most stringent rules have 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. ir, p. 25. •* O. I'. Liiiii]i>()ii, Veil. II, |). 5(J5. Sec iil.Mi favoniMo coimnt'iil mi tlic wisdom of tills ri'i^iiliitjoii in " Iliimlbook of the Kislii'ric!i of Niw Zoiiliiiid," ).. L':tfi. '.r. Sliiiilev Iti-owii, Vol. II. p. 10 i T. F. Morgini, Vol. 11, p. (IJ. • J. IStiiiile^v UrowM, \v\. II, p. 16 ; Diiiiicl Wcbstor, Vol. II, p. ls:i " lliiirlos Brviiiit, Vol. II, p. 8; S. X. Hiiyiiitsky. Vol. II, p. \IJ. Diitliirlmiu'c brei'ding goals. TIIK SKVF.S. K veniio Marino Service, who vitsited tlic islands Di-mriMino ii: IS!);) and 1891, says: '-All (irearnis ^ven •'"'''"''"''' "'"''■ torbiddcn and never have heen nsed on these islands in the killinj,' and takinj^ of seals ; in I'aet. inuisual noise, even on the ships at ani'hor near tiiese isl;i;;d«, is avoiiled. Yisitin}.' the rookeries is not [)ennit.'ed only on eertain conditions, and aiiylliing that nni,dit frighten tlie seals is avoided. Till! seals are never killed in or near the rook- eries, but are driven a short distance inland to jjfronnds es|)e"ially set apart for this work. I do not see iiow it is possible to conduct the sealini: process with greater care or judgment."' Fire- arms are not permitted to be used on the iMands from the time the first seal lands until the close of the season." The number (.f seals allowed to be killed >'"'"''<■'• kiUoii. auinially by the lessees was, from 1871 to 1889 inclusive, one hundred thousand,^ but this num- l);r is variable and entirely within tlie control of the Treasury Department of the United States.' In 18S9 Charles J. H off", then the Government ;iuent on the islands, reported to the r)ei)artnient that he considered it necessary to reduce the ' Vol.11, !>. 4U. _ . ; . -.r.C. Ki'.lp:itli, V..I. II, |. 160. ' ' ' ' ' .1. Sliiiiloy IJi-.wn, Vol. 1 1, p. IS j II. O. Otis, Vol. 11, p. 85. • ' J. Sliiiiloy Urown, Vol. II, p. 10. 158 of 154 M.V.NAOKMKXT OV IIIK .I. If, \<. IJL' : W. I '.M.i.v.M, v„i. II. p, .HI. -' I). F. ScribiuT, Vol. 11, p. s;» i ,r. II. M.)iilt.iii, Vc.l, I!, \>. 7L'. 'W. S. Hiivfont, Vol. II, |.. :J(i. * ll.lt. Mrlntviv, V..1. II, |,. I.-.. ' .s. Kiilcoiior, Vol. II, i>. 1(11. '• W. ('. ('i.iiUoii, \'ol. 11, p. 41+; S;imu.'l Fuli'oiuT, Vol. II, p. KJl ; Sill 11 M.'l.viilolV, Vol. II, p. 20!). ■ W. n. Iiivlor, Vol. II, p. 17(i. "S, \. Hiiviiitsk.v, Vol. II, p. 21. ' Uiini.O W,.h«t,'i-. V,.l. II. p. ISL'. Driving, MWAOKMRNT OF TIIK sKAl, UooKKHI Iv''. gio Kusliin, nalivo priest on St. ruiil Island, says : "The seals aic never driven at a }j:reater speed than one inihi in thiee honrs; and th(^ men who do the drivin<^ have to relieve each other on the road beeanse they travel so slow they "et verv cold."' Other native seal drivers and odirlals on the islands also speak of the slow- ness of the drivinr. Vul. II, p. I( ,l()i)(>(l and theseals allowed torotuni tothewatcr,' VrU'mn. Tiu; natives understand how nuich i'atigue can \)v endured by the seals -and the knid of weather suitable for "driving.'- therefore the iiiimber of seals killed by overdriving or by smothering was very inconsidera})le at all 'iuies.' J. ('. Kedpath, wild has since 187.') been one of ijie lessees' agents on the islands, says: "As the regulations n'(|uir{' the lessees to ])ay foi' every skin taken iVuni seals killed by the orders of their local agents, and as the skin of an overheated seal is valueless, it is only reasonable to suppose that thev would be the last men living to em-ourage or aUoAV theii' enqUoyes to overdi'ive or in any manner injure the seals.'"' Mr. Wardnian says : '• Seals are rarely killed by overdriving."' Air. Iliiynitsky says he never saw a single seal killed hy overdriving," and Capt. Moulton states that '• a verv few seals die during a ' drive," amount- ii!,i»;t() a \ery small fraction of one per cent, of ihose driven. And iri nine cases out of ten of those accidcmtally killed by smothering, the skins ' Siiimu'l Falconer, Vol. II, p. 162; J. 11. Moulton, Vol. IT, p.. 72 ; II I'. ScribiicT, Vol. II, \>. !>t) ; ,7(11111 I'Viilis, \ul. II, |i. 1U7. W. C. Cuiiljon, Vol. II. p. HI. ' II, II. .Mclnlvri-, Vol. II, p. 4.",. ' Vol. II, p. I.-)(). ' Vol. II, p. I7S. ' V.il. n,p. 21. 158 M \\ \(iK\ii-;.M .ti' Till': si:\i, kookkuik^j Diiv iiig. .'ire s:iV(.'(l.' 'I'lu' same stati'iiiciir ;ts lo tlio re- imtval (»r tlu.' skins is stated by others, tlu- sktiis iota allowed to the h'ssees.- I'l'ilriTiti);. l)ein;iX (oimted in the i|u In I'act it juay he ([uestioiied whral limes dnrinji the season) upon the hcals which iVom a^'''-' or condition are unlit I'or killiiiL', 's of litth; or no i iiportancc in relation lo seal life on the islands. After a *' drive " th", liauliiitr grouiul is unmolested for several days and the seals let )..t.'r, V( 11, 1H2. lltF. >E.\L». l.V.) liirli' more t^xercise than ihcy appeared to take ovnirivitu; mi rulriviiij;. when left to tlieniselves.'" Anton Melovedoll, ;in ediu-ated native of St. Paul Island, and for seven years First Chief on tiie island, after stating the fact that before the American occupaUon the seals were driven sometimes twelve and one-half miles, says, " Nc) one ever said in tliose days that seals were made impotent l>y driving. althouLrli loiiif drives had been made for at least iifty years."" Mr, Samuel Falconer, in speaking of this (piestion nf redrivinkkrifs. IV Irniiii;. >'|'> islands, states it as his opinion that even if a seal was dri\-en twelve successive days for the aver- aj'e distance between a haulinjj ijround and a kil- linir jTfonnd, its virility would not be at all impaired.' Mr. Taylor says in relation to injury to the reproductive powers of the male seals "it Avould at once be noticeable, for the impotent, bull would certaiidy haul up with the bachelors, liavini,' no inclination and v'/ror to maintain him- ^cll" on ih<.' rookeries."- 'J'he sa::.'! methods of drivinii' £iie employed on llu' ( 'ommander Islands, and the rookeries are smaller, necessitating more rcdriving and tiic dri\e on Copper Island take** often a day iroiui] over a ridge seven hundred feel liitjh : and vet this driviriL', so much more severe than on the I 'ribilof Islands, has been carried on for uvcr lifty years and is sufTicient evidence that redriving does not injure the reproductive force of the male seal." All the drives on the Com- maiuler Islands are rougher and more severe than on the I'ribilof Islands.* That this injury to the male portion of tlu' lierd has not occurred is evidenced by the testimony of many on the islands in later years," and Mr. Eedpath, resident ' Vol. II, )). 72. -' Vul. IF, p. 177 •U', K. Kmil Kivl.s, Vol. II, )). 1!W!. ^N. li.llillcr, Vol. H,]). L'OU. • H. 11. Jlclul.viv, Vol. II, p. l.-. : .1. Slaiili'v Brown, Vol. II, p. l?* Cuniel Webstof, Vol. IF, p. IS'.' j .1. C. K.'.IpnUi, Vol. II, p. 151 t L. Fowler, Vol. II, p. 2'). ' rnr. >!F. \i.s 161 tnf scvt'iiteeii years on the isliiiid.s, mUU : '' The OviTiinvin^^ ihkI rc-ilrivii|i/. ni.'iii is i:ot alive who ever saAV a six or st-vtu vcar old bull impotent."' The killiiijj; tjrouii(1s are located near the wat(M', so thai tht)se sealN whose skins are unmarketable can reacHly and with little exertion return to that element ; they are also estai)lished as near tlir haulinu; grounds as is possible without havini; the odor irom the carcasses disturb the breeding seals.' It' it were not tor this unavoidable cause of (.listurbance attendant upon the killing and skinning of the animals, driving in any Iodh would not br necessary, but as it is, the killing must take place at some distam-e from the hauling and breeding grounds, which c(>m])els a ceilain aiiniiint of driving. 'I'he improvement over the Kusslan methor TttiKviiin iiirllioil* (if marked in this parti<"nlar, for in ISTu"* horses and tnkiiiK- nudes Were introduced by the lessees to transport the skins to the salt liouses, [irevious to which time all this labor had been done bv the natives, who were the solo beasts of burden on the islands;' and. therefore, the killing groumls were located nmch nearer to the hauhng grounds than ' Vol. II, p, l-il - .1. H. MouJton. Vol. II. p. 72 i niiiii.l W. Mor, Vol. II, jr 18-'. ^ »'lliirli>i" Hrvntit, Vol. IP, p. S, ' liCttoi' I'mm ('|iifii:\ii;xr i"»k rnr. si; m, li'viKKKfi':.*. iiiiiirovMM.nt ov.T l(eloro this moniis. ol" linnspctvtatloii Av;is pnt- '"'"'"i;- \ul('(l.' Anton Melovedofr stiitcs tliat "in tin' llussiiiu tinu'S, bt'lbix^ 18(58, the seals wore always driven across tlie island of St. Paul from Nortli I'iast Point (the laruest of the rookeries) to the \ illage salt house, a distance of twelve and one- half miles, but when the Alaska Commercial Company leased the islands they stopped loni;- diivinrr and built salt houses near to the hanlins.' jjrounds, so that by 1879 no seals weie driven more than two miles.'- Other natives who were on the islands under both American and Russian (tontrol also speak of the shortening; of the drives bv the American lessees.'' Under these impro ive- ments the killiiii'- season was reduced from three or foui- months under the Kussian octnipation to thirty or Ibrly (hiys,' showing how much Ameri- can manaiicment has facilitated the taking of seals and reduced the number of days of disturb- ancc to the herd. Kerrick ArtomanofT, a native born on ^t. I'aul Island sixlv-.seven years aif '0, and who has driven seals for fifty years and wns chief for seyeiiteen years, says: "The methods ' J. n. -Muultoii, V..1. 11.).. --l; CliMi-l.« Itnniil, Vol. U. ).. '.i ; II II. Mrhilvrc, Vol. II.]). t.-.. -yoi.ii, 1). ])L». •' .Vcttir Kiisliin. v.. I. II, |.. 120; Kiivp iliitrrin, yol. II, p 104 KMiiicl W.l.slcT, Vol. II, )». 1K2; .1. I'. l{ptl[)iitii, Vol. II, |>. I'-ii: kvrick Arldiiiniioff, Vol. II, p. 111). • .1. Slmilrv blown, yol. II, p. IK. THE SEALS. 163 used bv the Alaska Commercial Company and „ '"'P'oTomom ..ver ' •■ RuHsmii iiirlho'ls of the vVmericau Government for the care and "•'""'^ preservation of the seals were mueh better than I hose used by the Russian (Tovernnient. "' When a "drive" arrives at thekillinjr grounds •'^iI1'"b ;h(' animals are allowed to 'est and cool olF; then they are divided into ijrroups or ''pods" of from twenty to thirty ;" the killable seals are carefully selected, those of three and four years being pre- It rred;^ the killing gang theji club those selected ;dlo\ving th'j renjainder to return to the water. The skins tu-e removed from the carcasses, i,,^^""'"'' ""'^ •""''''• II united by the (Tovernment agent, salted, and |);icked in " kenches " at the salt houses. The llcsh of the seals is taken by ihc natives for iood.* Vniler the Russian management n\anv skins . i''iP'-ovenu.nt in ^ • trouting till- i>kiiii. were lost through the . ■ ir. II, Mcliityrc. Vol. II, )). '>' \ .1. Stanlrv Hrowii, Vol. IF, |> Ml M.i'lti'rof Cliii'f MiilindPr Kuviilirim to tlio Uoiivtl of Adnnrii'-- inilioii (iT tlic Rll^Ji!H\ .Viiipriciiii ('om|iniiy, datod .luly MV ISHH. \'! I, p. S.S. \ full :uroiiiil of tilt' iiietliod of drvint?. enlliuj; mid jiuckiii;.' till' skint i« ;;ivrii bv Dr II II .M(;ruii 1 1. Vol. II ]> 57, 164 MAXAOF.MENT OF TJIK .^KAL ROOKERIF5. improTPim-nt ill tUousiuul skiiis had ficcumulated, there being no t renting the DkiiiB, profitable sale for tliem at Kiakhta (the Chinese market town), and besides a large proportion ol" the skins became spoiled, and more than seven hundred thousand were burned or thrown into the sea." Jiut under American control all skins are salted, as will be seen bj' an examination ol' the London Trade Sales, and there is no waste, incroaw. Under this careful management of the ITnited States Government the seal herd on the Pribilof Islands increased in mimbers, at least uj) to the year 1 88 1 . This increase was readily recognized by those lo<-ated on the islands.' Capt. hryaiit says that in 1 877 the bniiHlinjx 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 vvitli broken rocks." Mr. Fnl- (!oner mentions the fa(;tthat in 1871 passages or lanes were left by liie bulls through the breeding grounds to the hauling grounds, which he ob- served to be entirely closed up by breeding seals in 1876,^ and in this statement he is borne out by the testimony of Dr. JVIcIntyre.^ It must l)t' remembered aha iii this connection that two ' (}nstnvoNidiiiuni,Vol.ll,|>. "7: II. W. Mo] nt^ro, Vol. II,).. I.IN: Daiiiol WrbBt.-r, Vol. 11. y. 181 : .1. V. Ki'cl|mtli. Vol. 11,)>. 151. - Vol. II, p. 7. ^ Vol. II. p. 161. « Tel. II. p. 44. KVIDENCE OF DErRi:.\? mid L'xpliiiiH.un iillidin il'< of II 11. Mdiil.vri', Vol. II, )i. :t>»; Clmrli'^ llnmil, Vol. II, ]). ;{; ami,! Slaidc_\ Itronii, \iil. II, p. 2ii. ' ll.H. Mohilvr.', \ol. II, y. H; (•|i.m'1.'> ISniiiil, V..I. II, \>. 7 : T I' Morgan, Vol. II, )). (tl; .Saiiiui'l Kulcoiior, \'ci|. II, p. 11)7. ' .1 C. I'linlwrll. Vol. II, 1>. IDS; H. O. ( >l i-. Vol. II, )i. ,S7. ' .1 . Staulny llfovvii. Vol. 11, p. |S; .1. II. Muullon. Vol. II. p. 71 : II A. (Jlilrten, Vol. II. p lO'.t. 166 DECREASE OF THE ALASKAN SEAL HERD. ■Ill lun iVriiMi „r itAg. perceptible (lecrease noticed in tlie st-al lieril at the islands,' and in ISSf) the decrease was marked in the migraiiii«; herd as it passed up along the Ajnerican coast, hoth by the Indian hunters along the coast - and by wliite seal hunters at sea.'' Since that time the decrease has become more evident from year to year, both at the rookeries^ and in the waters of the Pacific Ocean and Bering Sea.'' The Bering Sea Com- missioners ot both Great Britain and the United States, in their joint report, afiirm that a decrease has taken place in the number of the seal herd;" so that the simple fact is accepted by both parties to this controversy. But the time wlien the seals commenced decreasing, the extent oi such decrease, and its cause are matters for con- sideration. 'riic .American Mering Sea Clommissioners, after an c.xlu'mstive examination of the condition of tilt' ro()kerie.>j, as to the evidence of their foiiner limits, and oi individual witnesses who had observed the rookeries for several years, On rribilof limds. Ii- ' J. H. Moulton. Vol. ir, p. 71 : M. C. E.-»kiiu-, A'ol. U, p. 422; Aiiti.ii Mrli)vi'(l..fr, Vol. II, )). i:h». -' Alfml Irving', Vol. II. p. :W7; DoHai'hup. Vo'. II. p. .370; X OrcKarofr. Vol. II. p. 2:U ^ E. W. I.illl.Jolui. Vol. II, p. 1.-.7; A. McLi'mi, Vol. II. p. 4.17. < .1. II DohrIii^s, Vol. II, p. 41!» ; M. V Erskim-, Vol. II, p. 422 ■ X. MniMliTuin. S'ol II. i' I 111 ' iluiiR'H Ki'i.iH il_\ , \ ol II. |i ll'.l; Cmiilt'H I.uljfii*, Vol. 1 1. |i lij 'Joint lU'poit of I!eriii2 ^it.l Coimii -sioiifrj. ;iov/, ]i. 309. KVIDENCE OF DElRICVSE. 167 sliitu that the .spMces now covered by seals aro o,, Piibiior i*. much less in area than fonnerlv, and that a iii;irl:ed yearly decrease i.s shown to liave taken place during the last live or six years.' Karf) Uuterin, native cliief of the fcft. I'anl Islanders, who has lived on the island all his life, says ; " rienty schooners came first about eight or niui; vears ago and more and more everv vear hiiice ; and the seals get less ever since schoon- ers came ; and my jjcople kept saying, ' No cows ! no cows ! ' "- i)r. William S. Hereford, who was resident physician on the Pribilof Islands from 1880 to 1891, inclusive, says: "It is an iiulisputable fact that large portions of the breeding rookeries and hauling grounds are Ijari', where but a few years ago nothing but the happy, noisy, aiid snarling seal families could be seen ; "^ and Mr. A. V. liOud, assistant Treasury agent on the islands from 1885 to 1889, says there was a very marked decrease in Ihe size of the breeding grounds from 188.J to 1SS9.' ('apt. (Joulson, of the United States lievenue Marine, who cruised in Bering Sea in 1870, 181)0, and 1801, also mentions the fact tiiat the decrease in one year {1890-91) was ' Uc-port of Amcricnn Bering Son Commiss'ioncrs, ^;o.v/, p. 3-10. Kiirp Diilorin, Vol IT. p lO.T ; '•VonlsnC T,. Foirlcr. Vol II, p 25. Vol IT, p. :!C. ' V..I IT p 3S. IMAGE EVALUATION TEST TARGET (MT-3) // A' z 1.0 I.I U;|28 |2.5 S '^ IIIM t lis lillM 1.8 — 6" 11.25 IIIIII.4 IIIIII.6 Vi Vol. IL p. 415. •- British Blue Hook. U. S, No. » (1892), C-6tj3o. ].. lU. ' Ante^ p. 1(55. * Vol. n. p. 422. KVIDEXCK OP DECREASE, 169 number of seals to be taken had been reduced On Pribiiof u- to sixty thousand, and the time for kiUing limited to July 20/ says : "As a result of the enforce- ment of these regulations the lessees were unable to take more than twenty-one thousand two hun- dred and thirty-eight seals of the killable age, of from one to five years, during the season of 1890, so great had been the decrease of senl life in one year, and it would have been impossible to obtain sixty thousand skins even if the time had been unrestricted.'"" He further adds that the weather in ] 890 was as favourable to seal driving as in 1889 (when one hundred thousand skins wert' taken) and the driving was conducted as dili- gently in the latter year as in the formei-.'- Besides the foregoing testimony, the natives and Evidence, white residents on the islands state that the seals began to decrease in 1885 or 188(>, and that the decrease has been the most rapid in the last tlu'ee years.^ Thomas Gibson, a seal hunter since 1881, says Along the coast., there has been a great decrease in the number of seals in the North Pacific and Bering Sea since ' An'e. p. \r,3. ■Yo\.U,i>.U2. ■' Anton Melovedoff, A'ol. II, p. U3; Aggie Kushin, Vol. II, p. 128; Niooli Krukoff, Vol. II, p. 1 32 ; John Fratis.Vol. II, p. 108 j Alexander Himeson, Vol. II, p. 116; Daniel Webster, Vol. II, p. 181 ; C. L. I'owlor, Vol. II. p. 141 ; Kdward Hughei. Vol. II, p. 87. 170 DECRE.VSE OF THE ALASKAX SEAL HERD. Along thp const, lie began hunting/ and lie is supported in this statement by James L. Oarthcut, captain of a sealing vessel from 1877 to 1887, Alexander McLean, a captain of a sealing schooner for eleven years, Daniel McLean, also with eleven years' experience, and many others.- Peter Brown, chief of the Makah Indians at Neah Bay, in the State of Washington, a tribe who from time immemorial have been expert seal hunters and have through their industry acquired much property' and are among the few civilized aborig- inal tribes of North .America, testifies to the decrease in the seal herd.* Hastings Yethow, an old Indian residing at Nicholas Bay, Prince of Wales Island, who has hunted seals from boy- hood, says : " Since the wliite meji 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 per- mitted to hunt seal much longer the fur-seal will become as scarce us the sea-otter, which were quite plenty around Dixon Entrance when I was a boy. The Indians are obliged to go a ' Vol. ir, p. 432. - G. Fogel, Vol. II, p. 4i4; G. leanRHon, A'ol. II, p. 440; Jnmc» Sloan, Vol. II, p. 477 ; J. D. McDonald, Vol. II, p. 26« : Lovii.s CuUor. Vol. 11, p.aiii. M'ol, II, p. 878. ' . * JM. pp. 377, 87S. KVinENTK OK DKCRKASK. 171 loiii.^ WAV for seal now, and often return after two Aioni; tiic i^oast. (11.- three days' hunt without any.'" George Skultka, cliief of the Hyda Indians at How- kan, says : " There are no seals left now ; they are most all killed off."- Chief Frank, Second Chief of the Kaskan Indians, states that " fur-seal are not as plenty as they used to be and it is liard for the Indiana to catch any," and closes his testimony with the words, " there is one thing certain, seals ai'e getting scarce,"' Thomas Lowe, a seal hunter belonging to the Clallam tribe, Vassili Feodor, a native hunter of the vil- lage of Soldovoi in Cook's Inlet, and many other Indians living along the coast from the Straits of Juan de Fuca to Cook's Inlet, make the same assertion.* That this decrease, in respect to which the evidence is so unanimous from everv point of observation, was not caused by any change in the methods employe I on the islands has already been shown by the testimony of numerous reliable witnesses, who prove that ' Vol. 11, p. 303; See also Chief Thomas Skowl, Vol. II, p. 300; Smith Natch, Vol. II, p. 29»; Nnshtou, Vol. II. p. 298; Robert Kooko, Vol. II, p. 296. - Vol. II, p. 290. ■' Vol. II, p. 280. * Alfred Irving, Vol. II, p. 387 ; Circus Jim (Neali Bay), Vol. II, pp. ;tSO, 3Sl: Wcckenunesch (Barclay Sound), Vol. II, p.' 311 ; Martin fiingny (Sitka Bay), Vol. II, p. 268; Kinkooga (Yakutat Bay), Vol. IT, p. 240 ; ^like Kethusduck (Sitka Bay), Vol. II, p. 262 ; Echon (Shttkan) Vol. II. )). 280 ; Simeon Chin-koo-tin (Sitka Bay;, A'ol. II, 172 m^C:RKASK OF THE A1,ASK\N sr:\I, rfKHD Aioui; the oust, there was no change in the manner of hancUing and taking the seals in the last decade from that employed in former years, during which the seal herd materially increased.' Lack of mnle life not the cnusn. OAUSE. Nor was this marked decrease chargeable to the fact that there were not snfficient males to serve the females resorting to tlie islands." Mr. •T. C. Eedpath, already qnotod as one thoroughly familiar with seal life on the islands, says : " A dearth of bulls on the breedimj 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 Chief of the natives of St. Paul Island, says : " Plenty of bulls all the time on the rookeries, and plenty bulls have ro 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 diffi- ' Ante, p. 104. - .r. Stiinley Urown.Vol. II, ]). 1 8 -, Anton Melovedoff, Vol. II, ji. 1 42 ; Daniel WcbMci-. Vol. 11, )>. IHl. ^ Vol. 11, )). lol. ■* Vol. II. p. 104. <'\rsK. ciilty to procure Mieir quotuiu 1889, a sufficient i,mk number of males were reserved for breedinc- ""' "'" purposes.' Col. Joseph Murray, assistant agent on the islands in 1890, and still holding that position, says : " I saw nearly every cow with a pup by her side and hundreds of vigorous bulls ivithout any cows."- And this statement is sup- ported by Mr. J. Stanley Brown, who was on the ishinds in 1891.« Maj. W. H. 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 young seal ; and there was a great abundance of males of sufficient ase to aoain <.o upon the breeding grounds that year, as was shown by the inability of large numbers of them to secure more than one to five cows each, while quite a number could secure none at all."* Aggie Kushin, for several years assistant priest in the Greek Catholic Church, and resident on St. Paul Island since 1867, says: "We noticed idle, vigor- ous bulls on the breeding rookeries because of the scarcity of cows, and I have noticed that the cows have decreased steadily every year since 188«3, 'Tol. 11, p. 112. = Vol, II, p. 74. •' Vol. ir, p. 14. ' Vol. II, p. 94. I'f iiialo I .) lil\ 174, DKCRKASK or rillC \l,\sK\N SK AT- IfF.Kn, Baidg on rookor'c! not the cnu^c. Laok of nmic lift- butuiore particularly so in 1888, 1889, 1890, and not flu' I'auso. 1891."' And the fact that the conflicts took place between the bulls on the rookeries in 1890 and 1891 is sufficient to show that virile males were not lackin<^.^ It has also been shown that the decrease in the seals took place primarily among the female portion of the herd. Raids upon the rookeries, or the unlawful killing of seals on the islands by unauthorized persons, though injurious to seal life,'^ have played no important part in the history of the rookeries, and the few thousand skins thus secured never aft'ected the number of the seal herd to any extent/ The American Commis- sioners after asserting that the number of seals killed by raiders is \ ery 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 becoming known to the officers in charge of the operations upon the islands. The ' raid theory,' therefore, may be dismissed as unworthy, in our judgment, of serious consideration."* Mr, Stanley ' Vol. II, p. 128. Soo also John Fratis, Vol. II, p. 109 j II. N. Clark, A'ol. II. p. 159; Daniel Webster. Vol. II, p. 181. " Report of Anievicun llering Sen Couimissioncrs, posf, p. ■^-^9. •' H. H. Mclntjre, Vol. II, p. 46 ; T. l'\ Morgan. Vol. II, p. 05. * W. B. Taylor, Vol. II, p. 177 ; J. H. Moulton, Vol. II, p. 72 ; II. H. Mclntyre, \o\. II, p. -Jti ; ,\ggio Kii.^liin. Vol. II, p. 128; .lolin Frntis, Vol. II, p. 108. * Report of American Bering .Sea Conimisuioners, post, p. !<7H. CAUSE. 175 Brown, in considering this question, and after a Kftids on rookeries ^ ^ not the onusc. careful examination of the statistics relating thereto, says : " The inhospitable shores, the exposure of the islands to surf, the unfavorable climatic conditions, as well as the presence of the natives and white men, will always prevent raids upon the islands from ever being frequent or effective."* A further evidence of the infre- qnency of such marauding is clearly shown by the affidavit of Mr. Max Heilbronner, Secretary of the Alaska Commercial Company, as compiled from the records of said company,'^ and the state- ment compiled by the Treasury Department from the reports of their agents during Ameri- can occupation, there being but sixteen such invasions reported.' If other raids had taken place besides these, the fact would certainly have been known on the islands, as their effect would have been seen on the breeding grounds in the shape of dead carcasses of pups and other seals.'' The difficulty of landing upon the rook- eries without being discovered is also made evident from the ineffectual efforts of predatory vessels to land men on the islands, which are ' J. Stauley Brown, Vol. II, p. 18. - Max Ileilbronner's statement, Vol. II, pp. 112-127. •' Treasury Department, statement of raids, Vol. II, p. 519. ' Anton MelovedolT, Vol. II, p. 143. [315] N 17H DECREASE OF THE ALASk'AX SEAL HERD. ^Iiiiingcmout I'ookcrics not I'ttuse. of the Excessive killing tlio luliiiitted pause. Raids on rookeries described by members of the crews of such not tlie eauso, vessels.' If, then, this marked decrease in the Alaskan seal herd has not been caused by the way the seals are handled or killed npon the islands, nor by a lack of male life resulting from excessive destruction of bachelor seals by the lessees of the seal rookeries with the consent of the Govern- ment of the United States, nor by the depreda- tions of marauding parties upon the islands, another cause of destruction niust be sought. It is admitted by all parties to this controversy that a decrease has taken place in the Alaskan seal herd which has been, "the result of excessive killing by man."'" The acts of man in destroy- ing seal life can be performed either upon the islands which the seals have chosen for their home or in the waters of the Pacific Ocean or Bering Sea, while the herd is performing its annual migration or during its stay at the islands. That such destruction of the species on the j'eiagic scaling the islands has uot causcd the great decrease in the number of seals has already been shown ; there remains, therefore, but one other possible cause, namely, the killing of seals during their migra- ' Joseph (Jryracs, Vol. II, p. 434 j Peter Dnffy, Vol. II, p. 421. - Joint Report of the Aujerican and British Commissioners, post, p. 309. C\USK. 177 Amorifun cniiimis- sioiiors. lion or ill the waters adjacent to the islands; ivinKicsmiinciiM m other words, the sole cause of the present depleted condition of the Alaskan seal herd is open-sea sealing. Thi'i is shown particularly from the fact that tlie decrease lias been prin- cipally in the female portion of the seal lierd,' which will be shown later to form from eighty to ninety per cent, of the pelagic catch.- That opinions, such is the cause of decrease is the concurrent opinion of a great number of witnesses, Indians and whites, of many occut ations and of varied experience. The American Bering Sea Commis- sioners, after a careful and exhaustive examina- tion into the question of decrease,report the cause 10 be pelagic sealing.' Dr. J. A. Allen, after di-. AUon. examining and duly weighing the sources of information, American, 13ritish, and Canadian, declares it to be his opinion that pelagic sealing has been the sole cause of the great decrease ill the Alaskan seal herd.* Such witnesses as TJiomas F. Morgan, H, H. Mclntyre, and others, of twenty years' experience with the Alaskan herd and thoroughly conversant with all the conditions and phases of seal life, state ' Re))ort of An\(! ricnii Bering Sen ConiniisHionevg nnd the witnesses rsuiiiint'd by tlioni, jio.tf, p. :UI ; Knrp Uuterin, Vol. II, p. 103. - Report of .Vnieriean Bering Sea (.'oniraissioncrs. post, p. 3C7. ' ]{('port of the American Bering Sea Coniniissioners.. post, p. 379. ' Arliele by l)r. Allen, Tart III, Vol. I, p. 410. Kxiierts ro 1.^] N 'J 178 Kipcrtg. DECREASE OF THE ALASKAN SEAL HERD. the sole cause of tlie decrease to be pela;^ic seal- ing.' Capt. Daniel Webster, already mentioned, and one of the most, if not the most, expe- rienced Vvhite 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 cause for that decline and the present condition of the rookeries, and that is the shotgun and rifle of the pelagic hunter, and it is my opinion that if the lessees had not taken a seal on the islands for the last ten years we would still find the breeding grounds in about the same condition as tliey are to-day, so destructive to seal life are the methods adopted by these hunters."- T)r. W. S. Hereford, with eleven years' experience on the seal islands, says : " I made the conditions of seal life a careful study for years, and I am firmly of tlie 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; U. II. Mclntjre, Vol II, p. 46; Gustiive Niebuuin, Vol. II, p. 203. = Vol. II, p. 184. » Vol. II, p. 30. CAUSE. 179 sure the decrease is caused by the killing of Experts, females in the open sea."^ (It will be shown later in discussing tlie method and catch of open- sea sealing vessels that a large percentage of the seals thus taken are females.)- Prof. W. H. Dall, the well known scientist and author, says : " It is evident that the injury to the herd from the kill- ing of a single female, that is, the producer, is far greater than from the death of a male, as the seal is polygamous in habit; the destruction to the herd, therefore, is just in proportion to the de- struction of female life. "J- ding In the open waters is peculiarly destructive to this animal."^ A lar'fe number of Indians rilonij the Pacific ^"'^''"' i>untor». coast from Oregon to the passes of the Aleutian Islands, whose depositions are appended hereto, are unanimous in declaring the cause of decrease in the seal herd to be open-sea sealing as it has been conducted for the past six or seven years. Evan AlexandrofT, priest at Soldovoi in Cook's Inlet, unites with several native seal hunteis of that localitv in statinij that " fur-seals were for- merly much mora plentiful, but of late years are becoming constantly scarcer. This is, we think, owing to the number of vessels engaged in hunt- ' Vol. II. p. 212. - Fast, I). 19G. 3 W. n. Dall, Vol. II, p. 24. 180 DECREASE OP THE ALASKAN SEAL HERD. Indian bunters. ing tliem at sea."^ Nicoli Apokclie, a native fur trader at Fort Alexander, Cook's Inlet, says: " Fur seals were formerly observed in this neigh- 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 becominsf verv wild.'"^ Ellabash. another Indian of the same tribe, confirms this statement in the following Avords : " Seals are 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 catch forty or fifty seals in one da}% and now if I get ' Vol. II, p. 229. ■ = Vol. II, p. 22-1. '■^ Pecer Brown, Vol. II, p. 378. CAUSK. 181 six or seven I would have great luck. I have to indinn imntew. fro a long distance to set seals now. Seals are wild and afraid of an Indian. They have become so since the white man and the trader began 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 Makah Indian, who has hunted seals for forty years hi a canoe ofl" Cape Flaitery, after men- tioning the decrease in the seals, says : " So manv schooners and white men are huntinif thsm 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 that the cause of decrease in the migrating herd is due to pelagic sealing by white men.' Numerous pelagic sealers also, in spite of their winto scalers. interest being contrary to such a conclusion, ad- mit, not only the decrease in the number of seals, but that such decrease has been caused by those engaged in their occupation. Frank Johnson, for ten years a seal hunter, on being asked the ques- tion to what he attributed the decrease, rejilied: " The increase of the fleet and killing of all the ' Vol. II, p. 3S5. - Vol. II, p. 3it5. ■' Iflika, Vol. II, p. 388 ; Wisroo, Vol. II, p. 307 ; Goor,'e La Check, Vol. II,p. 2G5; Jim Ivusooli, Vol. II, p. :i96j King Ka'kwu, Vol. II, p. 205; Percy Kahiktdiiy, Vol. TI, p. 2fil. 182 DECREASE OF THE ALASKAN SEAL HERD. White sealers. females," adding that if continued tlie seal herd would 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' experience;* Niles Nelson,* Adolphus Sayers,'' and others engaged in the same occupation.' William Hermann, who has been a seal hunter for more than a decade, says : " I think they (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 much."" William H. Long, a captain of a sealing vessel, takes the same view of the • Vol. II, p. -ill. - Vol. II, p. 437. ••* Vol. II, p. 144. * Vol. II, pp. 442, 443. ■• Vol. II, p. 470. "Vol. II, p. 473. " Peter Collins, Vol. II, p. 413; James Kiernun, Vol. II, p. 150; Ouitavo Isniicson, Vol. II, p. 440. -^ Vol. II, p. 41G. » Vol. II, p. 4CI. CAUSE. 183 matter,' as also many other sealers do.'^ Others white sealers, less intimately acquainted with the business of open-sea sealing, but from experience and know- ledge of seal life qualified to judge as to the cause of decrease, unite in casting the entire blame upon 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 hard will in a few years be exterminated."* This unanimity of opinion, as expressed by every class and condi- tion of witnesses, scientists, sealers, both Indian and wliite, those who have watched the seals upon the islands and those who have seen the animals during their migration up the coast, is further supported by the statistics of the sealing fleet, its catch and number, as compared with the years when no increase was observable on the islands and when decrease was noted. The period of so-called stagnation in the num- increase of scaling fleet. ber of the seal herd has been shown to be from 1880 to 1884- '85.* According to the table of the sealing fleet, prepared from all available ' Vol. II, p. 458. - K. v. I'ortor, Vol. II, p. 317; James E. Leiinun, Vol, II, p. 370 ; lliilmel Wliite, Vol. II, pp. 490, 491 ; J. D. McDonald, Vol. II, pp.26C, 2(i7. ■' Joseph Murray, A'ol. II, p. 74 ; H. H. Mclntjre, A'ol. II. p. 46 ; Charles J. Ooff, Vol. II, p. 112 j J. Stanley Brown, Vol. II, pp. 17, 18, 19, 20. 'Vol. II, p. 113. ■' 4iile, p. 105. 184 DKCREASE OF THE ALASKAN' SEAL HERD. Increase of seiiiing sourccs,' the vesscls had increased from two in fleet. 1879 to sixteen m 1880 ; up to 1885 the number of vessels varied from eleven to sixteen annually. 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 number of skins were taken. In 1888. owing to Liie seizure of several schooners in Bering Sea by the United States Government, the fleet fell off to thirty-nine vesse^ the catch being about thirty-seven thousand.^ o 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 off in 1890 to sixty, but the catch increased to nearly ' Table of sealing lleet. Vol. I, p. 591. - Kcport of American Bering Sea Comniissioncrj, poxf, p. 3fi6. ■' Report of American Bering Sea t'ommissioners, post, p. 3(50. * Ibid., post, p. 306. CAUSE. 185 3 seizures fifty Lliousand." In 1 890 the sealers were unmo- iiici'en«> ot seuiing fleet. lested, and so in 1891 tlie nuniLer of vessels was nearly doubled, reaching the enormous figure of one hundred and fifteen," but the catch, because of the ever-increasing scarcity of the seals, reached but sixty-two thousand five hundred.^""' The agreement between Great Britain and the United States in relation to pelagic sealing in Bering Sea in 1892, and the orders to naval vessels pursuant thereto, have not been of such a nature as to invite investment in the sealing fleet, and yet, in spite of the restrictions imposed and dangers incurred, the fleet of sealing vessels for 1892 is known to contain at least one hun- dred and twenty-three,^ which is below the actual number, as undoubtedly vessels have been en- •raged of which the United States Government has received no reports. The decrease in the seal herd has thus been proportionate to the increase of the sealing fleet.* Another significant fact in this connection is that, until the period of decrease began, the sealing vessels did not, as a ' Report of American Bering Sea Commiesionors, post, p. 36G. - Thid., })oxl, p. 37J. ■' Table of sealing fleet, Vol. I, p. 591. ' J. C. Lodpath, Vol. II, p. Itl ; Alciander C. Slivhn, Vol. II, 11. 2-2C<. * It is probable that the various arnual catelics given are much loo small, as it has been most diOlcult to obtain data and statistics in this respect. 186 DECREASE OF THE ALASKAN SEAL HERD. crease. Increase of sealing rule, enter Bering Sea.' William Parker, for fleet. ten years engaged in the sealing business, says : " There was haruly ever a sealing schooner that went to Bering Sea during these years (1881- 1884) or prior to 1885."" John Morris, a raalp of a sealing vessel for several years, says : " Prior to this (1885) I had never been in the Bering Sea, and with but few exceptions sealing vessels did not visit those waters.'" These two facts, Comparison of then, are plainly shown, that when the sealing sealing fleet and cle- ' r j j o fleet consisted of a small number of vessels, carrying Indian hunters, 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 L anting grounds extended so as to include Bering Sea, the de- crease in the seal herd became marked and rapid, constantly becoming greater as the fleet of seal- ing vessels increased. • Andrew Laing, Vol. II, p. 335; Charles Peterson, Vol. II, p. 316. - Vol. II, p. 344. ■' Vol. II, p. 340. HISTORY. 187 PBLAGIC SEALIN&. HISTORY. Open-seal sealing, the sole cause of the enor- Sealing by:coa8t mous decrease noted in the Alaskan seal herd in ^"'^'''"'' the last few years, and which threatens its exter- mination in the near future, was carried on by the Pacific coast natives in their canoes for many years previous to the introduction of sealing schooners. The catch was small, ranging from three to eight thousand annuaUy,' and there was little or no waste of life from the loss of seals killed and not secured, as will be seen when the means and manner of hunting employed by the Indians is considered. Even after vessels were employed in the in- Vessels used, dustry, which, according to Mr. Morris Moss, vice- president of the Sealers' Association of Victoria, British Columbia, was about the year 1872,- the fleet was small, not numbering over half a dozen vessels.- Indians only were employed as hunters, and the seals were killed with spears." With the introduction of schooners to carry the canoes out mtodi e ocean, the sea hng grounds were extended ' 0. M. Scammon, Vol. II, p. 475. ^ Morris Moss, Vol. II, p. 341. 188 PELAGIC SEALINa. Vessolg used. InlrocUiction lire-arm SI. from the area covered by a canoe tri]) of twenty miles from a given point on the coast' to the waters frequented by the migrating herd from the Cohimbia Eiver to Kadiak Island." In 188H the schooner Scm Diego entered Bering Sea and returned to Victoria with upwards of two thou- sand skins. This gave impetus to the trade, and new vessels embarked in the enterprise.'' of About 1885 a new method of hunting was introduced, which has been the great cause of making pelagic seal hunting so destructive and wasteful of life — the use of firearms.'' White men now became the principal hunters, and where previously the number of skilled and available sealers had necessarily been limited to a few hundred coast natives, the possibility of large rewards for their labors induced many whites to enter the service of those omxacfed in the business of seal destruction. From that time forward the sealing fleet rapidly increased in number,'' until it now threatens the total extinc- tion of the northern fur-seal. ' Petcv Brown, Vol. II, p. 377; Alfred Irving, Vol. II, p. 380 j Wilsou Parker, Vol. II, p. 392 ; HisU Yiilla, Vol. II, p. 397. ■^ Peter Brown, A'ol. II, p. 377. ^ Morris :\ross, Vol. II, p. 341. ^ Charlie, Vol. II, p. 304; Moses, Vol. II, p. 309; Wispi o. Vol. II, p. 396. ■' Ante, p. 183 ; Gustare Niebauiii, Vol. II, p. 78. AipynioD. 189 MKTIIOD. The vessel commonly used in sealing is a Vessels, outfit, etc. scliooner ranging from twenty to one liundred and lifty tons burden ; the average tonnage per vessel for the Victoria fleet in 1890 being ()3.2 tons.' The number of hunters and canoes or boats carried by a sealer depends upon the size of the vessel, but the average number of canoes is between ten and sixteen, each manned by two Indians," and when the hunters are whites the boats generally number five or six.'' In some cases both Indians aud whites are employed on the same vessel ^ The average number of men to a vessel in 1890 was twenty-two.' Tlie Indian hunter almost invariably uses a inaian hunters, spear, and though in the last two or three years firearms have been carried in the canoe,* the principal weapon used by him is still the spear. ^ A full description of the spear, canoe, and man- ner of hunting is given by Lieut. J. H, Quinnan, who accompanied some of the Indians in their canoe during a hunting excursion.^ The most ' ("iiiiiKliaii Fisliorion Report, 1890, page 183. - Niels Boiule, A'ol. II, p. 315-;UG ; Moses, Vol. II, p. 310. •' Piitricli Maroney, A'ol. II, p. 464; J. Jaraieson, Vol. II, p. 329- 330; Xiols liomle, A'ol. II, p. 31C. ' .Fiiiiu's Dalgarrluo, Vol. II, p. 3Gt. ■ Teter Brown, Vol. II, p. 377 ; Morris Moss, Vo'. II, p. 311. " I'eter Brown, A'ol. II, p. 377 ; Moses, Vol. II, p. 309. ".Report of Lieut. J. H. Q»iinrnn, Vol. I, p. uOl. See also A.J]B. .Vlcxauder, A'ol. II, p. 352. 190 PELAGIC SEALING. Indian iiuntew. expert spearsiuen are the Makali Indians of Neali Bay, Washington.' The Indian, from his method of hunting, loses very few seals that he strikes, securing nearly all." White hunters. The white liunter, on the contrary, loses a great many seals which he kills or wounds.' Each boat contains a hunter, a boat-steerer, aud a boat-puller ;* the hunter uses a rifle,* a shot- gun,® or both,' the shotgun being loaded with buckshot.*^ A minute description of the methods employed by both white and Indian hunters is given by Capt. C. L. Hooper, commander of the United States revenue steamer Corwin, who was many years in the waters of the North Pacific and Bering Sea, and makes his statements from personal observation." RESULTS. Waste of life. There are two ways in which a seal may be destroyed by this method of hunting without ' A. B. Alexander, Vol. II, p. 352. - Thomas Zolnoks, Vol. II, p. 399 ; Osly, Vol. II, p. 391 ►, Watkins, Vol. II, p. 395. •' James Kiernau, Vol. II, p. 450; James Kennedy, Vol. II, p. 449. ^ Thomas Lyons, Vol. II, p. 400 ; James Moloy, Vol. II, p. 4G3; James Kennedy, Vol. II, p. 449. ■'' James Kennedy, Vol. II, p. 449j Eddie Morehcod, Vol. II, p. 467 ; George' Zammitt, Vol. II, p. 507. « L. G. Shepnrd, Vol. II, p. 188 ; Adolphus Sayers, Vol. II, p. 47.'5. ' Patrick Maroney, Vol. II, p. 464; Peter Collins, Vol. II, p. 413. " Charles Lutjens, Vol. II, p. 459. ' Report of Capt. C. L. Hooper to the Treasury Department, dated June 14, 1892 ; Vol. I, p. 498. See also as to white hunters, William Brcnnun, Vol. II, pp. 360, 361. RESULTS. 191 being secured ; one ia by wounding it so tliat, vvustoofiife. though it still retains vitality enough to escape from the hunter, it subsequently dies of its in- juries ; the other is by the sinknig of the seal, killed outright, before the boat can be brought alongside and the carcass seized by the hunter. Uf the first of these means of loss Dr. Allen wounding, says : " Those only wounded, whether fatally or Otherwise, dive and escape capture. The less severely wounded may, and in many cases doubt- less do, recover from their wounds, but in the nature of things many others must die of tiieir injuries. There is a wide range of chances between an instantaneously fatal or disabling shot and a slight wound from which the victim may readily recover, with obviously a large proportion of them on the fatal side of the divid- ing line."' This is self-evident when the fact is taken into consideration that the boat is in almost constant motion, and the mark is the small head ot a seal among the waves thirty, forty, fifty," or, when a rifie is used, even a hundred yards^ from the hunter. Four other conditions also modify this possibility of loss ; first, the state of the weather, for if the water is rough the boat and • Article by Dr. Allen, Part III, Vol. I, p. 109. -' T. T. Wi'uiams, Vol. 11, p. 494. = T. T. Williams, Vol. II, p. 503. * [315] o 193 I'KI.AlUC SK.VI,IN(I. Woiin.iintJ the seal liaving more motion the percentage of those killed or stunned by the shot is much less than when the sea is smooth ;' second, the con- dition of the seal shot at, or if breaching, the shot being at the body is not as liable to paralyze the animal, though it may be as fatal as wlien the seal is asleep on the water with only a portion of its head exposed as a mark -^ third, the skill of the hunter is also to be considered;' and fourth, whether or not the seals are wild and hard to approach, in which case the hunter is from necessity compelled to fire at long range. The Indian hunters, with their spears, who are forced to approacli luch nearer the game than a white hunter armei with rifle or shotgun, speak particularly of the increased timidity of the seals since firearms have been used in taking them/ They also state that many seals taken b^ them have shot imbedded in their bodies,' and some are badly wounded." This, besides being evidence of the great number wounded and lost, naturally tends to making the seals fearful of the approach of man. Not only has the increase in the num- • John H. Dulton, Vol. II, p. 418; James Kiernan, Vol. II, p. 4501 William Mclsaac, Vol II, p. 461. 2 T. T. Williams, Vol. II, pp. 494, 504 j Niles Nelson, Vol. II, p. 469. ' Daniel Claussen, Vol. II, p. 412 j Luther T. Franklin, Vol. II, p. 425; James Kiernan, Vol. II, p. 460; James Kean, Vol. II, p. 448. * James Lighthouse, Vol. II, p. 389; Watkins, Vol. II, p. 395. " Wispoo, Vol. II, p. 397 ; James Lighthouse, Vol. II, p. 390. " James Lighthouse, Vol. II, p. 390, l ' ' . RKHl'I/rS. 1!)3 bcr of white hunters in the last few years made w.mmiing. tlic seals much wilder than before fireaims wi^re us(mK hut it has also added largely to the num])cr 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' Associaticm of Victoria, British Colinnbia, 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 tl e seal- iiijf 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 al)ovo mentioned for each vessel shall be new men 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."^ Sec British Blue Book, U. S. No. 1 (1891), C-6258, p. 82. [315] 2 104 Wounding. Sinking. TELAGIC SKALlXa. The number of hunters thus allowed to a vessel is therefore about one-half the number of those actually taken on a vessel employing vvliiie hunters. Besides those lost by wounding, in many cases, others killed outright are not taken, because the 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 much 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 of 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 loss in case the seal is killed outright is certainly large, though not so great as when the seal is Avounded. ' Article by Dr. Allen, Tart III, Vol. I, p. 400. -' Thoniaa Urown (No. 1), Vol. II, p. 319 ; Bernhardt Bloidncr, Vol. II, p. 315 ; John W. Smith, Vol. II, p. 233 : Jolni Woodruff, Vol. 11, )). 500. • •' T. T. Williftuis, Vol. II, p. 504; L. G. Shepherd, Vol. II, p. ISS. ■•T. T. Williams, Vol.11, p. 504; Henry Mason, Vol. II, p. 4C5| J:imes Laflin, Vol. II, p. 451. ' Henry Brown, Vol. II, p. 318. RESULTS. 195 Under the circumstances, it is most difficult Percentage lost of to fix the actual number of seals destroyed and '^°"' '''""*• not secured by hunters using firearms ; but it ig a conservative estimate to say that such hunters 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 seahng business, since 188], says : « An ordinary hunter would not get more than one out of every three or four that he killed."== Daniel McLean states " that about one- third are taken ; '" and Capt. Martin Benson, of the sealing schooner Ja?nes G. Swan, says about sixty-six per cent, are lost.* These men are all hunters of long experience, and their statements are not only supported by many others,^ but numerous witnesses give the number lost at a niu<^h larger figure. E. W. Soron, mate of a ealhio- vessel in 1888, says: "We only got r.bout one out of every five killed."" Thomas ' " Brown {No. 1), a boat-puller for tliree years, ' Vdl. II, p. 4ii . ' Vol. II, J,. 432. ■' Vol. II, p. 443. ' Vol. II, ]). 405. ■,,-^u'v"',,^- ■?"•"' ^''''- "' ''■ ^'^^' Bomhnrdt Bleidnor, Vol. II, p. r; ■ , , ^^ --'''bu'-ie, Vol. 1 1, p. m ; Martin Hniinon, Vol. II, p. 445. »"l. Jl. p. 47f». 196 PELACHC. SEALING. Percentage lost of states : " I don't think we got more than one seal those killed. ■ ^ . i . out of six that we killed." ^ Caleb Lmdahl, a seal hunter, says : " On an average a hunter gets one seal out c be " at least seventy-five per cent " and probably more.-" All the above prominent English furriers are subjects of Her Britannic Majesty. George liintle, who has been a sorter and packer of raw seal skins for twenty years, gives the principal characteristics by which the skins of the two ' Vol.11, p. 569. • Vol. ir, p. 581. ' \ol. 11. |.. 571. ' Vol II. p. .j7;j. • Vol II, p. .-^7;,. Sot- also leiirtc Liebcs, \'ol. II, p. 453. 200 PELAGIC SEALING. Testimony of sexes tan be determined/ as do also Mr. John British f urrien. J. Phelan^ and Mr. William Wiepert,^ both experienced furriers. Mr. Alfred Fraser, a sub- ject of Her Britannic Majesty, and a member of the London firn\ 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 p"*^ 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 paper 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 m the trade ' Vol. II, p. 508. - Vol. II, p. 519. '''■"■ - •' 'Vol. II, p. 535. ' ' * Vol. II, p. 558. '■' '' ' Other British testi- mony. RESULTS. 201 mony. as Northwest skins, the same having been taken other British testi. mony. in the open sea, and, from appearances that are unmistakable to the initiated, are exclusively the skins of female seals pregnant."' And the Canadian Minister of Marine and Canadian testi- Fisheries, to whom the letter was referred, states " that the testimony produced by Mr. Hawkins in this connection is quite in accord with the information hitherto obtained."^ In the Cana- dian Fisheries Report of 1886 the following statement appears : " There were killed this year so far from forty to fifty thousand fur-seals, which have been taken by schooners from San Francisco and Victoria. The greatest number were killed in Bering Sea, and were 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 of the entire catch of Bering Sea is made up of female seals."* Rear-Admiral Hotham, Eoyal Navy, in a dispatch to the British Admiralty, dated September 10, 1890, states that he per- sonally saw Capt. C. Cox, of the schooner Sap- phire, Captain Petit, of the schooner Mary Taylor, Captain Hackett. of the schooner Annie Seymour, > British Bhie Book, U. S. No. 3 (1892), C-6635, p. 5. - Britisli Blue Book, U. S. No. 3 (1802), C-G635, p. 75. ' Page 267. ^ Report of the Department of Fisheries, Dominion of Canada (1888),p.240. .•.....;■■•-:■■=.:•. ,....,. ... , 202 PELAOIC SEALING. Canadian mony. Tfistimony American furriers, testi- and Capt. W. Cox, of the schooner Triumph^ and that " they also mentioned (among other tilings) that two-thirds of their catch consisted of female seals, but that after the '1st July very ' few indeed were captured 'in pup.' "' of Herman Liebes for thirty-five years engaged in the seal-skin industry, and the largest purchaser of the skins brought into Victoria, British Co- lumbia, by sealing vessels,' says that ho " has frequently requested the captains of poaching 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 would pay for the 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, they 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 outswim any boat which their several vessels had, and that it was only the female seals who were heavy with young which could be caught."^ ' British Blue Book, U. S. No. 1 (1891), C-0253, p. 17. - \q\. II, p. 513 i British Bhio Book, U. S. No. 1 (1891), C-6253, p. 80 ; Vol. II, p. 5G4. 3 Vol. II, p. 512. RESULTS. 203 Besides the testimony of the witnesses above pckgf™ateh o^ i892. stated, 3,550 seals skins were shipped this year from Victoria, British Columbia, to Treadwell & Co., of Albany, New York, being a portion of the " spring catch," so called, of 1892, taken by the sealing fleet along the Pacific coast. At the request and under the direction of the Govern- ment cf the United States, these skins were examined 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 3,560 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 the males as 11 to 2, or 8A^ per cent. The examiner of these skins also shows how the difference in the sex can be readily determined.* Mr. Charles Behlow, fqr thirty-four years engaged in the handling and sorting of seal skins, at the request of the Government of the United States, examined, in June, 1892, four lots ' Vol. II, p. 620. 204 PELAGIC «KAI,INa. Examination of of skins landed at San Francisco from sealinj? polngic cntch or 1892. "^ vessels, being the " spring catch " for 1 892 of said vessels. These lots aggregated 813 skins, which on examination proved to consist of 681 skins of adult female seals, 49 skins of adult male seals, and 95 skins of pup seals less than one year old.' The proportion of cows in these lots is shown to be to the males as about 14 to 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 his examination to seals under two years of age, 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, consisting of 1,342 skins, taken this spring along the Northwest coast. Of the number, 1,112 were the skins of females, 132 of males, and 98 of gray pups less than one year old.^ The propor- 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 has handled many thousands of the Northwest skins, in connection with his deposition attaches • Vol. II, p. 402. RESt'LTS. 205 exhibits showinff plainly how, even in the Eiominatiou of " ^ . *' . i)eliigiccatohofl8n2. dressed and dyed skins, the sex of the animal cm I be readily determined,' and also, in the cases of the female, whether the animal was in a 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- Testimony of •^ ^ pelagic sealers. riers, a large number of those engaged in seal hunting, whose depositions are appended hereto, affirm that the seals taken by them are princi- pally females. Luther T. Franklin, a seal hunter of three years' experience, states that about ninety or ninety-five 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 being 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. 2 Vol. II, p. 425. ^ Daniel McLean, Vol. II, p. 444. < Vol. II, p. 437. ' '' Charles Lutjong, Vol. II, p. 458. 206 PKL.VOIC SK VLINO. Testimony pt'lttgic Di'iilcrs. Examination of catcli of vcsaols seized. of is supported by many others of the same profea- sion.' Other sealers, without fixing a percentaj^e, state that the seals taken are " ])rincipally "- or " most all "^ females. The skinj upon vessels seized by United States officers in liering 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 188l> were exam- ined, and at least two-thirds or three-fourths were the skins of females.'' j\Ir. 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 Chalknge in Bering Seaj and of the whole number only three were the skins of male seiJs.'' l! is only necessary to examine such an ' WiUint i Short, Vol. II. p. 3-18 ; F. Johnson, Vol. II, p. 441 ; II. Hnrinpcn, Vol. IT, p. 442; A. J. IIofTuiiin, Vol. II, p. 4-iO. - Williiiin II. Long, Vol. II, \i. 457 ; Junics Kc;in, Vol. II, p. 448; Jiimes Kennctly, Vol. II. p. 449. •' George Ziinimitt, Vol. II, p. 507 ; Ailolph Savers, Vol. II. p. 473; Thomas Brown (No. 1), Vol. II, p. 3iy. ' Vol. II, p. 189. ; • Vol. II, p. ao. « Vol. II, p. 205. HKwIT.TS. 207 Dostnictiun oi' pregnimt fciimk'a. array of testimony as the foregoing 1 o uetermine Kxamimition of , ' 111 eh of VOBSl'ls the cause of tlie rapid decrease m the AhisknaseizeiU seal lierd. But iu addition to this great slaughter of the ])n)ducing sex, anotlier ^vaste of life is caused, as idready stated, througii the pregnancy or mater- nity of a large proportion of tlu; female seals. As long ago as 18G5) Capt. C. M. Scammon, of the United States Revenue Service, and author of "The Marine Animals of the Northwestern Coast of North America " (published in 1874), observed that nearly all the seals taken by the Indians near Vancouver Island were pregnant females, and August 30, 1869, he addressed a letter on the subject of the double slaughter resulting to the Secretary of the Treasury.' Bowachup, a Makah Indian hunter, says : " I never killed any full-grown cows on the coast that did not have pups in them."^ Daniel ^[cLean says : " The females are mostly all with pup."' P. S. Weittenhiller, owner of the sealing schooner Clara, states that of sixty seals taken this season (1892) forty-six were pregnant females.* James Kiernan, a sealer, states that » Vol. II, p. 47-1. = Vol. II, p. 376. ■• -' » Vol. II, p. 444. < Vol. II, p. 274. [315] p 20S PKL.VaiC SKAMNa. Deitruotion of the seals killed in the North Pacific are mostly pregnant females. females carrying their young.' James Jamiesoi), a sealer of five years' experience, makes the same statement." Frank Morreau, with five or six years' experience as a seal hunter, says that about seventy- five per cent, of the cows taken are " in pup,'"'' and mraiy others make similar state- ments.'' Reason pregnant Quc rcasou wliv sucli a large proportion of females are taken. *^ o i. x pregnant female seals are taken along the coast is clearly stated by Andrew Laing in his exam- ination before Collector Milne, of the port of Victoria, British Columbia, the deponent being recognized by the collector as one of the most experienced seal hunters. On being questioned as to whether he noticed " any marked difference in the manner the females cai'rying their young travel as compared Avith the males," he replied : " The only difference I could see is that they will travel very fast for a little distance, and then turn up and rest." And again being asked whether he thought the pregnant female more shy than the male, he answered, " No, I think ' Vol. II, p. 450. = Vol. II, p. .32!>. •' Vol. II, p. 408. •• William Short, Vol II, p. fl-lS ; Ellnbnsli, Vol. II, p. 385 ; Totcr Simcs, Vol. II, p. 476; Thomas Brown (No. ^), A'ol. IT, p. .119; Tlioiiiii* J;yonf, Vol. IF, |). MiO ; .loliii A. .Swoin, Vol. I.' p. 3i;(); James Niiiitii- jim, Vol.II,p.272; Roncltu^V()l.]I,p.2^2; AmosMill, Vol.II,p.2«5i yimeon C'liiii-liu,)-tiu, Vol. 11, p. 2."j0; Ihnry Uiown, Vol. 11, p. 'Ml. RKSUI/t'fi. 209 they are not more shy. The female is always Reason pregnant , . females are taken. mcUned to be sleepy. The male is always on the watch.'" Capt. J. D. McDonald, owner and commander of the sealing schooner Adventure^ who hunts from San Francisco to Kadiak, says : "Most of the seals taken by me have been females 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 Destruction of nursing female. at the rookeries, and having given birth to their young they go into the water in search of food, in order that they may be able to supply their ofTspring with nourishment.* And as has been shown, they often go from one hundred to two hundred miles from the islands on these excur- sions." It is vdiile absent from the rookeries feeding that tliey fall a prey to the pelagic seal hunter." Eecir - Admiral Sir M, (Julme- Seymour, ' British Bluo IJook. U.S. No. 3 (18!»2), C-663r), p. ]H4. See also James Sloan, Vol. IT, p. -177 ; Isaae Liebe», Vol. TI, p. 454. - Vol. II, p. 260. •' Uritish Bluo Book, U. S. No. 3, 1892, C-6G35, p. 184. * Charlie Wank, Vol. II, p. 273 ; James Unjvtajini, Vol. II, p. 272 ; Simeon Chin-koo-tin, Vol. II, p. 250. ' Ante, p. 115. ''Ante, p. 110. ' Charles Chalall, Vol. II, p. 411; Peter Brown, Vol. II, p. 377- :i7« ; John Fyfe, Vol. II, p. 42S) ; Henry Brown, Vol. II, p. 317-318. [315] P 2 210 I'ELAGIC SEALING. Destruction of in a (lispatch to the British Admiralty, dated nursing females. at Victoria, August 24, 1886, states that three British Columbian sealing schooners had been Hb'iZ'^xi by the United States revenue cruiser Corivin, seaward seventy miles from off the lanu, killing female seals.' Edward Shields, of Sooke District, Vancouver Island, a hunter on the British schooner Carolina, which was seized in Bering Sea in 188(5, states that theyveijfia-iiig the whole cruise out of sight of bi ('. ;: ..\g, " The seals we obtained were chiefly females."^ The sealers, who have given testimony on this point in behalf of the United States, agree that nearly all the seals taken in Bering Sea are 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 captured 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 h>' •. pups in them."* Charles Peterson, a sealer witii 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 ' British Blue Book, U. S. No. 2 (185K)), C-6131, p. 1. - • -' British Blue Book, U. S. No. 2 (1890), C-6131, p. 8. ■' William II. Long, '"ol. IT, p. 458 ; Henry Mason, Vol. TI. p 405 E. P. Porter, Vol. II, p. 347. * Moses, Vol. TI, p. 310. • ! ..'■.■,.' RESULTS. 211 with milk while we were skinning the seals."' Destruction ot , - • T> • nursing females. Richard Dolan, a seal hunter who was in Bering Sea in 1885, says : " I saw the milk flowing on the deck when we skinned them."* Capt. L. G. Shepard, of the United States Eevenue Marine Service, who seized several vessels in Bering Sea in 1887 while they were engaged in sealing, states that he saw milk flowing from the dead carcasses of seals lying on the decks of vessels a hundred or more miles from the Pribilof Islands.* Mr. Eobert 11. McManus, a British subject and resident oi Victoria, British Columbia, made a sealnig voyage in l891 in Bering Sea on the Canadian schooner Otto as a newspaper corre- spondent. During the voyage he kept a journal of events, which he has embodied in his deposi- tion, hereto appended, which contains his views of the matters which took place.* In an entry made Aiipust 29, lie states the total catch of the day was seventeen seals, " greater proportion cows in milk ; horrid sight, could not stay the ordeal out till all were flayed."* He subsequently adds : "It may be safely asserted that over three-fourths ol' the catch of forty-eight were cows in milk ,• ' Vol. II, p. 345. -' Vol. II, p. tut. ■' Vol. II, p. im». ^ Vol, II, 1), ;w7. 212 PELAGIC SEALING. Dead pups on the rookeries. Destruction of this at a distance of two hundred miles from the nursing females. rookeries."' And Mr. Francis K, King-Hall, son of Sir William King-Hall, K. C. B., Admiral in the British Navy, who also was on the Otto dur- ing this voyage, makes substan'Jly the same statements.- That a pup is entirely dependent upon its mother for the first three or four months of its life, and also that a female will not suckle any pup save her own, has already been stated. As a result it is evident that if the mother is killed her pup will die of starvation ; and of this fact the evidence presented is unquestionable. When sealing vessels began to enter Bering Sea in pursuit of the seal herd (1884-85) at that same period dead pup seals on the rookeries first drew the attention of the residents of the Pribilof Islands.'' Professor Dall, who visited the rookeries in pups 1880, says: "There were not in 1880 suifi- cient dead pups scattered over the rookeries to .'ittract attention, or form a feature on the i()(jkery.'"' Captain Bryant, who was on tlie islands fi'oni 1870 to 1877, says, "A dead pii]) was rarely seen.'"* Mr. J. H. Moulton, who was No dead prior to 1881. • \o\. ir, p. .138. - Vol. II, p. 333. •' Mr'oli KrukofT. \o\. II, j). 132. ' Vol. ir. p. 23. ■ Vol. [I, !>. K BESULTS. on fet. George Island from 1877 to 1881, says: No dead pups prior to 1884. " There were practically no dead pups on the rookeries. I do not think I saw during any one season more than a dozen." ' Mr. H. G. Otis, Treasury agent on the islands from 1879 to 1881, states that "it was a rare thing to find a dead pup."- Mr. H. A. Glidden, the Govern- ment agent from i882 to 1885, says: "During the time I was on the islands I only saw a very few dead pups on the rookeries, but the num- ber in 1884 was slightly more than in former "3 years. From this time (1884) forward dead pups on the rookeries increased in numbers annually. Mr. T. F. Morgan says ; " From the year 1884 down to the present period when I left St. George Island, there was a marked increase in the number of dead pup seals."^ Mr. A. P. Loud, assistant Treasury agent on the islands from 1885 to 1889, says that he can not make a statement as to the number of dead pups on the rookeries in 1885, :is he was not present that fall : but in 1886 he Miw ii large number of dead pups lying about, and that these pups were very much emaciated. 'Vol. II, p. 71. - Vol. IT, p. 87. ■' Vol. II, )). 111). Soo iilso Joliii Armstroii);, Vol. IT. p. 2. * Vol. IT. ).. 01. Tiuie of appear- ance of dead pups. 214 PELAGIC SEALIXa. Time of appear- and had evidently been starved to death. He ancc of dead pups. further states that the number of dead pups in 1887 was much larger than in 1886. In 1888 there was a less number than in 1887 or in 1889, owing, he believes, to a decrease of seals killed in Bering Sea that year ; but that in 1 889 the increase again showed itself.' Dr. W. S. Here- ford, already mentioned as the resident physician on the islands from 1880 to 1891, says : " The loss of pup seals on the rookeries up to about 1884 or 1885 was comparatively 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."^ * •, >; >»i;; Mr. Stanley Brown, in examining the rookeries in 1891, fixed the number of dead pups at be- tween fifteen and thirty thousand.' Captain Coulson, who was on the islands the same year, says : " Thousands of dead and dying pups were scattered over the rookeries."* And Colonel Mur- ray fixes the number of dead that year at "not less than thirty thousand." * Other witnesses support ' Vol. IT, p. 39. -Vol. II, p. 3' 3 Vol. II, p. 19. , , '.. < Vol. II, p. 41.5. , '■' *Vol. II, p.74. Kumber of dead pups in 1891. RESULTS. 215 Cause of death of pups. these statements.* The rookeries, strewn with Number of dead . , pups in 1891. (lead and dying pups, were also in 1891 inspected ])y the British Bering Sea Commissioners.'' And Kerrick ArtomanolT, the old chief of the St. Paul natives, in speaking of their appearance on the rookeries during the last six years, says : " In my sixty-seven years' residence on the island, I never before saw anything like it."' At the request of Mr. Stanley Brown,* Dr. J. C. 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 suras up this opinion with eight reasons why he believed the young seals died of starvation.^ His opinion as to the cause of their death is shared by many others who had an opportunity to examine the dead and dying pups on the rookeries.^ The natives on the islands, ' Anton Melovedoff, Vol. II, p. 143: H. H. Melntyre, Vol. II, p. 51 : Charles W. Price, Vol. II, p. 521 ; Aggie Kushin, Vol.11, p. 128 ; Jchii Frntis, Vol. II, p. 108 ; H. N. Clark, Vol. II, p. 159. - Milton Barnes, Vol. II, p. 101. ' Vol. II, p. 100. ,^. , , , : . ,, , . , .-. ' Vol. II, p. 19. ''■ '- ■ ' • ' ; ; ' Vol. II, p. 95. . ' I ■ , ; ■ .' " ' ' ' Vol. II, p. 96. ' W. H. Williams, Vol. II, p. 94 ; J. Stanley Brown, Vol. II, p. 19; CImrles W. Price, Vol, II, p. 521 ; Aggie Knshin, Vol. II, p. 130 ; Johu Fratii, Vol. II, p. 109. 216 PELAGIC SEALING. E fleets of pelagic gealiug. Cause of death of who have livcd there for many years, testify that pups. although they have eaten seal meat all their lives they never knew of a sick seal and never heard from the old residents of sickness among seals.^ This great mortality, therefore, was not caused by an epidemic among the animals, for no 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-five per cent, are either pregnant or nursing ; that the destruction of these females causes the death of the unborn pup seals or those on the rookeries dependent on their mothers for nourishment ; and, finally, 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 MelovedofF, Vol. II, p. 143 j See also Itaniel Webster, Vol. II, p. ]«3 ; Kdward Hiighen, Vol. 11, p. 37. - Apfiu' Kusliin, Vol. II, p. 128; Niroli Krukofp, Vol. IL p. 133) Kiirp IJutcnii, A'ol. IT, p. 103 ; .Tolin Vm\\!>, A'ol. IT, p. 10". ■' .hile, p. 1 1."). RESULTS. 2ir year, but also the reduction of the annual birth- Effects of pckgio rate by 7,500 each following year for probably fifteen years, besides the added loss of the young born to the female portion of the pups destroyed, which would be an ever increasing quantity. But disregarding these last two important points, the enormous destruction of seal life can be readily seen if we take the figures supplied by the Cana- dian Fisheries lleport for 1890.' In that year there were sold in Victoria alone about 55,000 skins taken by pelagic sealers ; allowing that 20,000 of these were secured by Indian hunters and only 35,000 by white hunters, the number of seals actually killed would be at least 1 25,000 ; of these 80 per cent., or 100,000, would be females und 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 producing sex killed would be 137,500, and the total loss to the herd of 200,000 seals, for which the sealers show but .')5,000 skins. It must be remembered that 55,000 represented only the number of skins sold in Victoria, which is undoubtedly 10,000 short of the actual luimber secured by both the British and American sealing fleet. Each year also adds to the destructiveness of the fleet, for 'Piigi-lSS. 218 PROTECTION AND PRESERVATION. Efleots of pelagic the captains in command becominj:^ more and «ettling. ... . more familiar with the habits, track, and feeding- grounds of the migrating herd, are able to reach the various points off the coast at the time when the main body are at tliese localities, and harass them incessantly on their way from the Faral- lones to Bering Sea.* The effect of pelagic seal- ing is briefly and truly summarized by Karp 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 Alaskan seal herd must either be soon exterminated, or else a sufficient and full protection gi . en from the pernicious methods employed by open-sea »eal hunters. FBOTECTION AND PBESEBVATION. • OTHER SEAL HERDS. Dertruction. 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 Capt. C. L. Hooper to the Treasury Department, dfttwl June 14. 1892, Vol. I, p. 499. - Vol. II, p. 103. OJIIKR SKAL HERDS. 219 from a commercial point of view, practically Desfmction. extinct. A full account of the distribution and the destruction of the antarctic seal herds is given by Dr. Allen in his article found in the Appendix.' C;ii)tain Budington, who for over twenty years has sealed about Cape Horn and the islands of the South Atlantic, making his last trip to these regions in the winter of 1891-92, says : " From luindreds of thousands of seals resorting to these islands and coasts the numbers 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 unprofitable."' In speaking of the cause of this extermination, he says : " The seals in all these localities have been 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 iiold their position on the beaches) allowed to he killed, these islands and coasts would be again populous with seal life. The seals would certainly not have decreased and would have ' Article by Dr. Allen, Parts I and II, Vol. I, pp. 365, 393. -' Vol. II, p. 595. See also Isaac Liebe«, Vol. II, p. 615. ■ Vol. II, p. 595. •220 rnoTKCTrox wn i-RKSKRvrrinv Doitrnction. produced ail annual supply of skins lor all times.'' James Kiernan, who about 1843 visited on a sealing voyage the east coast of Patagonia and the Falkland Islands, says : " These rookeries have since been destroyed through the constant hunting of seals."* Caleb Lindahl, also experi- enced in sealing in southern latitudes, in speaking of the destruction of seals at the South Shetland Islands, says : " If the seals on the South Shet- land Islands had been 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 sealing ex tion he made in 1891 to the south seas, says : .^e seals are nearly all killed off down there, so that we got only about twenty skins. It is no use for vessels to go there sealing any more.'" Tlie Russian herd. The pelagic scalers of the North Pacific have not confined their operations to the eastern side of the Pacific Ocean, but have invaded the Eussian 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, p. 595. "- Vol, II, p. 450. •' Caleb Lindahl, Vol. !I, p. 4136. * GustuTe Niebauni, Vol. II, p. 203. olHKR SK\I, ITKRDS. 221 Falkland Tslandf. The necessity of protection to seal life from British protection ()f tlio seal. nulinuted destruction, in order that the species may be preserved, is not only evidenced by the examples above cited, but has been recognized l)y a number of nations, especially by Great Britain and her colonies. In fact, it may be said that wherever fur-seals breed in territory over which Great Britain has control the species has received particular protection from indis- rriminate slaughter. At the Falkland Islands, a British dependency, formerly so productive of the fur seal species, the Governmei ! of the Islands in 1881 issued a decree,' the preamble of which is as follows: "Whereas the Seal Fish- eries of these Islands, which was at one time a source of profit and advantage to the colonists, lias been exhausted by indiscriminate and waste- ful fishing, and it is desirable to revive and pro- tect this industry by the establishment of a Close Time during which it shall be unlawful to kill or capture seals within the limits of this Colony and its dependencies." The ordinance proceeds to enact stringent regulations prohibiting seal hunting " within the limits of this Colony and its dependencies," Capt. Budington, an ex- perienced navigator and seal hunter in southern ' Kiilklrtiid Islttndi Seal Fishery Onliiiancc, Vol. I, p. 435. 222 PROTECTION AND PRKSERVATION. Faikiiiiui Islands, walcrs, visited that region in January, 1892, and he states, under oath, that the ordinance of 1 88 1 is enforced in the sea surrounding those islands outside the tliree-mile limit, and that it would be deemed a violation of the law to take seals during the close season between the Falkland Islands and Beauchene Island, twenty-eight miles dis- tant.^ New Zealand. 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, which not only established a close season, but have at times entirely prohibited the taking of seals for a consecutive period of eight years." The New Zealand Seal Fisheries Act of 1878 established a close season for seals extending from October 1 to June 1." Section 4 empowers the Governor, 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 been substantially reenacted iu all subsequent legislation. The area designated as " the Colony " is taken to mean the area ' James W. Biulingtoii, Vol. II, p. 503. " New Zealand Act, 1878, Vol. I, p. 437. See also Reports, Depart-. incnt of Marino (1880-1890), Reeulations by the Governor of New Zealand in Council, Januiirv 10. 1888. OTUER SEAL HERDS. 223 specified in the act* creating the colony, which New Zealand, defines its boundaries ."^s coincident with paral- lels 33° and 53° south latitude, and 162° east and 173° west longitude.^ The Fisheries Act of 1884' empowers the Governor in Council " to make, alter, and revoke regulations which shall liave force and effect only in waters or places specified therein ; " and almost unlimited author- ity is thus conferred upon the executive to establish close seasons, and to make regulations respecting the purchase or sale of fish, including seals, and punishment for violation of the law and orders. The definition in the act of the term " waters "indicates that it applies to the entire area of the Colony, of which the southeastern '"■• ' '• corner is over seven hundred miles from the coast of New Zealand, although a few smaller islands intervene. The Amendment Act of 1 887,* making the penalties more stringent, provides (Sec. 6) that the commander of any public vessel may seire, search, and take any oflending vessel ' 20 iiud 27 Vic. c. 23, Sec. % Vol. I, p. 43(5 ; Extract. ..." The flovfrnmciit pur^wse leasing tlio right to seal within the Colony of New Zealnnd, which extends witbin the area comprised between 11)2" oust longiludo and 173" west longitude, and betw ',ji 33' and i'lt*' of south latitude." From " Handbook of the Fiihes of New Zi'ivlund." I'lepared under the instructions of the Commissioner of Tiade and Customs, by B. A. A. Sherrin. Aueidand, 1886, p. l!.jt. ■Mnp of Colony of New Zealand, ^'ol. I, p. 437. ' J«'.!W Zealand Act, 1884, A'ol. I, p. 437. ' Xew Zealand Act, 1887, Vol. I, p. 440. [31.^] Q 2.24 PROTECTION AND PRESKBVATION. Now Zealand. Cape IIupo. of "witj^in the jurisdiction of the Government of the Colony of New Zealand." The " Handbook of the Fishes of New Zealand," already cited, a book ** prepared under the instructions of the Commissioner of Trade and Customs," reviews at some length the seal life and industry of the Colony, and in advocatmg stringent 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 the waters of the Colony and enforcing the law.' It i« now proposed to lease the exclusive right to Oooci take seals within the limits of the Colony to a company."'' In the Colony of the Cape of Good Hope sealing is prohibitevi 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 fuv-seals of the South Seas, similar in their habits to the seal herd of the Pribilof Islands, ' > Reports, Murine Department of New Zealand, 1882, 1883, 1887, 1888. 3 " KundlxMk of the FUliua o£ Now Zealand." p. 254. ' Qeorgc Conier, Vol. II, p. 697 j William C. U. SUmp, Vol. 11, p. 676. c. .-■ ; ■ ..ir'-n-, . f. ./_ . I ■/•• .«,»;.,,;. I. j ;,,,, :/i. ^ ' OTHER SEAL HERDS. 225 nt of .book ed, a )f the iview9 af tlie ection should egoing lent of ice for ttg the aw/ It •ight to my to a )f Good •ies and under [ulations jfereuce in their Islands, Oood having fixed habitations on the land, to which Cape of Hope. they regularly resort.* But Great Britain and its dependencies do not British protection of hair-aeal. lunit their governmental protection to the fur-seal; it is extended to all varieties of seals, wherever they resort to British territorial waters, and they have thrown about them upon the high seas the guardianship of British statutes. In certain of the waters of the North Atlantic are found the hair- seal, of much less commercial value than the fur- seal, and to whose existence the land is nota neces-- sity, as the young may be, and usually are, born and reared on the ice ; and yet these seals are under 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 tin,> of fisliing tor seals, or from hindering or frightening the shoals of seals as they enter the fishery. They also forbid the use of explosives to kill seals.^ The most important [hair-seal region of the world is found on the ice floes to the eastward of Newfoundland, often several hundred miles from the coast.* This region has bee for many years ' An examination of the " Handbook of the Fislies of New Zea« l»n(l" (pp, 280-233) wiU ehow that the fur-ieol frequenting those iiUnds in 8iin..\.- in habits to the Alaskan fur-eeal in nearly every psrticulsr. • ReTlnod StfttutoB of Canada, c. 95, Sees. 6 and 7 i Vol. I, pp. 441, 464. ' Allen, "Monograph of HSorth American Pinnipeds," page 234. [315] ■ Q 2 Newf o u n illan( regulations, 226 PROTECTION AND PRESERVATION. Newfoundland past Under the protection of the Newfoundland regulations. Colonial Government, which has enforced a close ■ " season, not allowing sail vessels to leave port on sealing voyages before March 1, and steam ves- sels before March 10, and prohibiting seal killing before March 12, under a penalty of from four hundred dollars to two thousand dollars, and has 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 and prohibits the killing of seals at all seasons of the year except between March 14 and April 20, inclusive. It is further made an offence to bring any seal killed out of season into any port of the Colony under a penalty of fonr 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 front the deposi- ■ ■ ; tions of Eichard Pike, a master mariner of forty- 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 those ' Newfoundland Seal Act, 1879, Vol. I, p. 442. » Newfoun.llHud Seal Aet, 1802, Vol. f, p. lU, OTHER SEAL HERDS. 227 killed on the second trip are females, and many N«wfound land regulation!, at that time are shot in the water and sink before they can be recovered.' Next in importance to the Newfoundland hair- jan Mttycn reguia- seal region is that in the Atlantic Ocean east of Greenland, and known as the Jan Mayen Seal Fishery. This region in the open sea is em- braced in the area lying between the parallels of 67'^ and 75° 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, Eussia, Germany, and Holland, by a series of statutes passed by these several countries during the years 1875, 1876, 1877, and 1 878." The 3rd 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 Concurrence of nationi. and her colonies have found it necessary to pro- tect by legislation the hair seal of the North ' Jiimos O. Joy, Vol. II, p. 591 ; Richard Pike, Vol. II, p. 692. - " Tlio Seal Figliery Act, 1876," .18 Vict., c. 18 ; British Order in Council of Nov. 28, 1876; Law of Sweden and Norway of May IS, 1h7(5; Ordinance of Norway of Oct. 28, 1876; Ordinance of Swidt.i, of Nov. 30, 1876 J Law of Germany of Dec. 4, 1876 ; Ordi- iiniioo of Germany of Mar. 29, 1877 ; Law of the Netherlands of Be. . 31, 1876 ; Decree of the Netherlands of Feb. 5, 1877 ; Law of Riis^in of Dec. 1878 ; Sec. 223 of Russian Code of Lawt, 1886. 228 PROTECTION AND PRESERVATION. ;' Goiicurrence nations. IVhito Sta regula tions. Caspian Sea rrg- ulnl ions. Fur-seal protection hy otlier n'ltions. of Atlantic from extermination, but that other na> tions have united and conourred in the same protection. '• w.r ,...,.,f. Stringent regulation have also been adopted by Bussia for the protection of the hair-seals in the Gulf of Mezen, a part of the "White Sea, the greater portion of which is beyond the three- mile limit. All seaUng is subject to the super- vision of public overseers, who have 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 sealing Qperations, as to which the law contains certain prohibitions.' ; ' v, , V'' : . ..f ••' The sealeries in that portion of the Caspian Sea which belongs to Bussia are under the con- trol of a " Bureau of Fishing and Sealing Indus- tries," which is charged with a general supervision Of the sealeries, and the enforcement of the law, which contains regulations for a close season, a license fee, and prohibition of killing or disturb- ance during the breeding time.' " ; , . ' " , Similar enactments protect the fur-seal in other portions of the world, as other nations have recognized how indispensable to the preservation of the fur-seal species is the prohibition of un- licensed and unlimited seaUng. The Lol^a Code of Russian Laws, 1886, and map of area. Vol. I, p. 445. •;IT^. FISHERIES. i:'.;T.:'ji'i 229 Island rookeries have for over sixty years been Fur-BcaiprotecMon 'by other nntiona. protected by the Government of Uruguay^ and the right of sealing leased to a company under certain restrictions;' and as a consequence of this governmental protection Lobos Islands have for- Lobos islands, many years past been the chief source of supply from the southern seas. The Governments of CaiwHome. Chile and the Argentine Republic have also .. recently given protection to the fur-seals resort- ing to their coasts in the hope of restoring their almost exterminated rookeries.- The Japanese Kunic islands. Government has taken steps toward the restora- tion 'and preservation of the fur-seals at the Kurile Islands,' and the history of Russian pro- tection on the Commander Islands and Robben „ commander and Kubbcn Islands. Island is too well known to need further citation. FISHERIES. '*:!T Ijlfi? ■^•ifCfl'. The foregoing review of the legislation of various nations shows that they have deemed it necessary to adopt stringent regulations, not only in waters adjacent to, but also at great distances from, their respective land boundaries, in order to protect froin extermination the fur and the hair neal. But it will be interesting, and profit- ' iSuniraary of Urugjisy laws, in letter 6f April 2, 1892, bjr the t'ustodian.of Archives .at Montevideo, Vol. I, p. 448; Article by Dr. Allen, Part II, V«. I, p. 397. ■ (}i'orgc Comer, Vol. II, p. 597. • ' i . y i > ' sstntutosof Japan, Vol. I, p.-44tr. '•'=■''*'- '•'''' '''-^ i-'Oi ;-:•;:;,■; 230 PROTECTION AND PRESERVATION. Game laws. able for the purposes of this Arbitration, to carry the investigation of national legislation a step further and to examine how far Governments have gone in the protection of other forms of animal life in the water, and to what extent extra territorial jurisdiction is exercised for the preservation of national interests. All nations and races in all ages have recog- nized the necessity of affording sufl&cient pro- tection for the reproduction and continued existence of all animal life useful to the human race. Even the savage recognizes and enforces this humanitarian and economic principle, but it is most fully recognized and enforced among civilized nations. An examination of the legis- lation of the countries of Europe and America shows that the protection of the Government is everywhere extended to animals ferae naturw during the breeding season, and that especially the mother, when heavy with young or while her offspring is dependent upon her, is under the guardianship of the law. The wild animal on the land and the fish in the sea are both pre- served by a close season and stringent rules, having particular reference to the reproduction and undiminished existence of the species. As indicating the character of thi8*legislatioii, the attention of the Arbitrators is directed to a paper /•!((' < c: FISHERIES. 231 tion. in the Appendix, giving a brief review of the Gttmeiawi. game and fishery laws of Great Britain and Canada.' Game and fishery laws are usually limited inj,,risdirtio''"'*^"'' their effects to the land and territorial waters of the country which enacts them. But instances are many wherein nations have not hesitated to extend the effects of their laws to the waters contiguous to their shores, beyond the ordinary three-mile limit. Citations have already been made of the laws for the protection of seals of quite a number of nations, which, so far as their own subjects are concerned, apply to large areas of the high seas, and it has been shown that Great Britain and Russia extend their exclusive jurisdiction for the protection of seals, frequent- ing waters contiguous to iheir shores, far beyond the marine league. But further instances may be cited where nations have exercised extrater- ritorial jurisdiction on the ocean for the protec- tion of other species of marine life besides the seal. In fact, it may be laid down as a principle, established by international usage, that any nation which has a peculiar interest in the con- tinued existence of any valuable marine product, located in the high seas adjacent to its coasts or ' Game and Fishery Laws of Great Britain and Canada, Vol. I, p. 450. 232 PROTECTION AND PRESERVATION. ..J',-i<- . ;. -u. Irish fiaherim. Extr»terrifcori»i territorial' Waters, may adopt such measures as are essential to the preservation of the species, without limitation as to the distance from lan^ at which such necegst^ry measures may, , be enforced. • • • . • ' .' ' oystler This principle is well illustrated by two receiit ptatutes enacted by the Parliament of Great Britain. By the British " Sea Fisheries Act " of 1868^ provision is inade for the regulation of oyster dredging on any oyster bed within twenty mi^es of a straight line drawn from the eastern end of Lambay Island to Carnsore Point on the][eastern coast of Ireland. The law states in terms that it is to be enforced " outside of the exclusive fishery limits of the British Isles," and that every order issued in pursuance of it shaJI be binding not only on British sea-fishing boatS| but also " on any other sea-fishing boats in that behalf specified in the order and on the crews of such, boats." In other words, jurisdiction may be asserted over foreigners as well as Britisi? subjects at a distance of twenty miles from land. The Scotch Herring Fishery Act of 1889^ fur- nishes another illustration in point. That act provides that certain destructive methods of fish- ing may be prohibited by the fishery board in ' Statute of British Parliament, 31 and 32 Vict., c. 45, Si-c. 67 ; map of area defined in the statute. Vol. I, p. 457. 3 statute, 62 and 53 Vict. c. 23, and map. Sec. 7, Vol. I, p. 468. . Scotch Herring Fishery Act. ..V FISHERIES. 233 Petri (IilieriM of Ceylon. any part of an area of the open sea, two thousand Scotch Hemng . , , ... , . a.r'«'»««7 Act. seven hundred square miles in extent, lying off the northeast coast of Scotland, within a line drawn from Duncansbay Head, in Caithness, to liattray Point, in Aberdeenshire." The act is not confined in its operations to British subjects, but provides that " any person " offending against its provisions shall be liable to a fine and the forfeiture of his fishing apparatus. • The legislation of several of the colonies of Great Britain also abounds in instances of the exercise of extraterritorial jurisdiction upon the high seas for the protection of different species of marine life. The pearl fisheries of Ceylon extend into the open sea for a distance of twenty miles, and they have been the subject of a series . , . of ordinances and regulations from 1811 down to the present time, which for certain purposes define the limit of marine jurisdiction to be twelve miles, and for other purposes a: distance which varies from six to twenty miles.' - ' The pearl fisheries of Queensland and Western Pearl fisUcrieg of Aottralia. Australia were, in the years 1888 and 1889, made the subject of regulation by two statutes enacted by the Federjd Council of Australasia.^ These statutes extended the local regulations of ' Ordinances of Ceylon, and map, Vol. I, ji. 401. ■•' Statutes of Australasia, aind njap, Vol. I, p. 467. I.: I •: 234 PROTECTION AND PRESERVATION. Pearl flghorici of the two conntries mentioned to defined areas of Auitrnlis, the open sea, of which the most remote points are about two hundred and fifty miles from the coast of Queensland, and about six hundred miles from the coast of Western Australia. These acts are, by their terms, limited in their operation to British subjects, but as Sir George Baden-Powell has pointed out, in a recent address delivered before the Association of the Codification of the Law of Nations,^ the remoteness of these waters renders it practically impossible for foreign vessels to participate in the pearl fisheries with- out entering an Australian port, and thereby rendering themselves amenable to Austrahau law. FrontU legislation. The fishery legislation of France also recog- nizes the same principle. A commission, ap- pointed by the French Government in 1849 to investigate the fisheries of that countrv and to make recommendations, reported that thoy deemed it inexpedient to assign any precise ' . limit to territorial waters beyond which the laws recommended should cease to be operative." Accordingly the laws passed in pursuance of this report were so framed as to leave this question open, and the Decree of May 10, 1862, Sec. 2, ' Delivered at Liverixjol, Aug. 29, 1890 ; see page 9. - Rapport de la ConiinisBion du 25 jiiin, 1849, pour resamcii (Vim projet dp loi sur la pfielie maritime e6ti^re, p. 25. FI8UERI£0. 235 went so far as to provide in terms that under cer- French icgitiQtion. tain circumstances fishing might be prohibited over areas of the sea beyond three miles from u 1 Hhore.' Numerous laws have also been enacted by France to protect and regulate the coral fisheries of Algeria, both as to natives and for- eigners, and the coral beds so regulated extend at some points as far as seven miles into the sea.'- The coral beds surrounding the island of Sar- itBiian iegi»iotioii. dinia and lying off the southwest coast of Sicily have been made the subject of elaborate regu- lations by the Government of Italy. The Sar- dinian coral beds are situated at distances from land which vary from three to fifteen miles.' The principal coral beds of Sicily are three in : ... ;v:.: number, and are respectively distant from the coast fourteen, twenty-one, and thirty-two miles. At present all coral fishing is prohibited on these banks by Eoyal Decree, for a designated period. ' French Decree and map, Vol. I, p. 4C9. ' Mup, Vol. I, p. 469. " Lpb Pdchoa Maritiracs en Algirie et en Tiiiiisic." Rapport au niinistre ilc la niariiie, pur M. M. Bouchoii Braiidely, Inspccteur general des pftchcs iiiaritinies, ct A. Bcr- tkoulc, Secretaire general do la Societo national d'ucclimatation, iiicmbrc du Comite eonsultatif dca pt'ches m.-'itinies. •' Map, Vol. I, p. 470. British admiralty chart No. 281. " II Carallo in Sardegna, Rolazioue presentata k H. £. il uiini«tro di .\gricoltura, Industriu o Coramcrcio, dal Professore Parona Cor. rudo, deir Universitit di Cagliari." " Annali dell' Indiutria e del Commercio, 1882." . . . , .. 236 PROTECTION AND PRESERVATION. Norwegian lation. "PaniiinB legis lation. tir Italian legiaiation. at the close of which the previous restrictive regulations will be again enforced/ i«g»»* This principle is also recognized in the legis- lation of Norway in the statute of 1880 for the protection of whales, during an annual close season, in Varanger Fiord, an arm of the open sea about thirty-two marine miles in width, lying off the northeast coast of Norway.* The Government of Panama, in the Eepublic of Colombia, has recently enacted a law prohibit- ing the use of diving machines for the collection of pearls within an area of the sea over sixty marine miles in length, and extending outward about thirty marine miles from the coast.' The Mexican pearl fisheries lying off the coast of Lower California, have been made the subject of special exclusive grants to private individuals. Along part of the coast the pearl beds have been divided for this purpose into two belts, of which the inner belt extends seaward a distance of five kilometers (about three miles), and the outer belt is bounded by lines drawn parallel to the coast at distances of five and ten kilometers. It is ob- Mexican legiala* > Statutes of Italy, and map*, Vol. I, pp. 470, 472. " Relatione del Profcssoro Giovanni Canestriui al Miniitro di Agricoltura, Indux- tria e Commercio Sulle ricerclie fatte nel Mare di Sciacca iutoma ai Banchi Corallini." " Annali dell' Industria e del Commercio, 1882." = Statutes of Norway, Vol. I, p. 482. -' Statute* of Panama, and nw]), Vol. I, p. 484. ./■;i. ALASKAN HERD. 237 jorii- vious that the greater portion of this outside belt Mexican iegwi». ... "°''' lies beyond the three-mile limit. ^ .?.... Maps will be found in the Appendix, as cited, 0'^i>e' c^f • '*f *.** f , , , traterntottftl '"— - showing the extent of marine territory over which diction, jurisdiction is exercised by the different Govern- ments named, Eeference may also be xuade to the British Hovering Acts,' the St. Helena Act of 1815,' and the Quarantine Act of 1825,* as well JV8 various international conventions for the pro- tection and regulation of fisheries on the high seas. .£1 itt)\' 1 i(.^' n .< f.' AtASKAN HERD. . Tliis hasty review of the legislation of near a score of nations clearly establishes the principle announced that any nation, having a peculiar interest in the continued existence of animal life in the high seas adjacent to its coasts or territo-. • • : - " rial waters, may adopt such measures as are essential to its preservation, without limit as to the distance from land at which such measures may be enforced. It is a remarkable fact, how- unprotected con- ever, in view of the legislation just cited, that ^"^ the Alaskan seal herd, so valuable to the human ' Statute* of Mexico, and map, Vol. I, p. 486. -'<.) Ot'u. II, c. 85, Sec. S3, statute repealed in 1826, but partiallj rt'('U8i't<'(l M to the limit oi four leagtie* aa recently aa 18-45, 8 and 9 Viit., c. 86, Sec. 2. ' 5t> Qeo. Ill, c. 23, Sec. 4, Vol. I, p. 495. ' Oco. IV, e. 78, Sew. 8, 9, Vol. I, p. 49ti. 238 PROTECTION AND PRESEhV ATION. ■ Unprotcctod con- race, stauds almost alone in the animal life of dition. the world in being denied protection during the '„..'' necessary period of the reproduction of its spe- cies. The review of the habits of the Alaskan seal and of the practices of the pelagic hunters has shown that for at least nine months of tlie year this herd is exposed to the relentless and untiring pursuit of the pelagic hunter, and that during the remaining three months his hand is only stayed by the inclemency of the weather which renders pursuit impossible. And it has been further shown i,hat this pursuit is most active and destructive at the time when the female seal is approaching the season of the delivery of lier young, or when she is nursing the pup which is entirely dependent upon the mother's milk for sustenance. >' ' ' ''^ •'■■'■ ' ' ' ' >'''*'» of iu The necessity of protection of this particular herd is affirmed by numerous witnesses of every degree of experience and knowledge, including leading naturalists of America and of many European nations, those engaged in the sealskin ■industry, both in the United States, Great Brit- ain, and France, experienced sealers, and many others conversant with seal life and the present condition of the Alaskan herd. Necessity protection. ALASKAN HERD. 239 The British and American Bering Sea Com- iho Jomt Com- missiun. inissionera, although they do not assert in their joint report that protection is necessary, give, as • » a conclusion reached, the following : "We are in , thorou'rli agreement that for industrial as well us 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 preservation."' The British Government also has recognized untisU ncogni. tioii. tiie necessity of protecting this seal herd from destruction, in its corresponden(je with the Gov- ernment of the United States, and has advocated certain methods of preservation through a close season and prohibition of sealing within certain limits.'- Lord Salisbury, in 1888, .so far recog- nized the need of protection to the seal herd as to suggest that a close season from April 15 to October 1 be established in the whole of Bering Sea and those portions of the Sea of Okhotsk and of the Pacific Ocean north of north latitude 47°, and that this limitation 8h(mld be enforced by international agreement between the United ' .[(lint Roport of Dritinh and Atnerican Bering Sea Comniispionorn. J'oil, p. 3(J!t. •' Sir .r. I>uiiiii'ttc to Mr. (iliiinc, April, ISiH); AIar(|uiH of Sulin- liiiry to Sir L. Wont, April Hi, ISUI ; Sir .F. PuiiiKcfoto to Mr. MImrton, Juno 11, 18(il. [315] n 240 PROIECtlOX AND PRKSKKVATIOX, Dr. Sflntor. British rceogni- States, Gre.it Britain, Russia, and other nations tion. . interested. ' Opinions of ProfessorT.H. Iluxlev.in considerinf' this ques- lialuiiilists. • . rrofcssor iiuxUm . tioii of the decline of the Alaskan lierd and tlie need of protecting it, says : "That the best course would be to prohibit the taking of fur-seals any- where except on the Pribilof Islands."'" Dr. Sclater, secretary of the Zoiilogica) Society of London, says "that in his opinion as a nalurahs; unless proper measures are taken to restrict tlie indiscriminate capture of the fur-seal iu the North Pacific he is of the opinicni that the exter- mination of this species will take place in a few years, as it already has done in the case of other species of the same group in otiier parts of the Ml- ri.ini's world."' Dr. 0. Hart Merriam, one of the Amer- can Bor'iig Sea Commissioners, sent out a letter to a number of the principal zoiilogists and .scientists of the world, stating briefly th& results of his inyestiijations as to the condition of the Pribilof rookeries and the cause of the decrease; the letter closes with the following conclusions; "It seems to be a fair inference, therefore, that the only way to restore the depleted rookeries to their former condition is to stop taking seals at sea, Di'. Idler, ' Mr. Wl>i!.p to Mr. Hftynr(l, April 20, 188S ; Marquis of Salixlmrr to Sir L. Wi'st, Ai)ril l(i,"l8HH. -Vol. T, |.. 412. ' Vol. I, ]). 413. ALASKAN IIKBD, m and not only iu Bering Sea, but in the North »>•. Mermm's ^ _ letter. Pacific as well."' In replying to this com- munication. Dr. Raphael Bla'.ichard, of France, Dr. Bianthard. says : " By reason of the massacres of which it is a victim, this species is aclvancing rapidly to- ward its total and final destruction, . . . and there is for our generation an imperious , ..» duty to prevent the destruction of the fur-seal, to regulate strictly its capture, in a word, to per- petuate this source of wealth and to bequeath it to our descendants."- Dr. Henry H. Giglioli, of i^'"- 0'g>i"i'- Italy, in his reply, says : " It is both as a nat- uralist and as an old Commissioner of Fisheries, that I beg to say . . . that I most entirely and most emphatically agree with you in the .. ;• conclusions and recommendations you come to ill your report on the present condition of the fur-seal industry in the Bering Sea, with special reference to the causes oi decrease and the meas- ures necessary for the restoration and permanent ])reservation of that industry, which conclusions and recommendations are fuUysupported and jus- lilied by the fads in the case.*" Professors A. E. iVoftofors >'"'•■ Nordenskiold and W. Lilljeborg, of Sweden, unit- 1"""^- iiii,' in a reply to Dr. Merriam's letter, say: " As to the pelagic sealing it is evident that a systematic ' V.il. I, p. tl7. - Vol. 1, )). 427. ' Ltltor ..f Dr. Henry H. Oi|;li.)li, Vul. I, p 12.--. 242 PROTECTION AND PRESERVATION. Professors Nor- hunting of the seals in the open sea on the way dcnskiold unil I.illje- ° . . ' borg- to and from or around the rookeries will very soon cause the complete extinction of this valu- able, and, from scientific point of view, so extremely interesting and important animal."' Besides these declarations above quoted, other otiiernatiiiuiists. scieutists, of France, Italy, Sweden, Russia, Ger- many, Austria, Norway, and Argentine Republic, to whom Dr. Merriar.i's letter was sent, unite in connnending the conclusions set forth and affirm the need of protection to the seal herd.- I)r. Allen shows plainly the neod of protecting the Alaskan herd, in a brief summary of the results of pelagic sealing.'* In the Canadian Fisheries Report for 1886, already adverted to, Thomas Mowatt, Esq., In- spector of Fisheries for liritish ColuTnbia, in his report, after giving the catch for -he year by sealing vessels, and stating the faC; that it was composed almost entirely of female seals, adds : " This enormous catch, with the increase which will take place when other vessels fitting up every year are ready will, I am afraid, soon deplete our fur-seal fishery, and it is a great pity ' Lt'ttiT of l'rofe»Horn NordoiiNkiold iiiid Lilljob.ir)}, Vol. I, p. HO. - Letten of Ur. A. V. Middendorf, Dr. Emil 'ioriib, Dr. R. Collett, Dr. Lcopol ' Vuii Si'liruiick, and others, Vol. I, pp. 118-133. •■' ArtitU- hv Dr Alien, Part III, Vol. I, p. 410. Dr. Allen. Canadian re:wgni ALASKAN 1{ERD. 243 such a valuable industry could not in some wav Cncndian rccgni- * lion. be protected." Mr. Walter E. Martin, head of the firm of C. . Op'"ion» of Lon- don furrierg. W. Martin & Sons, already quoted, says " that the 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 the 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 herds which formerly existed in large numbers in the South Pacific seas.''^ Sir George Curtis Lampson, already men- tioned as the senior member of the house of C. M. Lampson & Co., says that he " has no doubt that it is necessary in order to maintain the industry that steps should be taken to preserve tlie existence of the seal herd in the North racifio Ocean and Bering Sea from the fate which has overtaken the herds in the south seas."- The said firm of Lampson & Co., in a letter to the Earl of Iddesleigh, First Lord of Her Majesty's Treasury, dated at London, ' Wullor K. Martin, Vol. II, p. 570. - Sir Ocorge C. Lampson, Vol, II, p. 566. 244 PROTECTION AXD PRESERVATION. Opiuioni of Lou- November 12, 188(5, in relation, amon'' other don turners. '^ tliing.s to the preservation of the Alaskan herd, states that "should Great Britain deny the right of the United States Government to protect the (seal) fishery in an eflecjtual manner there can be no doubt that the Alaska fur seals, which furnish by far the most iniportant 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, which used to furnish even finer pelts than the Alas- kas, have already been."^ Again, in September, 1890, Lampson & Co. wrote to the Foreign Office that "unless a close season can he arranged immediately the animal will undoubt- edly become extinct within u very short timc."- Mr. C. Hawkins, a ISritish subject, in a letter already mentioned, addressed to the Marquis of Salisbury, states that " this wholesale slaughter of the females will, in a short time, bring about the extermination of the seal in that district if not arrested."' . M. L^on Revillon, a member of the well known Parisian firm of E6villon frcres, which has been engaged in the manufacture of sealskin gar- ments for over twenty years, in speaking for his Opinions of Fri noli furriers. ' Britidh Blue Book, U. S. No. 2 (1890), C-6131, )). 21. • British Blue Book, U. S. No. 1 (1891), 0-6253, p. 11. =• British Blue Book, U. S. No. 3 (1892), C-6636, p. 5. ; t ALASKAN JLERU. 245 company, says : '' We firmly bolieve tliat if the Opinionsof FiciuU fiii'ru'M. slaugliter of the Northwest Coast fur-seals is not stopped or regulated, the Alaska fur-seals will disappear 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 Heriz & Cie., which is located in the city of Paris. He says : " If this pursuit in the open sea continues as iii the past two years, the said firm firmly believes that in a short time the seal will exist only as a souvenir and will be completely exterminated."' Mr. Elkan Wassermau, of San Francisco, who Opinioniof Amori can furriers. lias been a furrier for thirty years, says : " From my knowledge of the sealing business, I am sati.s- fied that the seals will be entirely exterminated unless protected from the indiscriminate pursuit ill 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 I'ribilof 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 the seals of the South Sea Islands.* And ilr. ' Vol. II, i>. 590. « Vol. II, p. 588. » Vol. II, p. 534. * Vol. II, p. 53S. 246 I'ROTKCTION AND PRKSKRVATIOX. cnn Opinion!) uf polagio seiilora. Opinion»oFAnicri. Hemiau liiebcs, already spokou of as beitifj the largest purcliaser of the Northwest catch at Victoria, British Columbia, ])laces the time of ex- termination at three years unless the herd is pro- tected from the depredations of pelagic sealera.' Turning now to those still more conversant with the wasteful destruction of life through open-sea sealing, the resulting depletion of the Alaskan herd, and the probable effect of contin- uing pelagic hunting, the opinions alreadj' given are still further sustained. A great numl)er of these men, sealers with more or less experience, unite in declaring the necessity of protecting the herd in order to preserve it from certain exter- mination in the near future. Alexander McLean was asked the question : " If sealing contiiuies as heretofore, is there any danger of exterminating them [the seals] ?" lie 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. Morris Moss, vice-president of the Sealers' Association of Victoria, British Columbia, says : " It is very important that if the fur seal is to be preserved, it must be protected from indiscrim- inate slaughter in the open sea or it will soon be ' Vol. II, p. G14. = Vol. II, p. 438. ALASKAN nKRP. 247 exhausted."' John Morris, a senler of experi- opinion* of poiugio eiice, already mentis ned, says : " With the pres- ent increasing fleet of sealing vessels the seal lierd will soon become exterminated unless some rpstrictions are placed upon pelagic sealing.'"- William II. Long, who has been a hunter, a mate, and a captain on sealing vessci^i, says : " I think if soiiipthing is not done to protect s>\als in the North rarilic and Bering Sea they will become exter- minated in a very few years.'"' Caleb Lindahl, who has sealed both in arctic and antarctic seas, says:'' If they keep on hunling them in the Bering Sea and the North Pacific, in the same way tliey have done in the last few years, they will oxtcrminate them in the same way [as in the southern seas], because most all the seals killed are females.'"* To these statements might be added may others of those experien(;ed in open-sea sealing.* The certainty of extermination of the herd if Opinions of Indian *^ linnters. not protected is also set forth by many of the lu'.lian hunters, whose long experience and care- ful observation of the condition of the migrating 'Vol. II. V. 312. •V„l. II,p. ;uo. 'V,.l. 11,1.. i,-,H. 'Vol, II, p. 48(i. 'Tli.iinii.s (iihson. Vol. II, p. 432 J A. J. Hoffman, Vol. II, p. 447; F. F. F.fii.y, V,il II, p. 220 ; Luther T. Franklin, Vol. II, p. 420 ; 't Holm, Vul. II, p. 308 ; Martin Benwju, Vol. II, p. 406. 248 I'ROTECTION AND l'KKSi;UV.\TION. Opinionaof imiiiinliertl froiu voai" to year make them fully coinne- luiiitcM. _ * -^ ^ . tent lo P Loud, Vol. II, p. 30 ; H. a. Otis, Vol. II, p. 88 ; Wui. H. Wyii«w* Vol. II, p. 94; Aj?«ie KuHhin, Vol. II, p. 130 ( C. M. S.nnmion, Vol. II, pp. 475, 470. ALASKAN IIKHD. 249 ompe- rei'^Ut. r. "H ire will )huson, h 'p'UUS slut, an tei 9ta^ (fives as hunting re unless nil huiil- lUS make 9; li;ivt' Ml) lu'sitiitiou in saviiii; that if the fur-seal Opinion* of other wifni''i' HERD. 251 limited prohibition, while those who are unbiased Mean* nt<:c»t»rj. by interest or who desire the preservation of the seal declare that abs(»lute prohibition only cau accomplish its preservation. Mr. Philip Lutley ^olater, Ph. ])., secretary \ii-.,.!ut. i.rohibi- 01 the Zoological society oi London, says thating. in liis opinion as a naturalist, " unless proper measures are taken to restrict the indiscriminate capture of the fur seal in the North Pacific; the extermination of this si)ecies will take place in a few years, a.H it has already done in the case of other species of the same group in other parts of the world ; " that " it seems to him that the proper way of proceeding would be to stop the killin<' of females and young of the fur-seal altogether, or as far as possible, and to restrict the killing of the males to a certain number ia each year ; " and that '• the only way he can iir, I'jine by which thesa rules coidd be can-iod cut is I)v killiuif th(! seals only on the islands at ihe l)reeding time (at which time it appears that tlie young males kee[) apart from the females and old males), and by preventing altogether, as lar as possible, the destruction of the fur-seals at all oiher times and in other places."' Professor l>all, whose opinion must necessarily be con- ' 1'. !-. Siliitor, yol. I, i>. 418. See aUu quotation fi-oiu Prof. T. H. lluvli'v, niih, |). aw. PROTKc riOX AN'D PRiWKRVATIOX. tion ing, Ahi.ohito proWhi. jjidered as entirely unlHaaed. unless a screntilio in of p«lagu> st'ul- •' interest can be regarded as a bias, say? : " Upon the amount of protection depends the safely of the seal herd in tlie future. If protected only upon the Pril/dof Islands, extermination will he rapid ; if they are protected upon the islands and in the waters of Bering Sea also, the decroasf; will be slower, but ultimate extinction will prob- ably follow. To preserve them completely it is ne ;ibs()lute ])rohil)ili()U of pola^'ic scaling, i.t'., intr. till' killing of seals in the open sea, whether in the Xnith racilie or the JJering JSea, is necessary to the prt'siTvation of the seal herds now surviv- ing.""' Jieside.< the statements given above, many utlier witnesses express the same opinion.- Those asserting tlie need of onlv a limited pro- i-''"'.''"! i>iniiibi- hii)itioi! are divided in their views as to the '"'•'• means necessary, some advocating a close season, ill which all killing of seals should be prohib- ited, others that the use of lirearms in takinj'' seals should be forbidden, others that the .«cal herd should not be molested in the walers of He'iiig 8ea, and still others who believe that a /!oiie about the islands of from thirty to (ifty miles would bo sullicieiit. The lirst of the.se propositions is supported by A iioso ufagon. a number of sealers, but the period of time iu which pelagic hv^ahng shouUl be i)roliibited varies. Daniel Chiussen advocates a close season from July 1 to the last i>f October;"' Arthur tirilhn, fniiu April to September 1, inclusive 4' Jo.shua ' V„I. IT. 1.. r,57. -W C. C..u1m.ii, V<.I. II, p. Hf, ; T. F.Rviiii, \. .1,11.1). i::.; ''Jl- Mi.iilt.iii, Vol. II, p. ya i \V, II. Tin lor. Vol. 1 1, p. 177; It. F. Scrihiic!-. \''!. II, p. '.in J 'I'. I''. Mor^JUll, Vol. 11. p. (i."); (illstiivc Isiiiu-Jioii, Vol. If. |v no ; .1. A. Hr«l!..y, Vol. II, )i. 2L'7 ; H. W. M.Iiit.vrf, Vol. II, v,.i. 11, p. r.i-. ' V..1 II. p. :t:')i. 254 PROTECTIOX AND PRESERVATION. A close srasoD. A ulo«e season iui' pwi'tifiiblo. Stickland, from May 1 to September 1 o ;^ Frank Johnson from the 1st of July to the end of the year ;- G. E. Miner, from January 1 to Aujfust 15.'' James Kiernan says the seals should Ik; protected from February until O(;tober/ imd Isaac M. Lenard, from February to November,' Thomas Brown (No, 1.) says that in order to prevent the extermination of seals the hunting of them should be prohibited until after the mother seals give birth to their young ;" Avhich oi)inioii is also advanced by Capt. Victor Jackobsoii.' William Short says that sealing should be pro- hibited in the Xortii racihc before the middle of June." And Charles Peterson says : " The prac- tice of taking seals in the water before thev ifive birth to their voung is destructive to seal life and should be prohibited."" A glance at the above opinions of those who have been or are engaged in pelagic sealing is sufficient to show that a close season cannot accimiplish the preservation of the seal, for, taken ' Vol 11, p. 350. «\ol. II, r. 441 «\ol. II, r. 441. ' Vol. 11, p. 4fi7. Si-e iilfo George DiMiow, Vol. II, p. * Vol. II, p. 451. ^ Vol. II, p. 217. 323. p. 217. " Vol. 11, p. 319. " Vol. II, p. 328. » Vol. II, p. 348. » Vol. II, p. 34«, ALASKAN HEKI) collectively, every montli in the year is comprised ,^pjj,,^t,,g in thestatemeiit of one sealer or another, evidently showing that in every month the seal herd needs protection. Dr. George ])awson, one of the British Berinf^ Sea Commissioners, in an article entitled " Note on the Question of Protection of the Fur-Seal in the North Pacific," which was inclosed in a conununication from Sir Julian Pauncefote to Mr. Blaine, dated March 9, 1890, says : " The circumstance that the female fur- seal hecomes pregnant within a few days after the hirth of its young, and that the period of gestation is nearly twelve months, with the fact that the skins are at all times fit for market (though for a few weeks, extending from the niicUlle of August to the end of September, during the prorrressof sheddin«f and renewal of the longer hair, they are of less value), show that there is no natural basis for a close season generally applicable."' And Sir George Baden-Powell, the other British Bering Sea Commissioner, in a letter to the London Times, puljlished Saturday, November 30 1889, opposes a close season for all months excepting July, August, and Septem- ber, on the ground that " the Canadian sealers commence sealing in December and seal ooiitin- 255 \ oloM eeaeon ii)>- -Nu, l. ■"^irJiiliaii I'auncefoto to Mr. Blaiue, March 9, 1890, iuclosurt- [315] 256 rUOlKCTION AND PRESKRVATION. A dose H',wi\ iiii- iiously from then till August." Professor Huxley pnu'ticiiblo, 1 • T 1 11' also says : " lu such a case as this i tlo not boheve that the onlbrceinont of a close time, either in Bering Sea or on the Northwest Coast, would be of any practical utility, unless the fishing is absolutely prohibited.'" I'n.iiii.iiion of uso '£\iq sccoud lucans of i)roteetion,the prohibition ot llrciii'm>. of the use of firearms, is naturally advanced by the Indian hunters.^ If is but necessary to recall the fact that with less than twenty vessels engaged in sealing during the years from 1880 to 1885, when sjjcars were practically the sole weapon used in the chase, the seals ceased to increase." If, then, the present fleet of over a hundred ves- sels carried only Indian hunters it is evident the seals would still decrease, for the catch of the Indian, like that of the white man, is composed of the same proportion jf female seals and is entirely indiscriminate.' i'n.iiii)iii.m of jio- The third proposition is to close Bering Sua soa. irom the nivasion 01 seanng vessels." 1 he same suggestion made on the last point stated, that the seals ceased to increase from 1880 to 188'), with I SliMciiicnt of I'rof. T. J. lliixlrv, Vol. 1, |.. ■l\2. -' 'l'»oiit;k\Viik, Vol IF, p. 2 lli j Mn^ Kooyii, \'ol. II, jp. 210. Si"' iiNo V. R. K iig-JIiill, Vol. ir, ]i. iiU. •' Antt!, |i. 105. ' Mirlmcl Woo!.koot, Vol. IT, p. 275; Kobcrt Kooko, Vol. II. ]'■ 2'M!j Jiick Shuiky, Vol. II, ]). 2S1).: Clmrlio Tluksatpii, Vol. II, i>.:i70 • WilUiini II. Suiitli, Vol. II, p. 178. ALASKAN IIICHI). L'.)7 less than twenty vessels in the business, is applic- vioiiiinti able to this method of protection; for, as has U'""!.' Son. alp.'ady been stated, the sealing vessels at that time seldom entered Bering ^foa, (•onfining their operations almost entirely to the North racific,' and therefore a large increase in thti Heel, even though excluded fro* i that sea, would ultimati'ly cause the practical extinction of the herd. The British Government, through its Minister to the I'liited States, Sir Julian I'auncefote, in April, 1890, submitted proposals for a convuMtion, in rolation to the sealing industry in Bering Sea and the Sea of Okhotsk, in which Great Britain, Ivussia, and the United States should join. In these proposals the area suggested to be closed included not onlj' liering Sea, but u considerable portion of the Pacific Ocean south, of the Alaska Teuiiisula and the eastern Aleutian Passes. ~ And in the earlier correspondence Great Britain even proposed to extend the legislative protec- tion as far south as the forty-seventh parallel.' Sir George Baden-Powell, one of the British Ik'iing Sea Commissioners, in an article which was published in" The New Iteview," February, ' .iii/p, |). i(>ti. • l.i'tl.T i)f Sir J. I'miiu'cfoti to Mr. Blniiit'. tlntfil April --, iNiM), illl'lcKlllV 1. 'Mr. While to. Mi\ Diiyanl, April 20, ISSS ; Murqui^ of Suli>.l)iir\ I.' Sir 1„ Wi'st, April l(i, IH8S. Sir iil.-«) Sir .Tiilinii riUiiiccl'nl,' lu .Mr. Wliiirli.M, Jiinr 11, IS'.U. [:3i5] s 2 III iliiu 258 rROTECTlUX AND I'RESKRVATIOX. rrohibitiun of igOl, savs : " Eflectivelv to protect the industrv |ieln|;io Rniliiig in " , . ' boring Sni. one wouUl luive to include all the racific Ocean and coasts thereof to north of, sa}', latitudo 50 deg."^ Great Britain has therefore conceded that the seal herd needs protection outside Bering Sea during the greater portion of its migration, rniiiibitii.ii of The fourth and last means of a limited prohi- pt'lngii- Bculiug witiiiii II zone. bition proposed is to draw an imaginary line about the islands within which open-sea sealing should be prohibited. The distance suggested as a radius for such a zone about the I'ribilnf Islands varies from twenty-live'- or thirty-' to lifty miles.* t'..in-Ms of siuiiug To show liow ineflectivc such a means of pro- Tt'sse'.!'. tectit)U would be it is but necessary to examine the charts showing the courses of scaling schooners seized in Bering Sea in 1887, which have been platted, from the original log books of the vessels in the possession of the United States Government, by the Bureau of the United States Coast and Geodetic Survey and which have been ' "The l{iTiii;» 8ra Di»i)utL' : A ScttloiiuMit," by Sir Gt'orf^o Uuilt'ii- Powcn, Vol. I, |). r.H:i. - I,li nine Hook, I . S. No. 1 (1892) C film, No..^, p. 2. •* lii'iirv I'oliiiul, \'ol. II, |). 572 ; Sir J. I'liMiici-foli- to till' XIiiri(ui< of Salisbiin, I'Vb. 2(i, lH!t2, Ui-ili»h liluo Book, U. S. No. 1 (ISUJ), t' (i(i;t;t, No. M, p. a. ^ Morris Moss, Vol. II, p. Si'i. AT.ASKAX irrcRP. 2.')0 certified to by the Chief of that Bureau, An Courses of sciiiing examination of the course of the British schooner Ada, of Victoria, British (.\»huubia, will at once prove the ineffieacy of a zone as a means of protection, for it is there sliown that within a given area the nearest point of which is one luuitlred and thirty-seven miles from the islands the catch for thirteen days was seven hundred aiid forty-seven seals, while in a given area nearly one hundred miles nearer the Pribilof Islands the catch for eighteen days was but five hundred and nfty-six ; and, further, that at no time was the vessel within forty-five miles of the serd rook- eries.' The course of the British schooner Al/n'il Adniiin shows the nearest point to the islands when! seals were taken by lier in 1887 was about sixty miles south of »5t. George Island, and that the majority of her catch was made one hundred and twenty-five miles from the islands.'- The schooner Ellen never came within one hundred and sixteen miles of the rookeries on the islands,^ and the schooner Annie's nearest approach to the islands was seventy-seven miles, lu'i usual distance being over one hundred and lil'ty miles therefrom.* Edward Shield, of Sooke ' Cliiirt of ooursc of si'liooiior Ada, Vol. I, j). 574. '•' CIkm'I (if coiirsp of schooner Alfred Adam.i, Vol. T, |i. 5W. ' Clmrt (if eoursc of sclioonor Elleu, Vol. 1, j). 525. 'CliMit of roui'KC of eclioouer Annie, Vol. I, |>. 531. ICO I'KOTI'XTION AND PRKSKRV VTIOV. ^ i':<"rls. of stiiiiuK I)istri('t, Vaiiconvor Lshind, one of the hunters on board the Dritish schooner CarnUna, seized bv Captain Abbey, United States Revenue Marino, in 1S8G, says: "Puring the time wliile we were {•ruising about we were in the open sea out of siglit of land."*' Much other testimony of the same nature might bo advanced, but it will be sullicient to mention only the declarations of .ranu'M Douglas Warren as to the places of seizure in the cases of the IT. /'. Sni/icanI, (h'lur. Anmi Beck, Dolphin, Alfred Adams, and Ada, vessels seized by the United States Government in 1887, the distance given shows how the seals wander manv miles from land, for in all cases Mr. Warren states the vessel was engaged in sealing at the distances given: the 11'. P. S'liju'dfil about fiflv-cight miles from Unalaska, tlie nearest land ;■ the Grace about ninety-two miles from Unalaska, the nearest land ;^ the .il//(/., p. 14H. ^ //jitl., \). 152. " ' lljiil., p. I.")(i. '■ /A/./., p. 1(10. AI.ASK.VX IIKHU. 261 northward from Unalaska Islaiul, which said Conmm of Hcoiing vi'sst'la. island was the nearest hind."' Sir George Baden-Powell, in the article pub- lished in the "London Times," already referred to, says: "As a matter of fact the Canadian sealers take very few, if any, seals dose to these (the Tribilof) islands." The American Commissioners in their report, ,. *'"«» '" Hi"'i>« ^ Si'u. alter speaking of the absurdity of such a pro- posed method of protection, say : " There is almost constant cloudiness and dense ft)g, and it is difficult for a vessel to know her own location within reasonable limits after having cruised about for a short time. A margin of uncertainty wonld be nearly as wide as the zone itself . . ; hi most cases it would be difficult to prove that the sealer was actually within theforbidden area.'"- Captain Shepard, of the United States Eevenue .^farine, who seized a number of ves.sels in 1887 and 1889, while engaged in scaling in Bering Sea, says : "It is my opinion that should pelagic sealing be prohibited in a zone thirty, forty, or fifty nules about the Pribilof Islands, it would 1)6 utterly useless as a })rotection to seal life, because female seals go much farther than that ' Urilisli niiio Book, V. S. \o, a (181)0), C-(i131, p. U1. See nlso William If. Smith, Vol. II, p. -ITSj Fred Smith, Vol. 11, p. 349. -' Ki'port of Amcricnu Bering! Son ConimisiKioiu'rj, post. j). 370. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I l^|28 |2.5 ■^ 1^ 12.2 1.8 11.25 mil 1.4 i 1.6 V] ^ / .^^ <$ s> "^i <-> y ^ /A Photographic Sciences Corporation \i WEST MAIN STREET WEBSTER, N.Y. 14580 !TU'' »7? A503 #^&l ii <^. vV i 262 PROTECTION AND PRESERVATION. Sea Fogs in Boring in Search of food, and because fogs are so preva- lent about those islands that it would be impos- sible to enforce any such prohibition.'" Captain Abbey, also of the United States Eevenue Marine, who seized several sealing vessels in 1886 in Bering Sea, says : " Fogs are almost constant in Bering Sea in the summer time. During the fifty-eight days I cruised in those waters fifty- four days were foggy and rainy, the other four days partly clear. On this account it is most difficult to seize vessels in Berin.g Sea. The reports 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 1877, and who prior to that time had been captain of a whaling vessel which for several years had been in Bering Sea, says : " A zone thirty, forty, or fifty miles about the island in which sealing 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 Bering Sea in search of food. But, to suppose an impossibility, even if ' Vol. I r, p. ifSH. -Vol. ir. p. iHC. ALASKAN IIEHD. 263 such a zone could protect seal life, it would be Fogs in Bering Sea. impossible, on account of the atmosphere being so constantly foggy and misty, to prevent ves- sels from crossing an imaginary line drawn at such a distance from and about the Pribilof Islands.^ Others also consider this question of a protecting zone and give the same opinion as the witnesses quoted above." Commander Charles J. Turner, of Her Majesty's cruiser Ntjmphie, which was iu Bering Sea in 1891, states that "the weather experienced on the whole was very fuggy and rainy, and the fogs greatly aided the sealing schooners in escaping observation."^ And Lord Salisbury, in discussing the possibility of limiting scaling to one side of a line drawn through the sea, says " that if seal hunting be prohibited 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 fishing 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. 11, p. 9. = II. II. Melntjrc, Vol. II, p. 46 j A. P. Loud, Vol. II, p. 39 ; Gcorye Wardnmn, Vol. II, p. 179; 11. \V. Mclntyre, Vol. II, p. 138 j II. X. Clark, Vol. II, p. 160. ' Britifh Blue Book, United States No. 3 (1892), C-6635, p. 115, ^Sir Julian r«uncefote to Mr. Wharton, June 6, 1891 (In- I'losure.) 264 THE SEALSKIN INDUSTRY After a careful consideration of the four Absolute prohi- bition of pelagic i t n i • • i • j i sealing necessary, methods of limited protection proposed above, it is evident that none of these can preserve the Alaskan seal herd from certain destruction in the near future, 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 North Pacific and Bering Sea, pelagic sealing in every form and in all waters must be absolutely pro- hibited at all times. THE SEALSKIN IKDVSTBT. IN THE PAST. The commercial value of the Alaskan seal herd, which needs the protection already shown in order to preserve it from practical extinction, is evident on an examination of the sealskin industry as it formerly existed and as it is at the present time. Sources of supply. Formerly— that is, prior to the American oc- cupation of Alaska and Bering Sea, the great sources of supply for fur-seal skins were in both the southern and northern hemispheres. Among those located in the antarctic regions, and from m THE PAST. which hundreds of thousands of skins were taken in the early part of this century were Sandwichland, South Shetland Islands, Desola- tion Island, Gough's Island, Kerguelen Island, Massafuero Island, San Juan Fernandez Island, the Falkland Islands, Tierra del FuegOj Pata- gonia, Cape Horn, South Georgia Islands, the Crozets,' the Cape of Good Hope, New Zealand, and other localities described by Dr. Allen.- It has already been shown how completely these antarctic rookeries have been depleted,'' but an instance of the enormous numbers taken by sealers in a short time, which shows how populous these southern coasts and islands had once been in seal life, is found in the case of the South Shetlands, where three hundred and twenty thousand skins were taken in two years (1821-1823),* and also in the case of Massafuero, from which island there were shipped to Canton ill seven years over three million fur-seal skins.* Besides the antarctic sources of sealskins there were those which may be called subtropical, consisting of the Guadalupe and Galapagos ' Kmil Toichmann, Vol. :tl, p. 577 ; James W. Budingtou, Vol. II, pp. 593-594 ; George Fogel. Vol. II, p. 424 ; 0. A. Williams, Vol. II, 1'. '.30 ; Oeorgo Coiner, Vol. II, p. 506 ; Alfred Fmser, Vol. II, p. 555, ••' Article by Dr. Allen, Parts I imd II ; Vol. I, i)p. 375, 394. ■' Aiile p. 218. ' t'. A. Williams, Vol II, p. 541. U6 Sources of supply- 266 THE SEALSKlIf INDtSTRY Source, of supply. Islands, Lobos Islands,^ St. Felix and St. Ambrose Islands,'* the depleted condition of all which is well known, except Lobos Island, which, as before shown, has been long protected by the Uruguayan Government.' The arctic supply was, as now, tlie Pribilof Islands, the Commander Islands, Robben Eeef, and the Kurile Islands, all these except the last mentioned being directly under the control and management of the Russian American Company. Mockets. Prior to 1 870 all the fur-seal skins save a few thousand were marketed and sold in China, where the skins were plucked,* the commercial 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 low as fifty cents per skin." Russia also received a portion of the supply obtained by the Russian American Company.® A few skins, however, • C. A. WiUiams, Vol. II, p. 542. 'Article by Dr. Allen, Parts I and II, Vol. I. pp. 371, 393 1 Gaffney, Vol. II, p. 430. * Emil Teichmann, Vol. II, p. 578; Alfred Prazer, Vol. II, p. 606) Unmuayan documents, Vol. I, p. 448. ♦ Emil Teichmann, Vol. II., p. 577 j C. A. V/illiams, Vol. II, p. 641 ; Letter from the Board of Administration of the Bussian American Company to General Manager Baranof, dated April 6 (18), 1817, Vol. I, p. 80. ■' Ibid., Vol. II, p. 542. " Letter from Board of Administration of Russian American Com- pany to Captain Riidakof, dated April 22 (Mnv 4), 1853, Vol. I, p. «2- IN THE PRESENT. were purchased in England by J. M. Oppenheim Market*. & Company/ and in the fifties New York" also re- ceived a supply from the Eussian American Com- pany, but it was not until the lease of the Pribilof Islands to the Alaska Commercial Company in 1870, and through the united efforts of that Company with C. M. Lampson & Company that the sealskin industry received the impetus which has built it up lo its present condition.^ At the ,same time the methods of dyeing and dressing the skins were perfected through the same agency, and sealskins made an article of fashion in general use in Europe and America, and became mnch more valuable as merchandise.* 267 IN THE PHESENT. As a result of these endeavors and the increased prices, London has become practically the sole market in which the skins of the fur-seal are sold, and buyers gather there semiannually from difierent countries to purchase the skins,° which, to the number of one hundred and fifty thousand or more, are sold at public auction." ' Waltt-r E. Martin, Vol. II, p. 567. - Lftter to the Board of Administration of tlio Russiun Anioricau Couipaiiy from the cliief manager of the Russian American Colonies, ilati'd November 8 (20), 1854, Vol. I, p. 83. ^ Emil Teichmann, Vol. II, p. 582. * C. A. Williams, Vol. II, p. 546. ^ Ibid., Vol. II, p. 546 ; a. C. Lampson, Vol. II, p. 664. ^ H. S. Bevington, Vol. II, p. 552. ^v« THE SEALSKIN INDUSTRY, Dependence Alaskan herd. Sources pi luppiy. The principal sources of supply for seal skins at the present time are, first, the Pribilof Islands ; second, the Commander Islands ; third, the North- west or Victoria catch/ A small supply is also received from Lobos Islands, Cape Horn, the Falklands,2 and Australasia.' ' ; ' )n The tables attached to the affidavit of Mr. Emil Teichmann, of the firm of C. M. Lampson & Company, show that the Pribilof Islands have, since their lease to the Alaska Commercial Com- pany, and until the year 1890,supplied onan aver- age over one-half of the skins sold annually in London ; that, including the Northwest catch, the Alaskan herd has produced over sixty per cent. of the world's supply, and that the two great herds of the North Pacific and Bering Sea, which are both threatened with extermination by pelagic sealing, are the source of over eighty per cent, of the skins annually offered for sale at London. In 1889, the last year in which one hundred thousand seals were taken on the Prib- ilof Islands, the number of skins derived from these two herds was ninety-four per cent, of the whole supply, not twelve thousand sk'ns being obtained from other sources.* From the fore- going it is evident that the destruction of the ' Emil Teichmuun, Vol. II, p. 579. - H. S. Bevington, Vol. II, p. 551. .; .< , , .. < •' Eniil Teichmanu, Vol. II, p. 578. ... , ,.^ ... .^ * Emil T(-ichmnnu, Vol. II, p. 585. on LOSS IF HERD DESTROYED. 269 Alaskan herd means practically the annihilation . Dependence '■ *' Alaskan herd. of the seal-skin industry of the world. There- fore, the extent and value of this industry, the consequent loss in case pelagic sealing is not prohibited, besides the loss to the United States Government by destruction of the seal herd, are matters for co^. sideration in this connection. LOSS IP HERD DESTROYED. Under the present lease of the Pribilof Islands Loss to United the United States Government derives a revenue on each raw skin taken on the islands of over ten dollars ;' and under the same conditions which existed prior to the introduction of pelagic seal- ing, as it is now carried on, 100,000 seals could be annually taken upon the Pribilof Islands, as has been shown, without impairment of the seal herd.'- The annual revenue from this source to the United States would, therefore, be over $1,000,000. Besides this profit the United States Government received a further revenue from Alaskan seals reshipped to America from Eng- land. At least seventy per cent, of the Alaska skins are imported into the United States after being dressed and dyed in the city of London. ' Lease to •North American Commercial Company, Vol. I, p. 106. - An/e, p. 16t. !70 THK SKALSKIN IXDUSTRY. liOH to United c. M. Larapsou & Company, in a letter to the British Foreign Office dated December 30, 1890, state : " For many years past no less than 75 per cent, have been bought for American account and reshipped to the United States after having beea manufactured in London."- This statement is corroborated by seven of the principal fur mer- chants in the United States, who place the numbev of "Alaskas" imported at from 65,000 to 75,000.; The value of these skins before paying custom duty to the United States is shown to average for a series of years about $25 per skin.^ On these importations the Government of the United States received a duty of 20 per cent, ad valorem, or an annual revenue from duties on dressed and dyed Alaskan skins amounting to the sum of 3375,000, which makes the total annuity of the United States Government, derived from the Alaskan Seal herd, at least $1,375,000, provided the usual quota of skins are taken by the lessees of the Pribilof Islands. In the United States these imported dressed and dyed skins are re- modeled and manufactured into sealskin articles, for which the people so employed receive on an average $7 a skin, or for the 70,000 skins so > British Blue Book, U. S. (No. 18 191), C-C253, p. 11. - Statement of American industry by furriers, Vol. II, p. 526. LOSS IF IlKRD DESTROYED. 27 L imported annually the sum of i|490,000.^ When Uss to i'nii.«ii to this is added the profits to the wholesale and retail furriers and merchants engaged in the seal- skin industries in the United States, which, accord- ing to the American furriers quoted above, are about |^;]0 a skin, or on the 70,000 skins anr'ially imported $2, 100,000, Hhe total amount received each year in the United States from the man- ufacture and sale of Alaska skins aggvegates $2,590,000. The. average price per skin for " Alaskas " in the London Market for the last ten years, when the lease to the Alaska Commercial Company was in force (1880-1889) and when 100,000 seals wei'e taken annually, was 68s. 8c?. '^ or (allowing 24.3 cents to the shilling) about ^IG.50. The present lessees, under a normal condition of affairs, might expect a similar price. hi procuring the skins they pay the United States $9.62^ on each secured, and the $60,000 rent adds 60 cents, more on each skin ; allowing $3 per skin for wages of employes, transporta- tion, etc., the cost of a raw 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 ' Sfati'iiiont of American industry by furriers, Vol. II, p. 526. ■ lublo of prices prepared by Mr. A. Froser, Vol. II. p. 561. , [315] ; T 272 THE SKALSKIN IKDUSTKY. LOHN iSritiiiu. to LoH» to United skin, and on 100,000 skins the profits would be $:^25,000. The natives who drive and kill the seals on the Pribilof Islands also receive tO 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 Governuient and people of the United States of $1,3.'}0,000, Unat The sealskin industry in Great Britain, which, as has been shown, is entirely dependent upon the Alaska seal herd for its existence, has alone in the city of London invested capital to the amount of £1,000,000,^ and employs between two" and three thoiisand'' persons, many of whom are skilled workmen with families dependent on them,* who would be compelled to learn some other trade in case the industry was destroyed. The fur brokers in London up to 1889 received (> per cent of the price for which they sold the sealskins,* which on 1 00,000 Alaska skins, at $16 per skin, would amount to 1^96,000. The next expense put upon the skins is dressing and dye- ing them, which is about 16s. a skin,'' making in ' Eniil Tek-hiimnu, Vol. II, j). 582 ; Ocorgo C. Lauiiisuii, Vol. II, p. 565. ^ Emil Teichmann, Vol. II, p. 582 j Walter E. Marl in, Vol. JI,p. 5f>8; G. C. Lampson, Vol. II, p. 565; George Eiec, Vol. II, p. 571 1 Arthur Hirschel, Vol. II, p. 5G3. •1 Henry Poland, Vol. II, p. 571 ; H. S. Bevington, Vol. II, p. 552. ^ Henry Poland, Vol. II, p. 571 ; Walter E. Martin, Vol. II, p. 568; ,000. which, t upon IS alone to the bi'tweeii jfwhom dent ou vn some received sold the >,at$H5 'he next and dye- laking in , Vol. II, ,1, Vol.^,p• l. II.lio74i ol. Il> !'■ 552- \\. 11, p. '^< o73. nil for the 1 00,000 the sum of $308,000. This makes an annual loss to Great liritain, in case the Alaskan herd is commercially exterminated, of 3404,000 ; but this is only a partial statement of the actual damage sustained, for the depriva- tion of eight-tenths of the seal-skin supply must necessarily reduce the industry in Great liritaiu to a condition which will lead capital to aVjandoii it ; and a permanent plant valued at £80,0(K> would become entirely useless if the seals. .„ industry wc"e to come to an end.' The French Republic will also suffer a serious hia from the destruction of this valuable herd of fur-bearing animals, on which the sealskin indus- try so largely depends. The Paris firm of Kevillon Frores has alone in the last twenty years bonjrht upwards of 400,000 sealskins, the majority of which have been made up into garments by said firm, the sales of which have amounted to about 4,000,000 /rancs annually for the 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 withdraw.'u of the supply of skins furnished by the Alaskan herd ; and it is safe to say from five to six hundred persons are dependent upon the sealskin industry in France.' If the 20,0rx» I.i'H" Itritniii. [315] Arthur llirsi'lu-l, Vol. II, p. 563. ' Leon Kdvillon, Vol. II, p. 590. Li)-9 fci Fniiii' T 2 2U THE SEALSKIN INDUSTRY. Loss to France, skins annually purchased by this firm cost ^25 per skin in London,' the total cost would be about 2,500,000 francs ; and the annual loss to France through this firm's business being affected 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 much more than the figures given. Lo=s to the world. Simply relying, however, upon the actual loss sustained, as hereinbefore demonstrated, and adding the ^3.00 per skin allowed as expenses paid the employes of the lessees of the Pribilof Islands, transportation,&c., amounting on 100,000 skins to $300,000, the total annual loss to the 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 the Pribilof Islands would be deprived of their sole means of sustenance, and become a charge upon the United States Government. It is the further testimony of all those engaged in the sealskin business that in order to main- tain the industry it is necessary that the supply Need of regular supply of Hkins. ' Statcnient of American furriers, Vol. II, p. 520. INVESTMENTS. 275 of skins should be constant and regular/ other- Need of regular wise there is great 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 seaUng could be carried on without insuring the destruction of the herd, the results would demor- alize and practically ruin the sealskin industry, now so firmly established. supply of ukiris. INVESTMENTS. Having reviewed the general loss to the world Civiwdian invest- by the destruction of the Alaskan seal herd, it should now be compared Avith the Canadian industry in the pelagic sealing fleet, which would necessarily be abandoned in case open-sea hunt- ing is prohibited. According to the Canadian Fishery Reports for 1890, the total valuation of the twenty-nine vessels engaged in sealing, ' Wnltor E. Murt.n, Vol. II, p. 068; Emil Tcichmnnn, Vol. II, p. I 582; a. V. Lnmpson, Vol. II, p. 566. - • ' • Vol. II, p. 553. ■■' StatoiiuMit. iimdf by American furricre. (Sec affldarits of S. 111- nmnn, Vol. II, p. 537; Alfred Ilarrie, Vol. II, p. 529 ; Henry Tread- well, Vol. II, p. 520; and Hugo Jaeckel, Vol. II, p. 531, attached.) 276 THE SEALSKIN INDUSTEY. Cuuwdiiui iuTcst- inclusive of canoes and boats, was $265,985.' ment, in I89u. ,.,.,, , . . By this valuation the value per ton, exclusive of outfit, is 1^121.54, which is undoubtedly exces- sive. Mr. T. T. Williams, who made a careful examination into the Canadian sealing industry in 1889, on behalf of the Alaska Commercial Company preparatory to the said Company's bidding for a new lease of the Pribilof Islands in 1890, states that it costs to build these sealing vessels and outfit them in Victoria ^80 per ton, and in the United States $100.- An examina- tion of the Canadian Fisheries Eeports for the years 1887 and 1890 shows that twelve of the twenty-nine vessels engaged in sealing from Victoria in 1890 were so engaged in 1887, and that some of them were verv old and of very little value. Thus, the Mary Taylor and Mary Ellen have both been built thirty-five years; the Lilly has seen forty-six years' service ; the ' Black Diamond (called the Catherine in 1890), Juniata, Wanderer, Letitia, and Mountain Chief are all unseaworthy and have been taken out of the coast trade as being unsafe.'' A. E. Milne, Esq., collector of the port of Victoria, reported j to the Dominion Government that the total value of the fleet of twenty-four vessels, with an ' Canadian FiBhcries Report (1890), p. 183. s Vol. II. p. 500. s T. T. Williams, Vol. II, p. 500. INVESTMENTS. 277 aofrregate tonnage of 1,464 tons, in 1889 was Canadian invest- $•200,500/ or $83.50 per ton, which is $38.04 ™'""^' per ton less than the valuation given in 1890. It is difficult to see how the wear and tear on a vessel can appreciate its value, but such seems to be the case with the Victoria sealing fleet, according to the reports of Canadian officials. But admitting the Canadian valuation to be Contrast i)etwecii British and Cana- correct, the British capital (£1,000,000) invested dian inyestmcnts iu iu the sealskin industry, which latter must be abandoned if pelagic sealing continues, exceeds the investment of Canada by over $4,600,000 ; in other words, the Canadian capital invested is less than 6 per cent, of the British investment. The value of the Victoria fleet of fortv-nine Canadian invest- •^ meut, in 1891. vessels and outfit in 1891 is given by the Cana- dian Fisheries Report for that year as $425,150, which is also excessive.- According to the Cana- dian valuation of 1890 the average value per ton for the fleet, including outfit, is $130.20 ; in 1891 the same authority gives the valuation per ton for vessels and outfit as $132.73, or $2.53 per ton over and above the inflated valuation of 1890. Levi W. Myers, Esq., United States con- sul at Victoria, had a careful estimate made of the value of the vessels engaged in the sealing business in Victoria, by two experts, both resi- ' T. T. Williunis, Vol. II, p. 409-500. • Canadian Fisheries Report (1891), p. Lxxxr, 278 THE SEALSKIN INDUSTRY. men Cuuadian invest- dents of Victoria, and one especially, Mr. "W. J. en in 1891. ' r J ' Stevens, being recognized as authority on such matters, often having been employed by the Dominion Government in examining and report- ing on vessels.' According to such estimate the value of the vessels in 1891 was |203,200. Con- sul Myers also obtained from the custom-house records at Victoria the approximate age of the vessels, which shows that seven of them are " very old," two are *' old," and thirtj'-- three hnve seen over six years of service.^ In consideration of this last fact stated, it is evident that the Ca- nadian valuation is far above the true figure. Contrast between Howcver, assuming the value of the fleet of British and Cana- ' ° im. "''^"""^''** '° 189i as given in the Canadian reports to be ac- curate, namely, $425,150, the Canadian capital is even then less than 12 per cent, of the British investment in the sealskhi industry ; and Great Britain, through the necessary abandonment of her permanent plant used in the industry, would lose more in this item alone than the entire Ca- nadian investment. ... According to the same sources of information, Canada employed in 1890, 678 white men and Indians in seal hunting,' and in 1891, 439 Indians > Vol. I, p. 507. 2 Consul Meyer's Report (No. 156), Vol. 1, p. 511. ' Canadian Fisheries Boport (1890), p. 183. K 111 p 1 o y u 8 in Canada and London. INVESTMENTS. 279 and 043 whites.^ In London, as has been sho\N n, e m p i o y e s i u 1 , -, , , Canada and Luiidon. from two to three thousand persons are employed in the sealskin industry : it is safe, therefore, to say that nearly three times as many people are dependent upon the sealskin industry in Lon- don alone as are employed in the pelagic seal- hunting business in Canada. The average wages per week paid to those employed in the British industry are about SO*.,^ or £190,000 ($947,700) per annum to the 2,500 employes. According to the Canadian Eeport for 1890, above cited, the gross receipts derived from the sealskins taken by the Victoria Fleet were $492,261, the catch being sold at inflated prices because of the small number of skins obtained on the Pribilof Islands, the average price per skin in 1889, for the Northwest catch, in London, being only 39s. 5d.^ (§9.58). It is evident, therefore, that the annual gross receipts of Canada from pelagic sealing are only about half of the sum annually paid out for wages by London houses engaged in the sealskin industry. ' In comparing the Canadian venture with the .United States industiy the contrast is even more sinking, It has already been shown that the furriers, manufacturers, and merchants of the ' /Alrf. (1801), p. LXXXV. - Kniil T.'iHinmiin, Vi)l. II, p. 582 ; W. E. Martin, Vol. II, p. 563. = Alfr«l Eraser, Vol. II, p. 562, Valui' to Canada an,l L'mloJ States. 280 THE SEALSKIN INDUSTRY. Voiue to c'anadii United States realize annually on Alaskan skins and United States. consumed in the United States the sum of $2,100,000 ; the aggregate amount annually paid as wages to those employed in the American manufactories to be $490,000; the receipts of the Pribilof Islands natives to be §40,000 ; annually and the profits of the lessees of said islands, when 100,000 skins are taken, to be $325,000. The gross amount thus received by citizens of the United States each year from the Alaskan catch is about $3,000,000. The value of the Victoria pelagic catch for 1891 has not been published in the Canadian Fisheries Eeports, but assuming the value of the Victoria pelagic catch to be $492, 261, as given by the Canadian report for 1890, which has been shown to be abnormal, the gross Canadian receipts per annum from the sealing fleet are less than 16^ percent. of the total profits to the citizens of the United States from the Alaskan catch. If the annual receipts to the United States Government be also included, the gross sum received by Canada from her sealskin catch is 1 1^ per cent, of the annual profits to the Government and people of. the United States on " Alaska " sealskins. Em ploy OS in TliB number of persons employed in the Canada and United ■, i • • ■, ^t • -i rt States. manufacture of seaiskms m the United btates is INVESTMENTS. 281 3,3()0,^ which is over three times as many as Empio.ves in , . , .,._. . ,. , Cunndii unci I'nitod were engaged m the Victoria seahug indnstry states, in 1891, according to the Canadian officials, and fi- e times as many as were so engaged in 1890. The receipts of France from her sealsiiin in- ^ Contrast between '■ Freneli nnd Canmliiin diistry has been shown to be over |i^300,000'"^ ''"*"""' ^• (1,500,000 francs), which is at least G6 per cent, of the gross receipts of Canada from pelagic Healing in a year when the prices of Northwest skins were abnormal. Under natural conditions, as in 1888 or 1890, the French receipts from the industry would more than equal the gross re- ceipts of Canada from the sealing fleets catch. The number of men also employed in France is about the same as those employed in pelagic sealinif in Canada in 1890. •• ' The number of persons engaged in the hand- ^- '" p i o y e » in ° ° Canada and in othoi- ling and manufacture of sealskins in the United fo"nti-ies. 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. fiH -'••;' It is very questionable, however, whether there Canadian invest- is any real investment in Canada in pelagic seal- ing. The vessels are all common vessels, the guns common guns, and the boats common ' statement of furriers, Vol. II, p. 586. 282 THE SEALSKIN INDUSTRY. Pt'lttgif selling a spoc'ultttiou. Oaiiadiau invest- boats, which Can all be used in some other in- mcnt questionable. -, . t • ■, i i i i • dustry/ excepting, perhaps, the old and unsea- worthy vessels. .:,. , . . But admitting the validity of the investment, it can be questioned whether those embarking therein as a rule pay the expenses incurred out of the sum realized on the catch. An examina- tion of the table of sealing vessels and their respective catches, as given by the Canadian Fishery Reports, shows that the number of seals taken by a vessel varies to a great extent. Thus in 1889 several vessels took less than three hundred seals each ; one schooner, with a crew of twenty-nine men, took but one hundred and sixty-four seals, while another, with a crew of twenty-two men, took over three thousand.^ In 1890 the same variation may be seen.'' In 1889 the average selling price of skins in Victoria was $7,65.* On the catch of one hundred and sixty-four seals, therefore, the total received would be $1,254.60, of which at least $400 would have to be paid to the hunters, leaving $854.60 to pay the entire expense of the voyage of at least four months. If the men were paid $30 a month on an average, the cost of the M'.': » T. T. Williams, Vol. II, p. BOO. ' Canadian Fisheries Report, 1889, p. 253. 3 Ibid., 1890, p. 183. ■» T. T. Williaas, Vol. II, p. 499. INVESTMENTS. 28a cruise, outside the expense of outfitting, would Pelagic settUnR u ^„--^_, , , - , sncculaticn. be 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 would be a very close margin on the recovery of the money expended, and the investor would probably lose or certainly not receive one per cent, on the capital invested.^ It is, therefore, the possibility of a large catch which leads persons to venture their money in pelagic seal- ing, and the business is a speculation of the most uncertain character. Those engaged in the industry also find the possibility of a small Spocu latin g on smaTl sup'ply of supply of skins from all sources to be a fertile skins. 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. This 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. 11, p. 501. '284 THE SEALSKIN INDUSTRY. Spnciiiutiiig on value of the produce of the coast fishery, Her skins. Majesty s Government do not anticipate that British sealers will suffer to any great extent by exclusion from Bering Sea."' This statement also met with the views of Lord Salisbury.^ 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 the seal herd is depleted, for they will thereby ^ derive larger returns from the investment. Very few of the owners or part owners of the Victoria sealing fleet are dependent upon pelagic sealing for a livelihood, so that it is not particularly to their interest to preserve the herd, 'their principal object being to get large profits, whatever may be the result. Oc;fui)iitioii3 of Consul Mycrs, in a report to the State Depart- ment, gives the occupation of seventy-one own- ers or part owners of sealing vessels hailing from the port of Victoria. Of these only fourteen may be said to be dependent on sealing, and twelve others who are employed in maritime enterprises. The remainder are composed of individuals en- gaged in various pursuits. Among the list may vi'sst'l owners. ' British Blue Book, U. S. No. .3 (1892), C CG35, p. 29. = J bid., No. 30, p. 16. INVESTMENTS. 285 Results' ul' i>i'c)- U'tliiiij; soul liiM'il. be found several public officials, seven grocers, a (IruggiPt, an auctioneer, a larmer, three saloon keepers, a plasterer, an insurance agent, two iron founders, three real estate agents, a carriage manufacturer, a tanner, two women, a machinist, nnd others of different pursuits.' It is evident tliat the people who undertake tliis 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 the latter has persuaded them to take their chances in the sealing business. Under the present state of affjiirs the increase 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 industry 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 people in England and the United States for generations, and the invest- ment of millions of capital. ^ Xonprohibition means the employment of a ncmhs if not ]uo few hundred persons for four or five years, the ^'''^^'^ " ' Keportof U. S. Consul L. \V. Myers, April 29, 1892, Vol. I. p. 514. 28G CLAIM OF THE UNITP:D STAIRS Result., if not pro- investment of one or two liumlred tlKjusand dol- lars in a speculative and losing business, and the final destruction of the Alaskan seal herd, a never- ending source of wealth to the world, if properly protected and preserved. CLAIM OF THE UNITED STATES FOB DAHAOES. A r( id.' renewal ol' Vivendi... V of Mud II n CIoBHificatiuii damage!!. Article V of the Convention of April 18, 1892, for the renewal of the Modus Vivendi in Bering Saa, provides that " if the result of the Arbitration shall be to deny the right of British sealers to take seals within the said waters, thr compen- sation shall be made by Great Brii ii to the United States (for itself, its citizens, and lessees) for this agreement to limit the island catch to seven thousand five hundred a season, upon tlie basis of the difference between this number and such larger catch as in the opinion of the Arbi- trators might have been taken without an undue diminution of the seal herds." ot Any damages to which the United States may 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 Commercial Company for the loss of profits incurred through the same cause. FOB DAMAOKs. 287 I. The Claim of the Government. — By the lease made in 1890, the North American Commercial Company agreed to pay to the Government for the exclusive right to catch seals in the Pribilof Islands an annual rent of $60,000, the legal tax of $2 for each seal caught, and a bonus on each seal of $7.62^. Owing to the fact that the catch during 1891 was so restricted by Treasury Regu- lations, connected with the Modus Vivendi of last year, as to amount to only 13,482 seab in- stead of the 1 00,000 seals prescribed by statute, the Secretary of the Treasury agreed on June 27, 1892,' to accept from the lessees for the year ending April 1, 1892, in lieu of the above rents and taxes, the following sums, viz: Tox on 13,482 seals, at $2 $a«, &•>». 00 ■•""'(^'^*«'^'««*) «-^-2« Bonus on 12,251 good skius ^iH"l x $7.02^ x 12.2ol II, 4«. 13 OoTPrnmont olaim. Total..., 46, 437- 33 It will be observed that in the above compu- tation, the first item, viz, the tax, remains the same as before. The second item, viz, the rental, which in the lease is $60,000, is reduced in the proportion which the actual catch of 1 3,482 bears to the maximum catch of 100,000. The third, ' Letter, Vol. I, p. 521. [315] 288 CLAIM OF THE UNITED STATES Government lessees. Governmentciaini. viz, the bonus per sealskin, has been reduced on the same principle, and No definite arrangement has as yet been made between the Treasury and the lessees as to the amount to be paid by the latter for their fran- chises for the current year, but if, as is almost certain, the above-mentioned arrangement will be "continued, then the loss sustained by the Government, for which it is entitled to indemnity from the Arbitrators, can be estimated by substi- tuting for the number 13,482 in the above com' putation, such a number as the Arbitrators shall find might safely have been taken in excess of the 7,500 provided for in the convention. For example, if it is determined that 40,000 seals might have been taken over and above the 7,500, then the Government will be entitled to an indemnity of ^226,000, obtained a» follows: .... $80,000 Basis of compu- tation of damages to Government. Tax on 40,000 seals, at ?2 40,000 Rental (i X $00,000 ) JOO.OOO 24,000 122,000 Total 226,000 The Government is entitled to damages in this amount because this sum represents the excess which it would receive from the lessees if the catch, instead of being limited to 7,500 were limited to the number of seals which could be FOR DAMAGES. 289 taken without an undue diminution of the seal Basis of compu- tation of damages to herd, provided theArbitrators found that number Oovemment. to be 47,500. If they actually determine upon a different number, then the result given above, by way of illustration, must be increased or diminished accordinglv. II. The Claim of the Leasees. — Under the Con- The lessees' claim, vention of April 18, 1892, the North American Commercial Company are entitled, as the lessees of the Government, to such an indemnity as shall compensate them for the loss of profits incurred through the forced diminution in the catch of seals. "When the Arbitrators have determined the number of seals which might safely have been taken during the present season over and above the 7,500 allowed by the Convention, it will be for them to determine next the amount of profit which the lessees would probably have derived from this increased catch over and above ' that which will be actually realized from the • ' ^ catch of 7,500 prescribed by the Convention. The balance of profits so obtained will constitute the sum to which the lessees are entitled as an indemnity under the section of the Convention above cited. In determining the amount of profit obtained Basis of compn- tation of lessees' from each seal, some information may be derived damages. [315] u 2 290 CLAIM OF THE UNITED STATES Basis of tation of damages. Dctormiiiiition poMible catcli. Opinion Q-ecpp PoVcli. couipu- from a claim for damages which the lessees have lessees filed in the United States Treasury Department, for the years 1890 and 1891, a copy of which is found in the Appendix.' It may be added that this claim was adjusted on June 27, 1892,^ by the remission by the Treasury Department, as stated above, of the greater part of the rental and bonus due for the year 1891 under the lease. As the high prices for sealsk'.us in the London market in 1890 and 1891 still continue, the esti- mate of profits in the above-mentioned claim would probably be as correct at the present time as in the years for which they were made.* ot The Arbitrators will derive aid in determining how large a catch might have safely been made during the present season by reference to the following affidavits, viz., those on pages 73, 93, and 111, in Vol. II of Appendix. , ) It is important to observe also the language of Sir George Baden-Powell, one of the Com- missioners sent by Great Britain in 1891 to examine into the condition of the seal Indus tr v. In his dispatch of March 9, 1892, to Lord Salis- bury, he said : " With reference to the modus ' Xortli Aiiiericnii CominoiTiiil Company to the Secretary of tlif Treasury, April 12, 1892, Vol. I, p. 520. - The Secretary of tlie Treasury to Xorth American Commcrcinl Coiiipaiiy, June 27, 1892, Vol. I, p. 521. '' The (irice of a sealskin in London in 180O roxe as high as ItCf.. anil in 1801 as higli us 125*. See Alfi-ed Eraser, A'ol. IT, p. 5CI. of Sir Baden- FOR DAMAGES. Vivendi, I am of the opinion that the taking of opinion one season's limited crop cannot injure the seal ^o^^if " herd, but although not necessary the renewal of last year's prohibition and the 7,500 limitation would be beneficial." He then suggests the arrangement afterwards adopted, viz., that 7 500 "instead of 30,000" be taken on the islands, evi- dently employing the latter number, viz, 30,000, to designate the quantity of seals which mi^ht safely be taken by the United States, which IS the same number as that suggested by Sir Julian Pauncefote in his letter to Mr. Blaine of February 29, 1892.' In view of these circum stances, it is submitted that 30,000 seals is the minimum number which the Arbitrators can reasonably assign as a safe catch during the present season. ' British Blue Book, U. S. Xo. 3 (1892), 0-6635, p. 155. 291 of Sir Undcii- r . '' ill; ' 1 1' It A 'I- '•» r , r 't'T f, T' r >.> '■■ "i I". .^ ,..'!' :. ' '0 Tl with foUo' estat Fii horn, the t( a laiK for fo can n fixed forma reside; iiecess its hal on the to the princif of fur-s industr United only ho Pribilof CONCLUSION. The United States, upon the evidence here- with submitted and referjed to, claim that the following propositions of fact have been fully established : . Fn-st That the Alaskan fur-seal, begotten, cwer.u. . l)orn, and reared on the Pribilof Islands, within *'''' ^^ '"''"'" '""•''• the territory of the United States, is essentially a land annual, which resorts to the water only 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 pnncipal 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 i'nbilof Islands ; that it resorts to no other land • 296 CONCLUSION. Increase. Chare risticg of that its course when absent from these isknds is the Alaskan herd. uniform and confined principally to waters adja- cent to the coast of the United States ; that it never mingles with any other herd, and if driven from these islands would probably perish; that at all times, when in the water, the identity of each individual can be»established with certainty, and that all times, whether during its short excursions from the islands in search of food or its longer winter migration, it has a fixed intention, or instinct, which induces it to return thereto. Second. That under the judicious legislation and management of the United States, this seal herd increased in numbers and in value ; that the present existence of the herd is due wholly to the care and protection exercised by the United States and by Eussia, the former owner of these islands ; but that the killing of seals in the water, which is necessarily indiscriminate and wasteful, and whereby mostly female seals a^'» taken while pregnant or nursing, has so reduced the birth-rate that this herd is now rapidly decreasing in num- bers ; that this decrease began with the increase of such pelagic sealing, and that the extermina- tion of this seal herd wiU certainly take place in the near future, as it already has with other herds, unless such slaughter be discontinued. Decronsc CONCLUSION. ^9t Third. That pelagic sealing is an illegitimate, Poiugic scaling, improper, and wasteful method of killing, is barbarous and inhuman in its immense destruc- tion of the pregnant and nursing female, and of the helpless young thereby left to perish ; that it is wholly destructive of the seal property and of the industries and commerce founded upon it ; and that the only way in which these can be preserved to the world and to the governments to which they belong is by prohibiting pelagic sealing in the waters frequented by the herd. Fourth. That prior to the treaty of 1825 g^^.^'*^"^;""*'""''" between Great Britain and Eussia, and from a (late as early as 1799, down to the cession to v . :;r the United States in 1867, Bussia prohibited the killing of seals in any of the waters of Bering Sea, and exercised such control therein as was necessary to enforce such prohibition. '••' ' '. Fifth. That Bering Sea was not included in the phrase " Pacific Ocean " as used in the treaty of 1825, and that said treaty recognized tlie rightfulness of the control exercised by Russia in Bering Sea for the protection of the seals. = Sixth. That all the rights of Russia as to the protection of the Alaskan seal herd passed unhnpaired to the United States by the Treaty of 1867, and that since the cession, the United States have regulated by law and by govern- Bcring Sea Pacific Oecflii, not United control. States 298 CONCH'SIOX. Acquiescence Great Britain. United State ■ meiital Supervision the killing of seals upon the control. Pribilof Islands, have prohibited such kilUng in .any of the waters of Bering Sea within the limits of the cession, and up to the present time have insisted upon their right to enforce such prohi- bition, but, moved by apprehensions of a dis- turbance of the peace between themselves and Great Britain by the opposition of the latter, they ceased to some (;xLcnt to enforce it. of Seventh. That Great Britain acquiesced in the exercise of this right by Eussia in Bering Sea and in the continued exercise of the same right by the United States up to the year 1886. Eighth. That this right and the necessity and duty of such prohibition have never been ques- tioned, until the excessive slaughter of these animals, now complained of, was commenced by individual adventurers about the year 1885. Ninth. That the investment of these adven- turers in pelagic sealing is speculative, generally unprofitable, and, when compared with the seal- skin industry of Great Britain, France, 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 destruction that it produces. Right of control unquestioned. ■ Investments con- trasted. t ■ »■;.- CONCLUHION. 299 Upon the foregoing propositions, if they shall, Quontion* for be found to be established, the material questions for the determination of this high Tribunal would appear to be : ' First. Whether individuals, not subjects of the Must United st«to8 submit to destruction United States, have a right, as against that Gov- of herd? ernment and to which it must submit, to engage in the devastation complained of, which it for- bids 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, should not mter- national regulations which the United States confidently deny, be made ? whether the United States and Great Britain ought not in justice to each other, in sound policy, 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 arrangement by concurrent regulations or convention, in wluch the participation of other Governments may be properly 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 the , claim of united United States Government will claim : , 300 CONCLUSION. . Property iu and right to protect. 8uoU interest ni justifies protectiou. As trustee, right and duty to protect. First. That, in view of the facts and circum- stances established by the evidence, it has such a property in the Alaskan seal herd as the natu- ral product of its soil, made chiefly available by : its protection and expenditure, highly valuable : . to its people and a considerable source of reve- nue, as entitles it to preserve the herd from de- struction, in the manner complained of, by an employment of such reasonable force as may be necessary. /•..•'. • ■/, :..■ .It :■ ^i, m/..'--- ;>;•; .'' Second. That, irrespective of the distinct right of property in this seal herd, the United States Government has for itself, and for its people, an interest, an industry, and a commerce derived from the legitimate and proper use of the prod- uce of the seal herd on its territory, which it is entitled, upon all principles applicable to the case, to protect 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 uigh sea is, or ought to be, open to individuals i'oi the purpose of accomplishing the destructicii jf national interests of such a char- acter and importance. ; m v;.; ,1 ' . Third. That the United States, possessing, as they alone possess, the power of preserving and cherishing this valuable interest, are in a most just sense the trustee thereof for the benefit of CONCLtSKlN. 301 mankind and should be permitted to discbarge a« tru>iee, right , . , wjd dutN to protect. their trust without hindrance. • ' In respect to the second question heretofore Peiagic spaiing stated, it will be claimed by the United States,""""*''™''"'""'- that the extermination of this seal herd can only be prevented by the practical prohibition of >.-.» pelagic sealing hi all the waters to which it " ' *"'* resorts. The United Statr-, Government defers argu- Argumeut de. ,. , . . , ferred. ment in support ot the propositions aix)ve an- nounced until a later stage of these proceedings. .. . .' In respect to the jurisdiction conferred by Tribunal may . ianction conduct of the treaty, it conceives it to be withm the prov- United states, or . . prescribe regulations. ince of this high Tribunal to sanction by its de- cision any course of executive conduct in respect to tl\e subject in dispute, which either nation \vould,in thejudgnient|of this Tribunaljbedeemed justified in adopting, under the circumstances of the case ; or to prescribe for the high contracting parlies any agreement or regulations in respect to it, which in equity, justice, humanity, and en- lightened policy the case appears to require. Ill conclusion the United States invoke the judgment of this high Tribunal to the effect : First. That prior and up to the time of the Ru** a exercised exclusive right in cession of Alaska to the United States Bussia B<>'-'ng Sea. Tri.jeT for decis- ion. 302 COXCLL^SIOX. Great Britain ca- touted. Bering Sea " Pacific Ocean.' not RuBsia exercised asserted aud excrcised an exclusive right to the Bering Sea. seal fisheries in the waters of Bering Sea, and also asserted and exercised throughout that sea the right to prevent by the employment, when necessary, of reasonable force any invasion of such exclusive right. That 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. That the bodv of water now known ?s Berin" Sea was not included in the phrase " Pacific Ocean," as used in the treaty of 1825 between Great Britain and Eussia, and that after said treaty, and down to the time of the cession to the United States, Eussia continued to assert the same exclusive rights and to exercise the same ex- clusive power and authority as above mentioned. That all the rights of Eussia in respect to the seal fisheries in Bering Sea east of the water boundary established by the treaty of March 30, 1867, between that nation and the United States, and all the power and authority possessed and asserted by Eussia to prote .t said rights passed unimpaired to the United States under the treaty last mentioned. Bights of Russia jmased to United states. CONCLUSION. SOS That the United States have such a property United states have propei-ty in and right and interest in the Alaskan seal herd as to justify to project herd, the employment by that nation, upon the high seas, of such means as are reasonably necessary to prevent the destruction of such herd, and to secure the possession and benefit of the same to the United States : and that all the acts and pro- ceedings of the United States done and had for the purpose of protecting such property and interest were justifiable and stand justified : and thatcompensation should, in pursuance of Article Damages. V of the Convention of April 18, 1892, be made to the United States by Great Britain by the payment by the latter of the aggregate sum hereinbefore stated as the amount of the losses of the United States, or such other sum as may be deemed by this high Tribunal to be just ; or. Second. That should it be considered that the Or Great Britain TT • . ri 1 1 P 1. • and United States united states have not the iuU^property or prop- should concur in • 1 1 regulations. erty mterest asserted by them, it be then de- clared and decreed to be ^he international duty of Great Britain to concur with the United States in the adoption and enforcement against the citi- zens of either nation of such regulatioho, to be designed and prescribed by this high Tribunal, as will effectually prohibit and prevent the cap- ture, anywhere upon the high seas, of any seals belonging to the said herd. JOHN W. FOSTER, Age7}t of the United States. [315] X ^ot BI i [315 REPORTS OF BERING SEA COMMISSION. [316] X 2 B A t\ve( Gre: miss Com facts and tion may oa(!li repoi eriim uiiab "1 they ^luiil used BERING SEA COMMISSION. treaty. JOINT REPORT. All agreement having been entered into be- tween the Governments of the United States and Great Britaia to the effect that— "Each Government shall appoint two Com- Provi 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 lepoi-t, 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 sliull appear that the contingency of their being used by the Arbitratoivi cannot arise," sions of 308 EEPORTS OF BERING SEA COMMISSION, Report. Sources of infor- mation. Meetings of Com' miBBion. And we, in accordance with the above agree- ment, having been duly commissioned by our respective Governments and having communi- cated to each other our respective powers, found in good and due form, have agreed to the follow- ing report : 1 . The joint investigation has been carried out by us, and we have utihzed all sources of infor- mation available. 2. The several breeding places on the Pribilof Islands have been examined, and the general 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, has been exchanged for the purpose of enabling general conclusions to be arrived at on these points. 4. Meetings of the Joint Commission were held 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 : JOINT REPORT. 309 Con clu 8 i n s reached. 5. We are in thorough agreement that for m- Duty to protect dustnal 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 preservation. G. Our joint and several investigations have led 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 ma)' be necessary to secure the fur-seal against depletion or commercial extermination. 7. We find that since the Alaska purchase a Decrease of seal herd. 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 difference of opin- Further joint re- port impossible. 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 report i" which it is provided may be submitted to our respective Governments. 310 REPORTS OF BERING SEA COMMISSION. Further joiut re- Signed in duplicate at the city of Washing- portin>po,;»bie. ^on, this 4th day of March, 1892. Thomas Oorwin Mendenhall. • , . Clinton Hart Merriam. George Smyth Baden-Powell. George Mercer Dawson. Joseph Stanley Brown, Ashley Anthony Froude, Joint Secretaries. REPORT OF THE UNITED STATES BERING SEA COMMISSIONERS. The Honorable Secuei'auy oi-' State: Sir : In your letter of July 10, 1891, received by us in San Francisco on the 16th, after referring to the diplomatic controversy pending between the United States and Great Britain in respect to the killing of fur-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- tainnig 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 modus sSS rirendi agreed upon at Washington on the loth oMune, 189J, the Queen had appointed Sir George Baden-Powell, M.P., and Professor Daw- Api)ointmcnt. Appoint incut of Coiiimis- 312 REPORTS OF DKRINO SRA COMMISSION. AppoiDlmont British sioiiora. Object of mission. Provisions agreement. of son^ to visit the Pribilof Islands for the fame pur- pose and as representing the British Government. Com- After explaining the use to which this informa- tion may in the end be put, namely, that it may be laid before arbitrators who would probably be selected to consider and adjust the differences be- tween the two Governments, you add that the President proposed, in reference to the appoint- ment of a Joint Commission, the agreement for which is to be made contemporaneously with the terms of arbitration, the following terms of agree- ment: ' of " Each Government shall appoint two Comraib 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 preservation. 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, Qeological Survey of Canada. REPORT OP AMERICAN COMMISSIONERS. 313 And further, that while it was desirable that Conduct of in. Ill 1 « 1 , vcstigatioii. our investigation should, even beiore the conclu- sion of a formal agreement as to the duties and functions of a Joint Commission, be made con- currently with those of the British agents, yet until the agreement for the Commission shall have been concluded we were not authorized to discuss with them the subject of a joint report or to make anyinterchange of views on the subject of perma- nent regulations for the preservation of the seal. In accordance with these instructions, we at Proccod to Bering 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 Unalaska, and afterwards at the Pribilof Islands. Several of the principal rookeries 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 infor- 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, Joint tions. invcstiga- 3U REPORTS OF BERING SEA COMMISSION. Formal meat. Sources of infor- and at Port Townseiid, Tacoma, and elsewhere on our return, we availed ourselves of the testi- mony of any person whose connection with this industry was such as to render his statements of real value. Return. We returned to Washington before the 1st of October and were ready at any time after that to take up the discussion of the subject with the representatives of Her Majesty's Government, appoint- The formal agreement to the creation of a Joint Commission had not been entered into, however, and it was not until the 4tli of Feb- ruary, 1892, that we were form.ally design as Commissioners on the part of the Govern of the United States. Arrangement u8 to We immediately called upon Sir George meetings of Joint CommisBion. . Baden-Powell and Dr. George M. Dawson, who had been similarly designated by the British 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 had not yet been signed, only an informal conference HJCPORT OF AMERirw fOM MISSION EH". 315 could be entered upon. It was believed, how- Amingement aa to nieetinK* of Joint ever, that quite as rapid progress could be made Commisnion. in this way as in any other. To this proposition the Commissioners on the part of Great firitain offered no objection at the time, but on the following day they informed us that they were unable to enter into a conference which was informal in its nature. « Desiring to remove every obstacle in the way Meetings of Joint _ _ _ _ Conunission. of the immediate consideration of this subject, the question of the formality of the Conference was waived 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 Meetings held without formal secretary of the Joint Commission on the part of wcorda. 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 presentation of views, no formal record of the proceedings should be kept and that none but the four members of the Commission should be 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- ./. 316 KEPORTf' OF BKRINa SEA COMMISSTOX. ' Meetings hold encG to persons, as related to views or opinions without formal •"■ records. Mectinge tinued. Jjisagre'^meut. Article treats. IX Application Article IX. expressed by members of the Commission dur- ing the Conference, should be made. '11- 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 be- 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 brieHy to the attitude of the Commissioners on the part of the United States or to the standpoint from which they endeavoured to consider tlie questions involved. of The instructions under which we acted aie contained in Article IX of the Arbitration Con- vention, and, as far as relates to the nature of the inquiry, are 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 Bering Sea, and the measures necessary for its proper pro- tection and preservation." This sentence appears to be simple in its char- acter and entirely clear as to its meaning. The measures to be recommended were such as in of REPORT OF A^fFRTCAX COMMISSIONERS. .317 our judgment were necessary and sufficient to Application of Article IX. .secure the proper protection and preservation of .seal life. With questions of international rights, treaty provisions, commercial interests, or poUt- 'm\\ relations we had nothing to do. It was our opinion that the considerations of the Joint Conunission ought to have been restricted to tlii.s 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 Kosuit of such life alone been considered, as was urged by us, there is little doubt that the joint report would have been of a much more satisfactory 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 ill former year's, and that the hand of man is responsible for this diminution. That our own view of the nature of the task Article IX inter- preted different I \ by before us was not shared by our colleagues rei' • British Commis- sioners. resenting the other side was soon mamfest, and it Ijecame clear that no sort of an agreement sulliciently comprehensive to be worthy of con- !RTS OK BKRI.Vr. SKA COMXflSSIOX. sioners. Disagreement as to application. Artioio IX inter- to allow its couseoiiences to be thought out, preted cUSlM-ently by ^ . British Commis- could be readied by the Joint Commission unless we were willing to surrender absolutely our opinions as to the eflect of pelagic sealing on the life of the seal herd, which opinions were founded upon a careful and impartial study of the whole question, involving the results of our own observations and those of many others. Under such circumstances the only coiu'se open to us was to decline to accede to any prop- osition which failed to offer a reasonable chance for the preservation and protection of seal life, or which, although apparently looking in the right direction, was, by reason of the vagueness and ambiguity of its terms, incapable of definite interpretation and generally uncertain as to Report of Joint meaning. In obedience to the requirements of the Arbitration Convention that " the four Com- missioners shall, so far as they may be able to agree, make a joint report to each of the two Governments," the final output of the Joint Commission assumed the form of the joint report submitted on March 4, it being found impossible in the end for the Commissioners to agree upon more than a single general proposition relating to the decadence of seal life on the I'ribilof Necessity of a Island s. It therefore becomes necessary, in separate report. • , i o i • • ,• -j accordance with the further provision ol said BEPOBT OF AMERICi^N COMMISSIONEBS. 31!) Convention, for us to submit in this, our separate Necessity of a ^" ' '■ separate report.' report, a tolerably full discussion of the whole question, as we view it from the standpoint re- ferred to above as being the only method of treatment which insures entire independence of thought or permits a logical interpretation of the facts. In order that this discussion may be more readily understood it is thought desirable to pre- face it by a brief account of the natural history of the fur-seal. THE DEUIiVG SEA FUR-SEAL. Callorhinus »/•.«?«?//» (Linnajus). The carnivorous mammals are divided by naturalists into two principal groups, one om- prising the terrestrial wolves, cats, weasel-, ind bears; the other, the amphibious eared-seals and vahuses, and the aquatic seals. The second divi- sion (sub-order Pinnipedia) is in turn sub-divided into three groups called families, namely, the carecl-seals, comprising the sea-lions and sea- bears, or fur-seals (Otoriulce), the walruses [Odobenidce), and the true seals [Phocidce). The fur-seals and sea-lions form the connecting link between the terrestrial carnivores ai\d the true seals, as recognized by all naturalists. The dis- tinguished director of the Ih-itish Museum, Pro- [315] Y Divisions mammals. of ;^2~() REPORTS OP BERING SEA COMMtSSION. rrofpsaor Flower, fessor Flcvfer, says : " The fur-seals or sea-bears , . . form a transition from the Fissiped [terrestrial] Carnivora to the seals . . . When on land the hind feet are turned forward under the body, and aid in supporting and mov- ing the trunk as in ordinary mammals . . , As might be inferred from their power of walk- ing on all fours, they spend more of their time on shore, and range inland to greater distances, than the true seals, especially at the breeding lime, though they are always obliged to return to the water to seek their food. They are gre- garious and polygamous, and the males are usually much larger than the females."* He states further: "The resemblance between the skull and other parts of the body of the fur-seais aiid the Ursoid [/.^., bear-like] Carnivora is sug- gestive of some genetic relationship between the two groups, and Professor Mivart expresses the opinion that the one group is the direct descend- Distinction be aut of the Other." All the fur-seals have con- fween fur-seals and hair goals. soicuous external ears, simuar to those of most terrestrial mammals, except that they are folded lengthwise to keep out the water. The hair seals have no external ears. It may be added that • \Tticle Mammalia, in the Knojdopajtlia Britannica (1883, [). 442) ; and again in his most recent work on Manimalt> (Flower and Ij,v(lei[]ier, Introduction to the Studj of Mammals, Ixindon, ISOl.iIp. 593, 504). REPOr..' OF AMERICAN COMMISSIONERS. 321 the fur-seals, owing Lo the greater length and Distinction bo- .V - , , , twocn fur-seals und moljility of their flippers and to their structural hair seait. peculiarities, travel on land with considerable facility and speed, the body being lifted high above the ground and the gait suggesting the ambling pace of the bear. The true hair seals (family Phocidce) on the contrary are wholly unfitted for progression on land. From the natural history standpoint they represent the extreme of difTerentiation or departure from the ancestral stock among the terrestrial carnivorous mammals. In accordance with their aquatic haljits the fore legs have been so modified that tliey are little more than stiff paddles, like those of the whale ; the hind flippers stick out behind and can not be turned forward for use in terrestrial locomotion or in climbing over rocks, and their bodies drag heavily over the ground. Tlieir movements on land or ice are awkward and laborious, and consist of a series of vertical curvatures and extensions of the spine, suggest- ing the method of locomotion of the measure worm. The amphibious fur-seals are not only inter- mediate between the hair seals and terrestrial carnivorous mammals in structure and means of locomotion, but also in habits, for they spend Fur-seals. ;n5i Y -l 322 REPORTS OF BERING SEA COMMISSION. Fur-seals. fuUy half of their lives on land ; they climb steep and high hills with comparative eafie, and have been known to travel inland fully three miles. The hair seals are strictly aquatic, spending most of the time in water, and some species hardly visit the shore at all. Homes of llio fur' teal. PRINCIPAL FACTS IN THE LIFE HISTORY OF THE FUR-SEAL. 1. The Northern fur-seal {CalMiinus ursinus) 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 Commander Islands, belonging to Russia; (3) on Robben Reef, belonging to Russia, and (4) on the Kurile 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 of! REPORT OF AMERICAN COMMISSIOXERS. 323 Lower California, belong to widely different Homes of the fur- seal. species and are placed in different genera from the Northern fur-seal. 2. In winter the fur-seals migrate into the North Southward migra- Pacific Ocean. The herds from the Commander Islands, Eobben Eeef, and the Kurile Islands move south along the Japan coast, while the herd belonging to the Pribilof Islands leaves Bering Sea by the eastern passes of the Aleutian chain. 3. The fur-seals of the Pribilof Islands do not i^'jbiiof and Com- manclpr ncnis do not mix with those of the Commander and Kurile «>'"g'«- 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 migrations those from the Pribilof Islands follow the American coast in a southeast- erly direction, while those from the Commander and Kurile Islands follow the Siberian and Japan coasts in a southwesterly direction, the two herds being separated in winter by a water interval of several thousand miles. This regularity in the movements of the different herds is in obedience to the well known law that migratory animals follow dejinl'e routes in migration and return year after year to tue same places to breed. Were it not for this law there would be no such thing as stability of species, for interbreeding and exist- 324 REPORTS OF BERlXa SEA COMMISSION. Extent of migru' tion. Pribiiof and Com- eticG Under diverse physiographic conditions itiunder liords do not . , mingle. would dcstroy all specilic characters.* Difference of pe- The pelage of tlic Pribilof fur-seals differs so lago of AloHkan and a i, / i/.i/^ txit Russian fu -seals, markedly Irom that ot the Commander inlands fur-seals that the two are readily distinguished by experts, and have very different values, the former commanding much higher prices than tlie latter at the regular London sales. 4. The old breeding males of the Pribilof herd are not known to range much south of the Aleu- tian Islands, but the females and young appear along the American coast as far south as north- ern California. Eeturning, the herds of females move northward along the coasts of Oregon, Washington, and British Columbia in January, February, and March, occurring at varying dis- tances from shore. Following the Alaska coast northward and westward they leave the North Pacific Ocean in June, traverse the eastern passes in the Aleutian chain, and proceed at once to the Pribilof Islands. • The home of a Bpecics is tlio area over which it breeds. It i* well known to naturalists that migratory animals, whetlier ninin- mals, bird.i, flahes, or members of other groups, leave tiieir lionici for a part of the year because the climatic conditions or the food supply become \iiisuited to their needs; and that wherever the home of a species is so situated -is to provide a suitable cliuiate and food supply throughout the year such species do not migrate, ^'■i' is the explanation of the fact that tho Northern fur-ieals arc inigrnnls, while the far-seals of tropical and warm temperate latitudes do not migrate. Course of north- ward migration. REPORT OF AMERICAN COMMISSIONERS. 325 5. The old (breeding) males reach the islands Arrival of breed- ing mules at islands. much earlier, the first coming the last week in April or early in May. They at once land and •■■'■- take stands on the rookeries, where they await the arrival of the females. Each male (called a bull) selects a large rock on or near which he re- mains until August, unless driven off by stronger bulls, never leaving for a single instant night or day, and taking neither food nor water. Both before and for sometime after the arrival of the females (called cows) the bulls fight savagely JJ';,^^ ^" "'" 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. 6. The bachelor seals (holluschickie) begin to Arrival and only. she finds her own she fondles it a moment, turns partly over on her side so as to present her nipples, and it promptly begins to suck. In one instance we saw a mother carry her pup 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 Todaing.' the harems and huddle together in small groups, called ' pods,' along the borders of the breeding rookeries and at some distance from the water. The small groups gradually unite to form larger groups, which move slowly down to the water's edge. When six or eight weeks old the pups begin to learn to swim. Not only are the young Aquatic birth im- 1 1 • 1. /•I'll iwssiblf. not born at sea, but if soon after birth they are washed into the sea they are drowned. 12. The fur-seal is polygamous, and the male Comparative size IS at least nve times as large as the female. As a rule each male serves about fifteen or twenty Tiic imrem. females, but in some cases as many as fifty or ' more. • - ' • , - , ,■ • .. l;i The act of copulation takes place on land, Copulation, and lasts from five to ten minutes. Most of the ' ' cows are served by the middle of July, or soon 828 rp:ports of uerino sea commission. Copulutiun. Fertilization young cow». after the birth of their pups. They then take the water, and come and go for food wliile nursing, of 14. Many young bulls succeed in securing a few cows behind or away from the breeding harems, particularly late in the season (after the middle of July, at which time the regular harems begin to break up). It is almost certain that many, if not mos;,, of the young cows are served for the fa-st time by these young 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, while (as is wel; kuown) the old bulls on the harems will die in their tracks rather than leave. ' ''■• ' •- ' •' 15. The cows are believed to take the bull first when two years old, and deliver their first pup when three years old. , ., wv 'I Age at wiiich 16. Bulls first take stands on the breeding males go in breeding .... i i ii r grounds. rookeries when six or seven years old. Uetore ,.f,,, Age of puberty in rows. REPORT OF AMKHICA.N ( OMMIH8IOXERS. 329 this they are not powerful enough to fijrht the Arp nt wiiicii ninlcK Ko in brccdiii|t older bulls for jjositions on tiie harems. ground*. 1 7. Cows when nursing regulaily travel long Feeding cxiur- »ion». distances to feed. They are frequently found one hundred or one hundred and fifty miles from the islands, and sometimes at greater distances. 18. Tlie food of the fur-seal consists of fish, FoikI. squ; Jo, crustaceans, and probably other forms of marine life also. (See Appendix E.) . 19. Thegreat majority of cows, pups, and such Dcnniture fm'" of the breeding bulls as have not alreadv gone, leave the islands about the middle of November, the date varying considerably with the season. 20. Part of the non-breeding male seals (hol- luschickie), together with a few old bulls, remain until January, and in rare instances until Feb- ruary, or even later. 21. The fur-seal as a species is present at the Time fur-seals re- -,.,.,„_, . ., . , -, main on islands. rribiloi 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 aljout six months, and part of the non-breeding male seals about eight or nine months, and sometimes throughout the entire year. 330 REPORTS OK BKRIXG SEA COMMISSIOX. Length of time uf migration. Accidental birtlie Islands, on coast. 22. During the northward migration, as has been stated, the last of the body or herd of fur- seals leave the North Pacific and enter Bering Sea in the latter part of June. A few scattered individuals, however, are seen during the sum- mer at various points along the Northwest Coast ; these are probably seals that were so badly wounded by pelagic sealers that they could not travel with the rest of the herd to the Pribilof It has been alleged that young fur- seals have been found in early summer on several occasions along the coasts of liritisli Columbia and southeastern Alaska. While no authentic case of the kind has come to our notice, it would be expected from the large num- ber of cows that are wounded each winter and spring along these coasts and are thereby ren- dered unable to reach the breeding rookeries and must perforce give birth to their young— perhaps prematurely — wherever they may be at the time. 23. The reason the Northern fur-seal inhabits the home of the fur- the Pribilof Islauds to the exclusion of all other i.slaiids and coasts is that it here finds the climatic and physical conditions necessary to its life wants. This species requires a uniformly low temperature and overcast sky and a foggy Rcaftonn that REPORT OF AMERICAN COMMISiSiONERS. 331 atmosphere to prevent the sun's rays from injur- Reasona that , , , . Pribilof Islands ure iiig it during the long summer season when it tUe home of the fur- seal*. remains upon the rookeries. It requires also rocky beaches on which to bring forth its young, Xo islands to the northward or southward of the Pribilof Islands, with the possible exception of limited areas on the Aleutian chain, are known to possess the requisite combination of climate and physical conditions. All statements to the effect that fur-seals of Alaskan fur-KcaU do not brood on coast this Species formerly bred on the coasts and "f California, islands of California and Mexico are erroneous, the seals remaining there belonging to widely diflVreiit species. Ill the general discussion of the (luestion sub- mitted to the Commission it will be convenient to consider the subject under three heads, namely : Conditions of seal life in the region under consideration at the present time. i'auses, the operation of which lesd to existing conditions. lieiiietlies, which if applied would result in the restoration of seal life to its normal state, and to its continued preservation in that state. Siihdivifions report. or 3.^2 BEPORTS OF BtniNO SEA COMMISSION. CONDITIONS. I. i • I- Sources of infor mat ion. Preseiitconditiond. In Considering the condition of seal life on the Pribilof Islands at the present time, it is impor- tant to inquire, first, is there any marked decre.ase in the number of seals frequenting these islands during the past few years ; and, second, if such decrease has taken place, among what cla.«8 or classes of seals is it most notable ? Although an affirmative answer to the first question 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 o.sr which it extended, about Avhich considerable difTcrences of opinion are known to exist. This evidence easily resolves itself into two kinds: (1) the evidence of eyewitnesses or liuman testimony in which observations of several individuals cover tlie last quarter of a century ; and (2) what may be called the internal evidence of the rookeries themselves as they appear to-day. Estimntcs of It is propcr to remark that in our jiulgnuut "gKcmted.* "*"' ' * niost, if uot all, of the published estinuites of the number of seals hitherto found on these i.slancls are exaggerated. From the veiy nature of tiie case an estimate of numbers is extremely didi- REPORT OF AMERICAN COMMISSIONERS. 333 cult. In short, one can say witli much more EBtimatos of number of seals ex- ce; tainty that there are fewer seals here now aiigemted. tlian five years ago than he could attempt a com- parison by means of an actual or r-'^her 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 ill 181)1, is that they have suffered a great and nlarining decrease within the past six or seven years. In the case of Northeast Point Eookery, n'-^ronsen,, North- •> ' east Point Rookcrj-. tl'.e largest single rookery known, and one from the hauling grounds of which about twenty to thirty-nve thousand non-breediiij; male fur- seals were taken a:inually for twenty years, the evidence is unequivocal and conclusive. Tiiis great rookery is several miles in length, and its former boundaries can be distinctly seen, as will be described in detail presently. (8ee also accompanying photograph.) The area occupied by breeding seals in 181)1 was a narrow strip along shore, with a small area in the rear used as ' hauling grounds ' ; while the zone of former ooi'upancy varies from one hundred to five Visit of Commis- sioners, hiuulied feet in width. Mr. C. II. Townsend, resident naturalist of the Uniied States Ti'ish Coniiuission steamer Albatross, visited Northeast 334 REPORTS OF BERING SEA COMMISSIOX. Monen Native toalimouv at to derrease. Visit of Coraiujs- Poiiit liookery in company with the British and United States Bering Sea Commissioners, August 5, 1891, and stated that when he visited the same rookery in the latter part of June, 1885, the broad zone here referred to " w^as covered solid with seals." Lieut. John C. Cantwell, of the Eevenue Steamer Rufih, Dr. If, H. Mclntyre, Capt. Daniel Webster, Mr. J. C. Redpath, and Mr. George E. Tingel, corrol)orate Mr. Townsend's statement that the vello\v-"r;i,ss zone, or zone of former occtipancy, 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 places the time of abandonment at a still later date, some of thr natives maintaining that the yellow-grass zone was covered with seals as recently as 1887. It is evident, tlierefore, thit 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 number of seals within a few years. Although the testimony gathered by us on this The great decrciwi'. RF:P0RT of AMERICAN COMMISSIONFP.S. 335. and other points was not given under jath, its The great ikcrensi- valiie,in oarjudgmentjs not in the least lessened hy that fact. In nearly all cases the witnesses were e>:;imined separately. No ' leading ques- tions ' were asked, and especial caie was taken to prevent the examination from indicating in anyway what was desired to be proved. Full notes of answers and statements were made, and in all cases of special importance the question was re[)eiitcd and the answer read in order to be sure that the opinion of the witness had been properly fjiveii. In short, the investigation was conducted precisely as it would have been had the question l)een one of seientitic rather than diplomatic importance. A few extracts from the evidence relating to Extmots from to?- diminution in numbers will indicate its general character. . , . , . . Anion Melovedoff, native of the island of St. Paul. His father had been chief of the natives on the island, and he had served in the same capacity until recently, when he had been deposed l)ecause,as he himself expressed it, he was "work- ing in the interests of the Company rather than that of the Government." In his opinion the number of seals had greatly iliminished during the last few years. Dr. A . A . Liitz, physician on the island of St. [315J Z timony tiiken. 33G EEPORTS OF BEBINO SEA COMMISSION. Extracts from tc8- George slnce 1884: "There h.is been a great tiiuoiiy tukoii. falling off during the past few years. Mr. Emmons, collector of the port at Uiia- laska : jrets his information from the ollicers and men of the schooners and other craft engaj^ed in pelagic sealing ; thinks that if the present state of affairs is allowed to continue the herd of sealr, Avill soon be destroyed. Nicoli Kmkof, born in Sitka, came to the island of St. l*aul two or three years before the time of the Alaska purchase ; is now seco'id chief on the island ; speaks English very well. Seals began to decrease in number about seven years ago and have diminished rapidly since. It is his opinion that not more than one-fourth as many seals are now on the rookeries as were to he found ten years ago. Kcrrick Artomanoff, aged sixty-seven yeara ; born in St. Paul ; his father was a sealer uml er the liussian rdgime, Jis was he also up to the time of the Alaska purchase. In all he has been, em- ployed in seal killing for forty-five years. His testimony is interpreted by Nicoli, the secoud chief. The number of seals has diminisiicd very greatly withi-^ the last few years. He iia.s seen the rookeries so full that a cow could not get ashore in time for the birth of her young, iu KKPORT OF AMERICAN COMMISSIONr<:RS. 337 which case the pup was born in the water and Kxtmot^ iVom t.h- tiiiiDiiy taken. drowned. Mr. J. C. Redpntli , resident agent of the North American Commercial Company, and previously agent of the Alaska Commercial Company dur- ing a period of fifteen years. Mr. liedpatli has enjoyed unusual opportuni- ties for the intelligent study of seal life. That lie lias made good use of them may be attributed to the fact that the best interests of the compa- nies which he has represented on the islands demanded that no one should be better informed than lie, especially in the matter of increase or decrease in the number of killable seals and the causes to which changes are to be attributed. He said : " Not more than one-half as many females are on the rookerie>s this year as were to be foimd there ten years ago. Tliere is the same loss in the holluschikie, about." Cn plain WeJister, a^entoHhe North American Conunercial Company on tlie island of St. George, lias been on the seal islands for twenty- two years ; was a whaler and sealer in these waters before coming to the islands ; has been in the employ of the sealing companies from the beginning of the management by the United States. Captain Webster had a w ide experience Hs a .sealer in other parts of the world before [315] z 2 338 BKPORTS OF BKRINO SEA COMMISSION. Difliiulty of loc 8Pe» lo obtain qiiotit. Eximots from tos- entering the service of the Ahiska Seahiif timony taken. " Company. Few persons have as much knowl- edge of seals and the sealing industry as he. His statement was that the falling off last year at St. Geoi'ge was very great, and this year the number is considerably less than last. " There are not over one-third as many seals on this island as were here a few years ago." Evidence of this character might be multiplied to almost any extent were it thought necessary. It is well known that during the last few years. the operating Company had experienced difficulty in finding a sufficient number of high-class skins to fill the quota permitted by the Government, and that finally that quota was greatly reduced by order of the representatives of the Govern- Uniiisiuited d< ■ ment on the islands. It may therefore beaccepted crease. "^ as an undisputed fact that the seal population of the i.slands is greatly below what it was for many years and there is little doubt that if the causes which brought about this reduction are permitted to continue in operation, commercial extinction of the herd within a few years will be the inevi- table result. But, fortunately, we are not obliged to accept this conclusion solely on the basis of such testi- mony as that given above, reliable and convinc- BEPORT OF AMERICAN COMMISSIONERS. 339 inff as it is believed to be. The evidence ottered Uiuii.-i>uttd iiu- ... . ('rfH!