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Alaska Commercial Company?-A. At least five or six times as many as the Alaska Commercial Company are killing.

Q. What will be the effect if more stringent measures are not taken to protect the seals by the Government?-A. If more stringent measures are not taken, it is only a question of time when these seals will be driven ultimately to seek some other home where they will not be molested. They will not continue to be harassed; and, if this marauding is continued, they will, in my opinion, either be gradually exterminated or will leave the islands permanently and land at some other place. They may go on the Russian side.

Q. Will marauding increase if the Government does not take steps to prevent it ?— A. I think so.

Q. Is it practicable to prevent it?-A. Yes, sir. If we did not allow these cheeky, persistent, insolent, British Columbia seamen to go there and defy the United States and its authorities, it would very soon be stopped. When our revenue cutters seize the British schooners, the captains are very insolent and defiant, and claim that they have a strong government at their backs. I am now referring particularly to Captain Warner, of the Dolphin. He said in 1887, when captured, "We have got a strong government at our backs, and we will fight you on this question." 'Very well," says Captain Shepherd, "I have got a strong government at my back, and I am going to do my duty. My government sends me to protect these seal rookeries. I am charged by this administration to enforce the law, and I will seize all marauders."

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Q. You were speaking a while ago in regard to the amount of seal life destroyed by marauders, and that a captain had given the number of seals destroyed. Have you seen any of the log books of those vessels ?-A. Yes, sir.

Q. Will you state what you remember with regard to the number of seals lost or captured by those vessels?-A. I remember reading the log-book of the Angel Dolly, which I captured. There was an entry in that log-book that read as follows: "Issued to-day to my boats, three hundred rounds of ammunition. At night they came in with the ammunition all expended, and one seal-skin."

Q. They had shot three hundred rounds of ammunition ?-A. Yes, sir. Another entry I saw was: "Seven seals shot from the deck, but only secured one." All lost but one. Another entry: "It is very discouraging to issue a large quantity of ammunition to your boats, and have so few seals returned." An entry was made in another place, where he gave it as his opinion that he did not secure one seal-skin out of every fifty seals wounded and killed.

Q. Have you seen seal-skins upon the island that had been shot?-A. Very often. We gather handfuls of shot every season.

Q. Does that injure the market value of the skins?-A. Undoubtedly. Any hole is an injury to the skin.

Extract from Mr. Tingle's report to the Treasury Department.

I am now convinced from what I gather, in questioning the men belonging to captured schooners and from reading the logs of the vessels, that not more than one seal in ten killed and mortally wounded is landed on the boats and skinned; thus you will see the wanton destruction of seal life without any benefit whatever. I think 30,000 skins taken this year by the marauders is a low estimate on this basis; 300,000 fur-seals were killed to secure that number, or three times as many as the Alaska Commercial Company are allowed by law to kill. You can readily see that this great slaughter of seals will, in a few years, make it impossible for 100,000 skins to be taken on the islands by the lessees. I earnestly hope more vigorous measures will be adopted by the Government in dealing with these destructive law-breakers.

William Gavitt, an agent of the United States Treasury, gave this testimony.

Q. I understand you to say-for instance, taking 1887 or 1888-that the 100,000 seals taken upon the islands, and the 40,000 taken and killed in the water, if no greater amount was taken, that there would be no perceptible diminution in the number of seal; that by the natural increase the company might take 40,000 more than now, if it were not for the depredations?-A. I had in mind an average between 25,000 killed in 1888 and about 40,000 in 1887.

Q. What I want to know is this: Is it your opinion that the number taken in the sea, when they are on the way from the islands to the feeding grounds, have a tendency to demoralize the seal and to break up their habits, their confidence, etc.?-A. It would be likely to do it. They are very easily frightened, and the discharge of fire-arms has a tendency to frighten them away.

By Mr. MACDONALD:

Q. No seals are killed by the company in this way?—A. No, sir; they are all killed on the islands with clubs.

Jacob H. Moulton, an agent of the Government, testified:

Q. Do you think it essential to the preservation of seal life to protect the seal in the waters of Alaska and the Pacific?-A. There is no doubt about it.

Q. The herd could be exterminated without taking them upon the islands?—A. They could be exterminated by a system of marauding in the Behring Sea, but I think the number killed along the British Columbia coast did not affect the number we were killing on the islands at that time, because there was apparently an increase during these years. There had been for five or six years up to that time. Since that time in Behring Sea the seal have been gradually decreasing.

Q. You think their decrease is attributable to unlawful hunting in Behring Sea ?— A. There is no doubt of that.

Q. As a result of your observation there, could you suggest any better method of preserving seal life in Behring Sea than that now adopted?-A. Not unless they furnished more revenue vessels and men-of-war.

Q. So as to patrol the sea closely?-A. I think so. I do not think the seals scatter much through any great distance during the summer season, although very late in the summer the smaller seals arrive. The females, after giving birth to their young, scatter out in Behring Sea for food. We know they leave the islands to go into the water, because they are coming and going. They suckle their young the same as most animals.

Q. Lawless hunters kill everything they find, I believe, females or not?-A. Yes, sir.

Q. When a female is nursing her young and goes out for food and is killed or wounded, that results also in the death of her young?-A. Yes, sir. As her young does not go into the water, it does not do anything for some time, and can not swim and has to be taught.

Q. The seals are born upon those islands?-A. Yes, sir; they come there for that purpose. They come there expressly to breed, because if they dropped their young in the water the pup would drown.

Q. Do you think the value of the seals justifies the policy that the Government pursues for their preservation and protection?-A. Yes, sir; I do.

Q. And under a rigidly enforced system protecting seal life in the waters of these seas, do you think the herd could be materially increased?-A. I think it would. I think there is no doubt but what it would.

Edward Shields, of Vancouver Island, a sailor on board the British schooner Caroline, engaged in seal hunting in Behring Sea in 1886, testified, after the vessel was seized, that the 686 seals taken during the whole time they were cruising in the open sea were chiefly females. Mr. H. A. Glidden, Treasury agent, recalled, testified as follows:

Q. From the number of skins taken you estimated the number killed?-A. That season I know there were thirty-five vessels in the sea, and we captured fifteen vessels. The catches of the vessels were published in the papers when they arrived 'home and averaged from 1,000 to 2,500 skins each.

Q. You estimate, then, that during the season 40,000 skins were taken? In killing them in the open sea they do not recover every seal they kill?-A. No, sir; I do not think they do. In fact, I know they do not, judging from the amount of shot and lead taken from the seals that are afterwards killed on St. Paul and St. George Islands. Q. So that the destruction of the seals in the open sea would be much in excess of the number taken, probably?-A. I have no very accurate information on which to base an opinion, but I should judge that they lost from 40 to 60 per cent. of them. I saw a good many shot from the boats as I was approaching, and think they lost two or three out of five or six that I saw them shoot at.

Q. From your observations have you any recommendations or suggestions to offer, the adoption of which would lead to the better preservation of seal life in these waters than is now provided by law?-A. There is a difference of opinion as to the construction of the law. I firmly believe that the Government should either protect the islands and water in the eastern half of Behring Sea or throw up their interest there. If the Behring Sea is to be regarded as open for vessels to go in and capture seals in the water, they would be exterminated in a short time.

No. 12.

Sir Julian Pauncefote to Mr. Blaine.

[Extract.]

BRITISH LEGATION, Washington, D. C., March 9, 1890.

DEAR MR. BLAINE: I have the pleasure to send you herewith the memorandum prepared by Mr. Tupper on the seal fishery question, to which he has appended a note by Mr. Dawson, an eminent Canadian official.

Believe me, etc.,

[Inclosure 1.]

JULIAN PAUNCEFOTE.

Rookeries in South Pacific withheld extensive raids for years.
None of Pacific fisheries ever equaled those of the Pribylov group
History of South Shetland Islands, and wholesale destruction thereon
Destruction at Mas-á-Fuera

SYNOPSIS OF REPLY TO MR. BLAINE'S LETTER TO SIR JULIAN FAUNCEFOTE, OF MARCH

1, 1890.

Mr. Blaine's reference to indiscriminate slaughter-note in point
Extraordinary productiveness of seals.

Page.

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Chapel of opinion that 100,000 a year could have been taken from the Shetlands under proper restrictions..

Pups in thousands found dead on beaches..

Incorrect statement in report of the House of Representatives as to rookeries of the world

Russian memorandum of July 25, 1888, enumerating rookeries..
Cape of Good Hope rookeries, and the protection of same.

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Destruction on these rookeries formerly-plague-revival of rookeries under regulations.

Seals shot-statement that 1 only in 7 is shot-contradicted by Canadian hunt

ers

Mr. Elliott on unerring aim of Indian hunters

Practice of hunters..

Slaughter under Russian rule

Statement of facts prior to and at time lease of islands to Alaska Commercial
Company (1870)-lessees permitted to take 100,000 a year

Table showing catch 1817-260 . .

Undiminished condition of islands, 1868, though 6,000,000 taken 1841-70

50,000 seals killed on the island of St. George in 1868..

150,000 killed on the island of St. Paul during the same year.

General onslaught-300,000 killed in 1869.

Notwithstanding the above destruction, 100,000 a year might, Mr. Boutwell stated, be killed with protection in and around the islands.

Mr. Dall of same opinion in 1870 (100,000 a year may safely be killed).

Tenure of lease allowed 100,000 a year-any male seal of one year or over-natives
to kill pups for food..

Opinion of committee of House of Representatives that seals require protection
during migration, and for 50 miles southeast of rookeries whilst searching for
food, which differs from Mr. Blaine's proposition...
Mr. Glidden's testimony-merely his opinions, not based on practical knowledge
Mr. Taylor's testimony.

On islands in 1881-as to seals' intelligence and hours for feeding. No bulls remain on islands all summer-writers and agents contradict this... Mr. Taylor admits that killing occurs inshore, where the sea is black with seals. This witness, while stating that young pups are lost, does not instance. finding dead pups on the islands-his admission that seals have not diminished.

Chief damage due to insufficient protection of islands..

Mr. Williams's testimony.

No personal knowledge as to the seal-refers to want of protection on
islands and danger of seals being taken when passing Aleutian Islands-
increased depredations upon the rookeries for last three or four years.

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Mr. McIntyre, Government agent, afterwards a superintendent of the company.
Thinks one-fifth only of seals shot are recovered-found seals with shot-
attributes deficiency of seals in 1888 to the fact that cows were killed-at-
tempts to reduce estimate, as to number, of Elliott and Dall by one-half-
large decrease in 1887, 1888-decrease since 1882, especially since 1884-
considerable percentage of killed made up of males-40,000 skins in 1886
and 1887 taken in Behring Sea-this merely a surmise-80 or 90 per cent.
of catch females-positive testimony of this witness on matters of opin-
ion or hearsay-his statement that islands unmolested from 1870 to 1885
incorrect, as well as statement as to decrease from 1882 and 1884.
Mr. Elliott's testimony..

Report regarding him by Mr. Morris in 1879-Mr. Elliott's evidence before
Congressional committee goes further than his previous writings—his
statement regarding loss of wounded seals contradicted.
Mr. Tingle's testimony

On islands 1885 to 1886-slight diminution probably-calculation of catch
from entry in log of Angel Dolly-extraordinary log and extraordinary
crew of Angel Dolly-Mr. Tingle contradicts Mr. McIntyre-increase
since Mr. Eliott's count, 1876, 2,137,000-criticism of Mr. Elliott's state-
ment re decrease, and points out that Mr. Elliott was not on the islands
for fourteen years.

Mr. W. Gavitt's testimony.

On St. George Island, 1887, 1888-bad character of employés of companyno means of agents knowing of unlawful killing-no agent can say when seals are captured off the islands-lessees buy seals killed at Oonalaskaagents drawing two salaries, one from Government and one from the company.

Mr. Moulton's testimony, 1877, 1885

Increase in number of seals to 1882-decrease to 1885-opinion and evidence
as to catch of mothers.

Edward Shields, sailor, as to catch of 686 seals, chiefly females-custom of hunt-
ers to class all skins of seals under those of mature seals as females....
Mr. Glidden, recalled, based his estimate of 40,000 catch from newspapers
Inexperience of witnesses..

No cross-examination of witnesses.

The opinions of witnesses..

Their opinions are substantially that females nursing go out for food—when away from islands are shot-greater part of catch in Behring Sea made up of females-many of the seals shot are lost.

Issue joined on these by Canadian Government. Seals can be protected and increased in number by (1) proper patrol of Islands, (2) killing of pups prohibited, (3) reduction of pups to be killed on islands, (4) limit of months for kill. ing, (5) prevention of killing by Aleuts at the Aleutian Islands.

Difference between House of Representatives committee and Mr. Blaine as to when injury began to islands-1886 or 1885...

Important to show how insignificant catch of Canadian sealers compared with depredations successfully survived by islands

Depredations on islands and catch outside islands, 1870.

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1872.

1874.

1875.

1876.

1877.

1878.

1879.

1880.

1881.

1882.

1883.

1884.

1885.

1886.

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None of the depredations were committed by Canadian sealers.
Mr. Blaine refers to increase and profitable pursuit of industry down to 1886..
Present value and condition of islands better than ever.
Comparative offers for lease of islands 1870-1890.

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40

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40

Enormous rental and profits received by the United States from the islands... Receipts and expenses-$9,525,283 received by the United States in excess of purchase price of Alaska...

40

40

Page.

Marvelous increase of seals in spite of depredations referred to......

40

1869, 1,728,000; 1874, 4,700,000; 1884, increasing; 1885, no change, countless numbers; 1887, still on the increase; 1888, no change. With total of 4,700,000 in 1874, Lieutenant Maynard of opinion 112,000 young male seals can be safely killed annually..

41

41

41

Reference to Maynard's and Bryant's report as to habits of seals supports Cana-
dian contention..

Canadian Government contends few females in calf ever taken in sea.
More females in a herd than males..

Canadian contention supported by following facts: (1) Seals on rookeries still
increasing (2) old bulls go into water at end of rutting season and do not
return to islands-Clark on males driving others off; (3) two-thirds of males
not permitted to land at rookeries-occasional visits to land-yearlings arrive
middle July-non-breeding male seals equal breeding seals (1,500,000)—bach-
elors not long on shore-females do not feed until young go into water......
Bulk of seals confined to island until ice surrounds islands..
Never out until departure (see Mr. McIntyre's report, p. 48)
Bulls prevent mothers taking to water

Rookeries full to July 25, and remain in limits..

No seals sick or dying on islands..

Canadian contention supported by report on International Fisheries Exhibi-
tion (London, 1883)-nature has imposed a limit to their destruction...
Mr. Elliott, in 1874, agrees with the above contention-the equilibrium of life
regulated..

Seals get their fish in North Pacific..

Mr. McIntyre's report as to habits of seals, 1869.

Seals take no food until their departure from islands in November..

The duty of Government to patrol islands-Mr. Tingle in 1886 asks for cutters to patrol islands-Mr. Morgan recommends launches-Mr. Wardman alludes to inadequacy of protection to islands.

Mr. Williams points out insufficiency of protection to islands.

Mr. Taylor says, in 1881, the difficulty arises from the want of better protection-Mr. Glidden agrees...

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41, 42

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43

43

43

43

43

44

44

44

44, 45

Mr. Boutwell, Secretary of the Treasury, in 1870, conceived the duty of the
Government was to efficiently guard "in and around the islands".
The interests on behalf of a monopoly cause divergent views respecting the
protection of seals...

45, 46

46

Mr. Bryant shows the value of the lease in conferring a monopoly-Mr. Moore illustrates this...

When the company took less than 100,000 seals it did so because the market did not demand them

Mr. McIntyre shows that 800,000 were once thrown into the sea as worthless, when the market was glutted

Killer-whales and sharks the enemies of seals.

46

46

47

47

Man's assaults at sea small in comparison to the natural enemies of the seal...
Canadian system of hunting..

47

47, 48

Mr. Elliott shows that if temporary diminution does occur on the islands of St.
Paul and St. George, the missing seals are probably on the Russian islands..

48

[Inclosure 2.]

Mr. Tupper to Sir Julian Pauncefote.

THE ARLINGTON, Washington, March 8, 1890.

DEAR SIR JULIAN: I have the honor to inclose herewith a memorandum prepared by me in reply to the memorandum sent to you by Mr. Blaine, and which you handed to me upon the 3d instant.

I send you a copy for yourself, one for Mr. Blaine, and one for M. de Struvé, the Russian ambassador.

I also have the honor to forward herewith a valuable paper upon the subject, prepared hurriedly by the assistant director of the geological survey of Canada, George Dawson, D. S., F. G. S., F. R. S. C., F. R. M. S.

I may add that Dr. Dawson was in charge of the Yukon expedition in 1887.
Copies of his paper are also inclosed for Mr. Blaine and M. de Struvé.

I am, etc.,

CHARLES H. TUPPER.

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