about the increase or diminution of the number of seals on the rookeries of St. Paul and St. George ?"

"I did not notice any change. # " I could not see any particular difference. They come and have their young and go away. The period of gestation is eleven months, and then they come back in the spring following. They are there during the season in countless numbers." (Evidence before Congressional committee, p. 27. Mr. George R. Tingle, a special agent of the Treasury, gave his evidence before the same committee, and he is put forward by Mr. Blaine in support of the United States' contention. (Appendix to Mr. Blaine's letter to Sir Julian Pauncefote, March 1, p. 17.)

Confirming Mr. Glidden's opinion, as above quoted, Mr. Tingle said:

"From Mr. Elliott's statement I understand that there are no more seals now than there were in 1872. I am at a loss to know how Mr. Elliott got his information, as he had not been on the islands for fourteen years."

The same Mr. Tingle, in 1887, reported to Secretary Fairchild that

"He found the lines of occupancy extending beyond those of last year, and the cows quite as densely packed on the ground on most of the rookeries, whilst on two rookeries there is some falling off. It is certain, however, this vast number of animals, so valuable to the Government, are still on the increase. The condition of all the rookeries could not be better." (Appendix to report, Congressional committee, 1888, p. 359.)

In a report of the Alaska Commercial Company (December 13, 1887), it is stated that Mr. George R. Tingle, the agent appointed by the Secretary of the Treasury, substantially confirms Mr. Elliott in his view referred to above, excepting that, upon a careful survey by himself in 1886, he estimated that the fur-seals upon the two islands had increased in number about 2,000,000 up to that time. Mr. Tingle's estimate for 1886 is 6,537,750 (H. R. Ex. Doc. No. 31, 50th Cong., 1st sess.), and in December the Alaska Commercial Company, in their report, said that the seals were on the increase.

The latest definite information appearing in the United States documents regarding the condition of the rookeries is contained in the report of Mr. Tingle, who, as special agent of the Treasury Department, wrote from St. Paul Island, Alaska, July 31, 1888, as follows:

"I am happy to be able to report that, although late landing, the breeding rookeries are filled out to the lines of measurement heretofore made, and some of them much beyond these lines, showing conclusively that seal life is not being depleted, but is fully up to the estimates given in my report of 1887."

From the above United States officials it is clear that, with only partial protection on the islands, the seals have increased in an amazing degree. These islands, containing in 1874 the largest number of seals ever found in the history of sealing at any place, contain to-day a more astounding number.

When the number was less than half of what it is at present, Lieut. Washburn Maynard, of the U. S. Navy, was instructed to make an investigation into the condition of the fur trade of the Territory of Alaska, and in 1874 he reported that 112,000 young male seals had been annually killed in each year, from 1870 to 1874, on the islands comprising the Pribylov group, and he did not think that this diminished the numbers. Lieutenant Maynard's report (44th Cong., 1st sess., H. R. No. 43), as well as that of Mr. Bryant in 1869 (Ex. Doc. No. 32, 41st Cong., 2d sess.), largely supports the contention of the Canadian Government respecting the productiveness of the seal and their habits during the breeding season.

It is not denied that seals enter Behring Sea for the purpose of resorting to the islands to propagate their species, and because the immense herd is chiefly confined to the islands for this purpose during the breeding season it is that the seals have so constantly increased.

Notwithstanding the lax efforts on the part of the United States to guard or patrol the breeding islands, the difficulty of approaching the rough coasts thereof, the prevalence of fogs and other causes have, in a large degree, prevented too destructive or too numerous raids being made upon the rookeries.

The Canadian Government contends that while seals in calf are taken on and off the coasts of British Columbia and California, and also during their migrations near the Aleutian Islands by Indians and Aleuts, the bulk of the seals taken in the open sea of that part of the Pacific Ocean called Behring Sea are bulls both old and youngbut chiefly young-and that most of the cows when taken are known as dry cows," i. e., cows that have nursed and weaned their young, or cows that are barren, or those that have lost pups from natural causes.

66

It must also be noted that there are more females than males in a herd of seals. ("Trip to Alaska," Wardman, p. 94.)

The position taken by the Canadian Government is supported:

(1) By the history of the rookeries as above given and the great increase shown despite the constant killing and raids upon the islands during the past century.

(2) By the fact that the old bulls that have been able to hold their position on the rookeries go into the water at the end of the rutting season, between 1st and 10th of August. (H. R. Ex. Doc. No. 83, 44th Cong., 1st sess., app., p. 132.)

Mr. Clark, on the Antarctic seal fisheries, in "The Fisheries and Fishery Industries in the United States," 1887, pp. 423, 424, says:

"In very stormy weather, when they (the seals) are driven into the sea, they are forced to betake themselves to the sheltered side of the island, hence the men find that stormy weather pays them best. Two or three old males, termed "beach masters," hold a beach to themselves and cover it with cows, but allow no other males to haul up. The males fight furiously, and one man told me that he had seen an old male take up a younger one in his teeth and throw him into the air. The males show fight when whipped, and are with great difficulty driven into the sea.

"They are sometimes treated with horrible brutality. The females give birth to the young soon after their arrival.

"After leaving the rookeries the bulls do not return to them again that season." (3) By the fact that two-thirds of all the males that are born are never permitted to land upon the same ground with the females. This large band of bachelors, when it visits land, herds miles away from the breeding grounds. (H. W. Elliott, H. R. No. 3883, 50th Cong., p. 112.)

Antarctic seal fishery in

(Ex. Doc. 83, 44th Cong.,

They are driven off into the water. (Clark's article on dustries of the United States, sec. v, vol. ii, 1887, p. 431.) Young seals are prevented from landing on rookeries. 1st sess., p. 93; see also Elliott, H. R., 44th Cong., 1st sess., Ex. Doc. No. 83.) Yearling seals arrive about the middle of July accompanied by a few of the mature males, remaining a greater part of the time in the water. (H. H. McIntyre, 41st Cong., 2d sess., H. R. No. 36, p. 14; also H. R. Ex. Doc. 43, 1st sess., 44th Cong., p. 4.) Mr. Samuel Falkner, assistant Treasury agent, writing from St. George Island August 1, 1873, to Mr. Bryant, Treasury agent for the seal islands, says:

"I notice on some of the rookeries the passage ways, formerly occupied by young bachelors in hauling upon the background, are completely blocked up by females, thus preventing the young seals from landing, and, as the greater portion of this island shore is composed of high cliffs, it renders it difficult for any great number to effect a landing. There are also numerous old males constantly guarding the shore line, which makes it still more difficult for the young ones to work their way on the background."

Then, again, it must be remembered that the non-breeding seals, consisting of all the yearlings and all the males under six or seven years of age, nearly equal in number the breeding seals, and Mr. Elliott estimated, when there were 4,700,000 seals on the island. 1,500,000 of this number were non-breeding seals. (Elliott, app. to H. R. Ex. Doc. No. 83, 44th Cong., 1st sess., p. 79.)

On thick, foggy days bachelor seals numbering over a million will often haul out on different hauling grounds, and on the recurrence of fine weather disappear into the water. (Elliott, p. 144, H. R., 44th Cong., 1st sess., Ex Doc. 83.)

The young bachelors do not remain on shore long at a time. (P. 4, 44th Cong., 1st Bess., Ex. Doc. No. 43.) They are so numerous, however, that thousands can be seen upon the hauling grounds, as all of them are never either on shore or in the water at the same time. (Ibid., p. 44.) By the fact that the cows remain with their pups and suckle them until all have left.

They do not go on the rookeries until three years of age. (H. R. Ex. Doc., 44th Cong., 1st sess., No. 43, p. 4.)

They do not go far from shore until the young are reared. Peron says that both parent elephant seals stay with the young without feeding at all until the young are six or seven weeks old, and that then the old ones conduct the young to the water. (Clark's article on Antarctic seals, p. 424.)

The young are suckled by the females for some time and then left to themselves, lying on the beach, where they seem to grow fat without further feeding. ("The Fisheries and Fishing Industries of the United States," sec. v, vol. ii, 1887, p. 424.) For this reason those that are pupped in June are off in the water in August.

So, also, on the African coast the seal remains until the young can take care of themselves. (Ibid., p. 416.)

The bulk of the seals are confined to the islands until ice surrounds them. (H.R. Ex. Doc. No. 45, 44th Cong., 1st sess., p. 2.)

The seals never leave their places, seldom sleep, and never eat anything from May to August, when they take to the water, but, it is believed, take no food until their final departure in November. (H. H. McIntyre, H. R. Ex. Doc. No. 36, 41st Cong., 2d sess., vol. 5.) Mr. Elliott says, "perhaps she feeds." (P. 130 his report on Alaska, 1874, H. R. No. 83 Ex. Doc., 44th Cong.)

The bulls, while on the island, prevent the mothers taking to the water. (Marine mammals, by Captain Shannon, "United States Revenue Marine," 1874, p. 152.)

From 10th to 25th of July the rookeries are fuller than at any other time during the

season, as the pups have all been born, and all the bulls, cows, and pups remain within their limits. (H. R. Ex. Doc. No. 43, 44th Cong., 1st sess., p. 3.)

It has been shown that when in the rookeries mothers were destroyed, the young were found dead, etc., but Professor Elliott, in reference to the Pribylov Islands, says:

"With the exception of those animals which have received wounds in combat, no sick or dying seals are seen upon the islands.

"Out of the great numbers, thousands upon thousands of seals that must die every year from old age alone, not one have I ever seen here. They evidently give up their lives at sea." (His report on Alaska, 1874, H. R. Ex. Doc. 83, 44th Cong., p. 150.)

To further prove that the contention of the Canadian Government is not at all unreasonable, it may be said that at the International Fisheries Exhibition, London, 1883, Mr. Brown Goode, of the U. S. Fish Commission, having stated the regulations of the United States concerning the Pribylov group, the official report upon the exhibition, says:

"Every animal, both in sea and on land, reproduces its kind in greater numbers than can possibly exist. In other words, all animals tend to multiply more rapidly than their food; many of them must in consequence either die or be destroyed, and man may rest satisfied that so far as the open ocean is concerned, the fish which he destroys, if he abstain from destroying, would perish in other ways. With respect to the former (seals), I have already pointed out that the restriction which the United States' Government has placed on the destruction of seals in the Alaskan islands seem unnecessarily large."

He added that nature has imposed a limit to their destruction.

Professor Elliott himself was of the opinion in 1874 (see his report on Alaska already referred to, pp. 8, 89) that

"With regard to the increase of the seal life, I do not think it within the power of human management to promote this end to the slightest appreciable degree beyond its present extent and condition in a state of nature; for it can not fail to be evident, from my detailed description of the habits and life of the fur-seal on these islands during a great part of the year, that, could man have the same supervision and control over this animal during the whole season which he has at his command while they visit the land, he might cause them to multiply and increase, as he would so many cattle, to an indefinite number, only limited by time and means; but the case in question, unfortunately, takes the fur-seal six months out of every year far beyond the reach, or even cognizance of any one, where it is exposed to known powerful and destructive natural enemies, and many others probably unknown, which prey upon it, and, in accordance with a well-recognized law of nature, keep it at about a certain number, which has been for ages, and will be for the future, as affairs now are, its maximum limit of increase. This law holds good everywhere throughout the animal kingdom, regulating and preserving the equilibrium of life in a state of nature. Did it not hold good, these seal islands and all Behring Sea would have been literally covered, and have swarmed with them long before the Russians discovered them; but there were no more seals when first seen here by human eyes in 1786-'87 than there are now, in 1874, as far as all evidence goes.

*

"What can be done to promote their increase? We can not cause a greater number of females to be born every year; we do not touch or disturb these females as they grow up and live, and we save more than enough males to serve them. Nothing more can be done, for it is impossible to protect them from deadly enemies in their wanderings for food.

This great body of four and five millions of hearty, active animals must consume an enormous amount of food every year. They can not average less than 5 pounds of fish each per diem (this is not half enough for an adult male), which gives the consumption of over three million tons of fish every year!

"To get this immense food supply the seals are compelled to disperse over a very large area of the North Pacific and fish. This brings them into contact more and more with their enemies as they advance south, until they reach a point where their annual destruction from natural foes is equal to their increase, and at this point their number will remain fixed. About the seal islands I have failed to notice the least disturbance among these animals by anything in the water or out, and from my observation I am led to believe that it is not until they descend well to the south in the North Pacific that they meet with sharks and voracious killer-whales."* The following extract from the report of Mr. H. H. McIntyre, special agent of the Treasury at the islands in 1869, largely supports the foregoing views:

"The habits of the fur-seal are peculiar, and in considering the action necessary

"In the stomach of one of these animals (year before last) fourteen small harpseals were found." Michael Carroll's report, Canadian Fisheries, 1872.

to their protection deserve careful attention. From the statements of the employés of the late Russian-American Company, the information derived from the intelligent native chief of St. Paul Island, and my own observation during the summer of 1869 I have reached the following conclusions: The seals reach the islands of St. Paul and St. George in May, June, and July of each year in the following order: first, a small number of old male seals, known as wigs, visit the islands very early in the spring, or as soon as the ice has melted sufficiently to allow them to reach the rocks upon the shore. Their object at this time seems to be solely to reconnoiter their old rookeries with a view to re-occupy them, if they have not been disturbed, and the natives, so understanding it, avoid any noise likely to alarm them, and in case the wind is in such direction as to carry the smoke from the settlement towards the rookeries all fires are extinguished. After a few days these pioneers take their departure, and as the season advances, if they have been undisturbed on the occasion of their first visit, they return, bringing with them all the males of mature age, above five or six years old, who are able to maintain their places in the breeding rookeries. Climbing up on the rocks, each seal selects his position and takes possession of and occupies through the season, if sufficiently strong, from 1 to 3 square rods of ground.

"Still later in the season, when the ice has nearly disappeared, the females arrive, conveyed by the young males above one year of age, who are unable to occupy the rookeries with their seniors. The females, immediately on reaching the shore, are appropriated by the old males and taken to the places respectively selected by them for the season, which is generally the same for many successive years. It is asserted that the same male seal has been known to occupy one rock for more than twenty seasons. The young seals above one year of age, called bachelors, take their positions around the edges of the rookeries or remain in the water, and are constantly trying to steal the females from their respective masters, who also rob each other of their families, by stealth or strength, whenever occasion offers, and thus an incessant quarrel is maintained at all points, which keeps the old males constantly on the alert. They never leave their places, seldom sleep, nor do they eat anything whatever during the entire season from May to August, when they go into the water, but, as far as can be ascertained, take no food until their final departure in November. It may be remarked, however, that they are very fat on arrival and quite as lean at the time of leaving, in autumn. The young seals are supposed to feed while in the water, but this has not been definitely proved, nor is the nature of their food well known, since an examination of their stomachs seldom reveals more than a green, mucilaginous matter. Following all others, the yearling seals arrive about the middle of July, accompanied by a few of the older males, and remain for the greater part of the time in the water. Soon after their arrival, in the months of June and July, the females bring forth their young." (Ex. Doc., 41st Cong., 2d sess., No. 36, p. 14.)

Reference has been made to the raids upon the rookeries, and to the fact that insufficient care has been taken of the breeding ground. It is contended that it is the duty of the Government drawing an enormous rental from these islands to carefully guard and protect them, and it is undoubted that with efficient protection' the increase of seal life will be more marvelous than ever.

Mr. Tingle, in 1886, in his report to Secretary Fairchild, urges the Government to keep a cutter around the islands from the 1st of July to the 1st of November.

Mr. Morgan, in 1888, in his evidence before Congress (p. 23), said there were not sufficient cutters for the protection of the islands, and Mr. Wardman, special agent of the Treasury at the islands, 1881 to 1885, said:

"I think the Government ought to keep at least one revenue steamer therein and about these two islands up until the middle of October at least. The trouble has been in the revenue marine service. The appropriations were all right, and a fellow would be sent up to nominally protect the seal islands, but he would also be ordered to look for the north pole as well as watch the seal islands. He might find the north pole, but not around the seal islands. He would be away just at the time he would be needed around there." (Evidence before Congressional committee, p. 38.) The Hon. Mr. Williams said:

"The Government practice, through the Treasury Department, has been to protect these waters so far as they could with the revenue-cutters which are at their command. Still, it has frequently happened that a revenue-cutter goes upon the seal ground and then is ordered north for inspection, or for the relief of a whaling crew or something of that kind, and they are gone pretty much the whole time of the sealing season, and there seems to be an insufficiency in the method of protection." (Evidence before Congressional committee, p. 106.)

Mr. Taylor, special agent of the Treasury in 1881, said before the same committee (p. 58):

"The difficulty heretofore has been that our revenue-cutters have been obliged to cover a territory of 800 miles long and 700 or 800 miles wide, north and south, and they would get around to the seal islands about twice during a season. They never happened to be there when needed, and, as far as rendering any service whatever is con

cerned, they were practically useless so far as the seal islands were concerned. That has been the experience, I believe, of all who have been there."

This officer recommended steam-launches for Government agents at the islands. (Evidence before Congressional committee, p. 109.)

Mr. Glidden, another agent of the Treasury from 1882 to 1885, says (evidence Congressional committee, p. 28) when he was at the islands the Government kept no vessels there.

"They landed our officers on a little island 6 miles from St. Paul to watch.

In every report I made I recommended that they shld keep a revenue-cutter there. One vessel can not protect those islands and visit the Arctic Ocean besides. The cruising ground is far too extensive, covering, as it does, a distance of several thousand miles, and while the cutter is absent in the Arctic much damage can be done by the marauding vessels to the seal islands."

That Congress regarded it at the outset as the duty, at least, of the administration, to simply guard and regulate the islands is clear from the act first dealing with the subject.

Mr. Boutwell, the Secretary of the Treasury, reported in 1870 (41st Cong., 2d sess., Ex. Doc. 109) as follows:

"A suggestion has been made to this Department, in various forms, that the Government should lease these islands for a long period of time to a company or firm, for an annual sum of money, upon the condition that provision should be made for the subsistence and education of the natives, and that the fisheries themselves should be preserved from injury. This plan is open to the very grave objection that it makes a monopoly of a branch of industry, important not only for the people of the islands but to the people of the United States, if the preparation and manufacture of the skins for use should be transferred from London to this country. Such a monopoly is contrary to the ideas of the people, and not many years would pass before serious efforts would be made for its overthrow. Moreover, the natives of the islands would be under the control of the company, and, as the expiration of the lease approached, the inducements to protect them and preserve the fisheries would diminish, especially if the company saw, as would probably be the case, that it had no hope of a renewal of its privileges. Under these circumstances the Government of the United States would necessarily be subjected to great expense and trouble.

"For these reasons, briefly stated, but valid, as they appear to me, I can not concur in the suggestion that the islands should be leased to any company for a period of

years.

"Inasmuch as it will be necessary for the Government of the United States to maintain in and around the islands a military and naval force for the protection of its interests under any plan that can be devised, I am of opinion that it is better that the Government should assume the entire control of the business of the islands, and exclude everybody but its own servants and agents; that it should establish a rigid system of police, excluding from the islands distilled spirits and fire-arms, and subject vessels that touch there to forfeiture, except when they are driven to seek shelter or for necessary repairs. The conditions of such occupancy and control by the Government of the United States seem to me to be these:

"First, the exclusion of other parties; second, the supply to the natives of such articles as they are accustomed to use; third, compensation to the natives for their labor, and the payment of a sufficient additional sum each year to enable them to live in the manner to which they have been accustomed; fourth, an equitable division of the value of the skins over the payments made to the natives, and the cost to the Government of the United States of maintaining such force as is necessary for the protection of the business.

"The portion of the surplus equitably belonging to the natives might be set aside for the purpose of education and religious teaching, the erection of more suitable dwellings than they now possess, and generally for their physical, intellectual, and moral improvement.

"If the Government were to lease the islands it would not be possible to withdraw entirely the military and naval forces, or to neglect a carefni supervision, and the additional expense consequent upon retaining possession of the business of the islands in the hands of the Government would not be large.

"Ordinarily, I agree in the opinion that a government, especially one like that of the United States, is not adapted to the management of business; but this clearly is a business which can not be left open to individual competition; and if it is to be a monopoly, whether profitable or otherwise, the interest of the Government is so large, and the expenses incident to the protection of these islands so great, that it can not afford to substitute to any extent the monopoly of an individual or of a company for its own lawful supervision.

"Should the Government fail in the attempt to manage the business through its own agents, there will then be opportunity to lease the fisheries to private parties;

FR 90-26