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THE SITUATION ABOUT BERING SEA, ETC.-Continued.

Character of control claimed over Bering Sea

No exclusive territorial jurisdiction claimed

Protests against ukase and resulting treaties

Case of the Pearl......

PERIOD FOLLOWING THE TREATIES:

Continuation of the colonial system

Case of the Loriot....

Chapter IV of the British Case..

Visits of whalers to Bering Sea.....

Rights to protect seals not relinquished...

Evidence of surveillance over Bering Sea..

Conclusions from foregoing evidence

Russia's action in 1892 ....

Final observations on historical and jurisdictional questions..

First, Russian sealskin industry......

Second, Russia never renounced her right to protect such industry....

Third, United States's right to protect, in accord with rights asserted by

Russia..

Tue Right OF PROTECTION AND OF PROPERTY IN THE ALASKAN SEAL HERD.

Britislı view of protection and property claims ...

History of protection and property claims...

Mr. Blaine insisted on right of protection..

Mr. Blaine asserted ownership in seals

Jurisdictional questions not the true issues".

Mare clausum doctrine inapplicable.....

Mr. Phelps asserted ownership in the sealeries..

All acts not justifiable because committed on high seas

Growth of international law......

The United States adopt Mr. Phelps's views.

Lord Salisbury in error..

Rights arising out of ownership of islands and habits of seals.

All facts relating to property claim fully discussed....

Claim of protection and ownership not now..

Case of the Hurriet

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PART SECOND.

REPLY OF THE UNITED STATES TO THAT PORTION OF THE CASE OF GREAT BRITAIN

CONTAINED IN THE REPORT OF THE BRITISH COMMISSIONERS.

Tie BRITISN COMMISSIONERS AND THEIR REPORT:

The Bering Sea Commission....

The British Commissioners...

Secretary Blaine's note to the British Minister....

Mectings of the Joint Commission.....

Roport of the British Commissioners...

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Page.

Affirmation of its possibility by the Report..

The evidence in favor of aquatic coition.

Capt. Bryant as an authority

WH. Dall as an authority..

Insufficiency of the evidence advanced by the Report..

Inconsistencies of the Report....

Late arrival of the cows at the islands...

Management as an alleged cause of decrease.

The methods admitted to be almost perfect....

Excessive killing alleged....

Proof must be limited to period, 1870-1880.

Admission as to period after decided decrease.

Irrelevancy of such admission.....

Failure of the Report to show change of management aftor 1880...

Reservation as to charges of fraud ....

Foundation of charge of excessive killing.

Capt. Bryant as a witness for the Commissioners

Reasons for his report......

Divisions of evidence in the Report.....

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as pelagic sealing in the North Pacific.

Grounds for the Report's statements..

Pregnant females....

Nursing females ....

Capt. Hooper's investigations, 1892.

Examination of seals by C. H. Townsend, 1892.

Dead pups on the rookeries..

Cause of death......

Mr. Bline's note of March 1, 1890..

Causes of death alleged in the Report.

1. Driving and killing of the mothers.

2. An epidemic......

3. Pups crushed in stampedes.

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FIRST, NEW PROPOSITIONS, ETC.-Continued.

Pelagic sealing–Continued.

Page.

2. That pelagic sealing in Bering Sea is not destructive to seal life as

pelagic sealing in the North Pacific-Continued.

4. Possible raids as a canse..

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All the bodies emaciated

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Great decrease of dead pups in 1892

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Cause of decrease of dead pups.

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Increased mortality on Russian rookeries..

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Comparative sizes of Bering Sea and Pacific catches

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Sealing season in Bering Sea and Pacific compared...

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Average daily catch in Bering Sea and Pacific compared....

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3. That the waste of life resulting from pelagic sealing is insignifi-

cant.

Waste of life insignificant......

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The evidence advanced in the Report..

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Percentage of seals lost by Indians...

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Percentage of seals lost by white hunters.

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Tabulated statements of white hunters..

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Inconsistencies of statements...

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Sources of “White Hunters'” table..

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Table only gives seals lost by sinking

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Seals lost by wounding...,

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The bases for the apology unwarranted....

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SECOND, NEW MATTER ALLEGED NOT HERETOFORE DISCUSSED.

Habits of the fur-seals.

1. That the Alaskan seal herd has a defined winter habitat.

The “winter havitat” theory

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Object of proposing this theory

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The bulls do not resort to the “winter habitat"

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The data insufficient to establish

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Testimony in opposition ...

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Seals followed along Vancouver Island

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Seals scattered during winter months

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Seals found in lat. 40° N. and long. 172° W..

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New migration chart presented with Counter Case..

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2. That the Alaskan seal herd has changed its habits as a result of

disturbance on the breeding islands and of pelagic sealing.

Increased pelagic nature alleged ...

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“Stagey" seals taken at sea

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Table of average catch per boat and per man

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Why averages for 1885 and 1886 are not used

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Such averages of no value.....

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Average per boat in “spring catch," 1886-1891.

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Increase pelagic nature, an assumption

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Change of rookeries based on hearsay

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New Asiatic rookeries...

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