ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 69 



as an Argument; it is nothiug else, — the Eeport was nothing but an 

 Argnment, and this is nothing but a Supplementary Argument, — we 

 are told, at page 23, that, 



" In our previous Report it seems to be necessary," 



— these Gentlemen begin to i)erceive that it is desirable at any rate, if 

 not necessary, to meet the extraordinary state of facts about these maps 

 by something. 



Mr. Justice Harlan. — Do you understand that report to have been 

 presented to us as part of the aigument of the British Counsel? 



Mr. Phelps. — Eeally, Sir, I do not. I believe there have been one 

 or two feeble references to it, and by feeble I mean of course, brief, 

 because I do not mean that anything which comes from my learned 

 friends could be feeble; — General Foster reminds me that what I am 

 about to read was read by Sir llichard Webster. 



Mr. Justice Harlan. — But I understood the part read was objected 

 to at the time. 



Mr. Phelps. — It is not evidence. It is only a statement — it is an 

 apology. 



Mr. Justice Harlan. — I only asked for the puri)ose of knowing 

 whether we are to look into that report. 



Mr. Phelps. — Not by any means with our consent, Sir. Our position 

 has been stated, and we do not withdraw from it. I only refer to a word 

 or two of apology on this point, which I was about to read, which is the 

 only reference, perhaps, I shall make to it, and it has been already read 

 by Sir Richard Webster. 



Mr. Justice Harlan. — I repeat the enquiry that we may know 

 whether we are to look into it. I do not understand tliat Counsel for 

 the British Government have ofllered that report as a part of their 

 argument, though entitled to do so. 



Sir EiCHARD Webster.— 1 should like the Tribunal to understand 

 that we most certainly have offered that report as part of our argument. 

 Tiiere are matters in it which were not referred to — matters of subse- 

 quent depositions, which turned out to be common knowledge, but we 

 have not withdrawn. It was originally offered and tendered as part of 

 our argument, and we do not withdraw that now. My learned friends 

 themselves suggested they might refer to other ])arts, and any part they 

 wish to refer to is open to them, but we have tendered it as part of our 

 argument. 



Mr. Justice Harlan. — I have not so understood. 



The President. — It is understood that the United States do not take 

 that supplementary Eeport as evidence. 



Mr. Phelps. — Of course. 



I shall add one new contribution from that document. 



In our previous Report, as the existence of a certain amount of iutermingliug lias 

 never been questioned — 



Sir EiCHARD Webster. — It is "had" in the original. 

 Mr. Phelps. — My copy is probably a misprint then. It savs "has"; 

 buti will read it "had" 



"had never been questioned". 



That is to say, had never been questioned when they wrote their 

 Eeport. That is no doubt what they mean, whether the word is "has" 

 or "had." 



It was not considered necessary to note in detail the evidence and observations 

 npou which the general statements were based. 



