ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 73 



which are now conceded to be entirely without foundation; tliat he is 

 also shown to be an extreme partisan of tlie sealers, employed in their 

 behalf, as a writer for the newspapers and general advocate; that his 

 statements show him to be very reckless of what he says; and that 

 finally, when examined as a witness by the United States, he substan- 

 tially takes back what he has said on the subject and aduiits that his 

 observations and information had no just foundation. 



4. That the theory thus suggested is opposed to all the known facts 

 in seal life in regard to their course of migration, and is entirely dis- 

 proved by the evidence.) 



Mr. Phelps continued: There is only one other question of fact 

 which I have to allude to, quite briefly. I have dealt with two partic- 

 ulars iu wliicb it was attempted by the British Commissioners to qualify- 

 to some extent the great facts we have claimed to be true, and 1 think 

 I may say, proved to be true, in respect of the resort of the seals to the 

 Pribilof Islands. 



The first was the commingling; the second was the winter habitat. 

 There is another attempt upon which a good deal of testimony has 

 been expended, that is to say, a considerable number of witnesses have 

 been examined, but upon which nothing has been said by my learned 

 friends, though they allude to it as a fact in the Case, and evidently 

 rely upon this evidence, and tliat is, that impregnation of the seals has 

 taken place to some small extent, or rather may have taken place to 

 some small extent in the water. 



To save time and to avoid going through evidence of that sort, I have 

 put some observations upon it, with references to testimony, upon 

 paper, which, with your permission, I will hand up, and I have given 

 copies to my learned friends. It embodies notliing except what I 

 should say if it was a subject that I cared to discuss at length. There 

 is nothing in it except references to evidence and the heads of sugges- 

 tions that I should have intended to make. 



Sir Charles Kussell. — Looking at its subject matter and my learned 

 friend having been good enough to show us a copy of this, we do not 

 object to its being handed in. 



The President. — We quite appreciate the propriety of that measure. 



Mr. Phelps. — I will make only one or two general observations, and 

 leave the rest to the contents of the printed paper. In the first place 

 that theory is completely disproved, in my apprehension, by the fact 

 that it contravenes the great dominating fact of this animal's life, which 

 distinguishes it from all other animals that ever were known; and 

 which has been so clearly explained in the evidence that it is not the 

 subject of any dispute. This theory is entirely opposed to that fact, 

 and would render it an absurdity and an impossibility. 



In the next place, the theory is completely disproved by the i^eriod 

 of the year in which the young of this animal are i^roduced, and about 

 which there is absolutely no conflict in the evidence. The period of 

 gestation is stated by all witnesses on both sides to be about 12 

 months, — undoubtedly lunar months, which I believe is usual with such 

 animals. The time when the young are produced and born on the Islands 

 is not the subject of disj)ute. Consequently it is made ajiparent that 

 impregnation must occur on the Islands. Then when we come to 

 analyse the testimony to the contrary, it absolutely disappears into 

 thin air; there is really nothing of it. 



Now, Sir, that brings me to the end of one i)rincipal topic in this case. 

 I have thus far endeavored to consider the title we should have to these 

 sales under the general principles of municipal law, if instead of the 

 United States Government we were merely a Corporation, which had 



