162 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



Sir Charles Eussell. — In one of the maps of 1822, he describes 

 himself as "A. Arrowsmith, Hycliogia]>her to His Majesty." 



Mr. Phelps. — Whetlier that means anything more than it does when 

 a Milliner annonnces herself as "^Milliner to Ller Koyal Highness, the 

 Prim ess of Wales," I really do not know, and do not claim anything 

 from it. If he had an ofticial anthority, it adds to the antliority of the 

 map; if he had not, then it is the best conclusion of Mr. Arrowsmith 

 who, at that time, was the principal Geographer and Designer of Maps. 



Senator Morgan. — It all seems to have been done in pursuance of 

 some Act of Parliament. 



Mr. Phelps. — Lord Hannen explains that Act as being an Act 

 having reference to the ])ublication and not to the authority. This is 

 a question also upon which 1 have no knowledge. 



Mr. Justice Harlan. — Sir Charles, in the memorandum there in 

 the British Case of that map of 1818, it is there stated with additions 

 to 1823. 



Mr. Phelps. — I think not. I think the map in which that is con- 

 tained is 1822 "with additions to 1823," — there may have been subse- 

 quent additions to that. 



Mr. Justice Harlan.— "1822, with additions to 1823". When that 

 memorandum was prepared, by whoever made it, he must have had the 

 map of 1822 before him. Is that map in the case; or can it be got, 



Mr. Phelps. — No, that is the map that cannot be found; it is not in 

 the case. Those words are taken from the title, and the title is obtained 

 from I do not know where. 



The President. — No copy is to be found? 



Mr. Phelps. — We have not been able to find any, and my learned 

 friends say the same thing. 



The President. — Neither Sir Charles Bagot's copy, — no copy in 

 the world? 



Mr. Phelps. — No. How they got the title I do not know. I infer, 

 from finding the map referred to in some book of geograi)hy, or some- 

 thing of that sort. 



Mr. Justice Harlan. — The value of it must depend on whether it 

 was taken from something else. 



Lord Hannen. — It would come with the fresh edition with additions. 



Sir Charles Russell. — I understand by referring to N" 98 in the 

 Apiiendix to the Counter Case, volume I, that explains it; and what I 

 understand is, this was in fact at the British Museum, and it purports 

 on the face of it to be a map i)ublished originally in 1822, but also on 

 the face of it appear to be fresh additions to 1823, that is the only map, 

 and it did not involve seeing separately the map of 1822 at all. It was 

 the map of 1822 with further additions to 1823 upon it. 



Mr. Justice Harlan. — It was, then, a map of 1823? 



Sir Charles Russell. — It was a map of 1823. 



Mr. Justice Harlan. — That is not in the case? 



Sir Charles Russell. — That is referred to in N" 98. 



Mr. Justice Harlan. — But the map is not here? 



Sir Charles Eussell. — No, it is in the British Museum. 



Mr. Phelps. — The objection to that is, we are assured by the British 

 Museum people that it is not there. 



Sir Charles Russell. — Not the map of 1823? 



Mr. Phelps. — No, With regard to this map of 1822 or 1823, it was 

 said, iu response to the enquiry of our agent whom we sent there, by 

 the custodian of that branch of the British Museum that there was no 

 such.inax> there. 



