232 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



is killed wlio would liave had 8 or 10 pups, or wliatever the number may 

 be, according to lier age, half of those would be females, and of that 

 half that are females the same ratio of progression would go on if 

 they survived to become productive tliemselves. As 1 suggest, it is a 

 great deal worse for the herd, not speaking of humanity, to kill a young 

 female that is not pregnant than it is to kill an old female that is actu- 

 ally pregnant. They destroy more young ones in one case than in the 

 other. It is only the inhumanity that distinguishes it. They may kill 

 a pregnant female that never would have another pup, or more than 

 one or two, or they may kill a young female with her whole life before 

 her, that would have 10, 12, or 14. But still this point is made, and I 

 do not mean to pass over any issue of fact that has been made, because 

 one thing I claim to be perfectly clear, whatever the decision of the 

 Tribunal jnay be in respect of this case in any of its points or in any 

 of its results, that there is not an allegation of fact which the Govern- 

 ment of the United States have put forward in their case — not one — 

 that is not perfectly demonstrated to be true by the evidence. 



Now, on the subject of pregnant females, it is conceded that the period 

 of gestation is 11 to 12 months, undoubtedly 12 lunar months; because 

 that is the analogy with other such animals. The witnesses speak 

 of it as being 11 to 12 months; and I sui)pose that it is; and also that 

 the young are all born in June. The testimony agrees about that with 

 a very few exceptions, — some witnesses say in the very early July ; they 

 are born at the latest in June and the early July. There is no proof 

 of any young coming into the world on these Islands, and certainly not 

 anywhere else later than that. I am reminded that is the British Com- 

 missioners' figure, — from the 15th of June to the 15th of July, but, really, 

 there is no divergence of testimony on that subject. 



Then, all the pregnant females that are in the herd are necessarily 

 on their way, through the sea; and they are exposed, how much 

 exposed we shall point out. Of course, without any evidence you 

 would see that there must be a large number pregnant. Of course also, 

 the projier proportion of the females who are 2 years of age only, or- 

 yearlings, and are not pregnant, as they do not produce young until the 

 third year, — in the loose statements that some witnesses have made 

 about barren females, are included; but the evidence on this subj(K;t is 

 this; and from general considerations we show, before you look art the 

 evidence, what the evidence must be if it is true. The LTnited States, 

 have examined Revenue OtHcers, sea captains and fur-dealers, and I: 

 mean by that fur-dealers who are there and know the facts i^ersonally.. 

 This does not come from the examination of the London fnr-dealers,, 

 but from fur dealers on the Pacific Coast who know the business.. 

 Aside from that, we have examined 7 Captains, Captain Cantwell,, 

 Captain Shephard, Captain Scammon, Captain Douglass, Captain! 

 Hays, Liebs, the fur-dealer, and a Missionary of the name of Duncan.. 

 These witnesses say "75 percent;" " 95 jier cent ; " "a ma;jorityof all;"' 

 "nearly all of catch;" 95 per cent of all;" "nearly all of catch;" 

 "nearly all of catch;" are pregnant females. We have examined of 

 Sealing Captains, Mates and Owners, following the same qualifijcation, 

 and putting those by themselves who can write as somewhat superior 

 to the common men, 25; 4 of these are British subjects and 21 Amer- 

 ican. The testimony of these 25 men is this; "the greater number;" 

 "90 percent:" "99 percent;" "75 per cent of all;" "the majority;" 

 "most;" "all;" "85 per cent;" "nearl vail of catch;" "75 to 80 of all:" 

 "all of catch;" "four-fifths of the cows;" "nearly all;" "mostly all,"— 

 a repetition of those words or of exactly the same significance, stating 



