OHAL ARGUMENT OF HON. EDWARD J. PHELPS. 279 



Captain Bryant's testimony cited on both sides is quoted by the Brit- 

 ish Commissioners, at Sections 718 and 719. They say in Section 718. 



Referring particularly to his experience in 18()9, Captain Bryant writes: "At tlio 

 close of this period the great body of yearling seals arrive. Tiiese, mixing with the 

 yonnger class of males, spread over the nplands and greatly increase the ])roporti(in 

 of prime skins, bnt also greatly increase the ditHcnlty of killing projierly. Up to 

 this time, there having been no females with the seals driven np for killing, it was 

 only necessary to distiugnish ages ; this the dilTerence in size enables them to do very 

 easily. Now, however, nearly one-half are females, and the slight ditfereuce between 

 these and the yoimger males renders it necessary for the head man to see every seal 

 killed, and only a strong interest in the preservation of the stock can insnre the 

 proper care. 



The meaning of these remarks and their bearing on the possibility of restricting 

 the killing on the islands to males, becomes clear when it is remembered that the 

 external genital organs of the male do not become distinctly obvions till about the 

 third year of its age, \> and particularly so when it is remembered that even as long 

 agoa8"l872-74 the "major portion of the catch" consisted of two- and three-year-old 

 seals, II while at other times even yearlings have been "killed. 



This hist hingiiage is the hmgnage of the Commissioners. The first, 

 was their quotation from Captain Bryant. 



Mr. Gofit" says (this is quoted in the British Counter Case p. 2G5). 



Now, in o])ening the season, it is customary to secure all the 2-year-olds and 

 upwards possible before the yearlings begin to till up the hauling-grounds aud mix 

 with the killable seals. 



And, again, he says, as they quote him. 



And we closed the season by turning away 86 per cent, a fact that proves to every 

 impartial mind that we were redriving the yearlings. 



I will refer to another piece of evidence because this can be made 

 perfectly clear. An examination of a Table, (one published at pages 

 255 and 25(1 of Volume II of the Ap]iendix to British Counter case), 

 shows that during the whole term of tlie lease of the Alaska Commer- 

 cial Company, more than half the catches consisted of "Middling 

 pups", and under. A "JMiddling pup" is two years old. There is also 

 the evidence of IVlr. Mclntyre and Mr. Morgan and others. 



There is no evidence — there can be no evidence — to the contrary — 

 because it cannot be told in the sea, what a seal is, where it has come 

 from, or where it is going except from its being in the migration route, 

 how long he has been at sea, and whether he is going back again; and 

 the evidence of all these persons whose particular knowledge of seals, 

 and whose character for truth are beyond question, shows that the 

 yearlings and the two year-olds, male and female, do come back every 

 year in very large numbers. If they do, what possible warrant is there 

 for the suggestion that there is some unknown fragment of them that 

 remain out at sea; especially in view of the necessity of their getting 

 on shore for the annual shedding of their fur. 



I am reminded, while I remarked that Mr. Elliott had given us two 

 erroneous translations, that I have only produced one; and, while it is 

 not of great consequence, yet having referred to it, I should like to 

 produce the other. 



The British Commissioners Eeport, Section 420, quotes from Elliott's 

 United States Census Keport at page 141, and no doubt they quote 

 him correctly. They say : 



429. On this point, speaking of an early date in the history of the islands, Veni- 

 aminof writes; "This opinion is founded on the fact that never (except in one year, 

 1832) have an excessive number of females been seen without young; that cows not 

 pregnant scarcely ever come to the Pribilof Islands; that such females cannot be 

 seen every year." 



Mr. Justice Harlan. — That is not Elliott's. 



