ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 215 



to the island until tlie sexual instinct proinpis her return theie at two 

 or three years of age, and that she does not return in any permanent 

 sense to the island at all until she conies to deliver her first pup. 



Those are ])oints as to which I shall have to trouble the Tri- 



977 buiial with reading some passages in the evidence. I think they 

 have some bearing upon this question of property. 



The Tribunal here adjourned for a short time. 



The President. — Sir Charles, we are ready to hear you. 



Sir Charles Eussell. — I am now about to refer, Mr. President, to 

 the evidence of the intermingling, which, as I have said, is not an 

 admitted fact. I have pointed out the reasons why I conceive it to be 

 probable and natural. I will now call attention to the evidence which 

 proves it; and in calling attention to that evidence it will be found to 

 answer the question addresse<l to me by Senator Morgan. 



The Presiden'J\ — We should like. Sir Charles, for one moment, to refer 

 to the English maps which give the course followed by the seals in ^gen- 

 eral. We have the map in the Peport of the British Commissioners, 

 which illustrates the resorts and the migration routes of the fur-seals 

 in the ISTorth Pacific generally; and we shall be able to follow you. 



Sir Charles Pussi^ll. — I do not intend. Sir, to refer to the map, nor 

 would it aid the Tribunal, in following ray argument, to have it before 

 them; I was upon the independent testimony as to the fact of inter- 

 jningling. 



The President. — Is there any contradiction between these maps and 

 the others"? 



Sir Charles Russell. — 1 do not think there is any contradiction. 

 The further Peport of the Commissioners, in view of the further infor- 

 mation that they have obtained, undoubtedly points to the fact that 

 although there may be said to be two clearly marked main routes of 

 migration south, yet that it would be incorrect to assume that the whole 

 body of the seals are gathered into one or other of these routes — that 

 there are still a considerable body or seals attached to neither route, 

 but scattered over the whole sea from land to land. The point I was 

 upon was the evidence that goes to show intermingling; and the same 

 evidence will answer the question addressed to me by Senator Morgan 

 as to whether or not it was possible to predicate, as to particnlar skins, 

 whether they were Alaskan, or Co})per, or Commander skins; and the 

 answer will be found to be, that in some cases — in a great many cases — 

 there are skins which they say are Alaskan without doubt; a great many 

 which they say are Copper without a doubt; but there a great many 

 also which they say are undistinguishable from either, and partake of 

 the qualities and characteristics of both. That is the tendency of the 

 evidence. It begins at page 230 of the second volume of the Appendix 

 to the British Counter-Case; and it is the evidence of the same persons, 

 or a great many of the samei)ersons, whose evidence has been utilized 

 by the United States for other purposes. I will only read what is abso- 

 'lutely necessary, and I will commence with the Otli j^aragraph of the 

 affidavit of Mr. Poland, in which he says: 



lu inspecting the sliipuients made throiifrh Messrs. Lanipsou from the Pribilof 



Islands, I have from time to time noticed the i)resence amon<;st them of skins which 



Avere undistinguishable from Copper Island skins, and also in the same way 



978 I have noticed amonost Cox)per Island consignments skins which are evidently 

 of the Alaskan description. I have also noticed skins in both classes which in 



a lesser degree resemble the other class. 



I dwell on this particularly, because my learned friend Mr. Coudert 

 was, as I conceive, rash when he said — "It would be something if it 



