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



these gentlemen, are true, there cannot be any such distinction of 

 family as they alh'oe, and the more they assert a distinctive character 

 for the Alaskan fur-seal skin, the more they assert that the Alaskan 

 fur-seal skin is superior in character, by reason of the density of its fur, 

 the stronger becomes the evidence of interminjiiinf^- and interbi-eeding. 

 If you find this large percentage of an entirely different set of skins mixed 

 with the Alaskan, if you find a large class in this consignment where 

 the qualities of the Copper and Alaskan approach one another, that is 

 the strongest evidence that could be given not merely of intermingling 

 but of interbreeding of these different branches of this species of the 

 fur-seal. 



There are one or two other points in that connection which I think it 

 well also to notice; namely, that upon examination it will not be found 

 that the theory presented of an annual migration north of what I may 

 call, for brevity's sake, the Alaskan seal family, — north to the Pribilof 

 Islands, — and a, migration south of the same family, so that the south- 

 ern resort of this fur-seal family would be vacant during the breeding 

 season when the main portion of the family were on the Pribik)f Islands, 

 will not be found to be well established; and for that purpose I will 

 refer the Tribunal to one or two points, not at any length, for I 

 981 am very anxious to get over the ground, to show that at all 

 times of the year there are to be found (and my evidence will be 

 principally directed to the months of June, July, August and Septem- 

 ber Avhen the breeding season is all over) seals south of the Aleutians, 

 and north of the Aleutians as well. 



The first reference I shall make is to the Eeport of the British Com- 

 missioners at page 175, where there is set o*ut a very interesting letter 

 from a gentleman named Swan, who seems to have taken a great deal 

 of interest in seals. He is a gentleman who lives at Port Townsend in 

 Washington territory and is a United States judge in that neighbour- 

 hood. 



Mr. Phelps. — No. 



Mr. Justice Harlan. — He is not a United States Judge I think : if 

 that be imi^ortant. 



Sir Charles Russell. — If I have done him an injustice I am sorry. 



Mr. Justice Harlan. — He may be a Judge in Canada. 



Mr. TUPPER. — ]^o he is not. 



Sir Charles Kussell. — Probably, Mr. President, when each of 

 these great countries disclaim him, the United States on the one hand 

 and Canada on the other, the explanation is to be found in the fact that 

 he is a collector of customs. 



Mr. Phelps. — Xo, he is the owner of a sealing schooner. 



Mr. Justice Harlan. — At any rate he is called a Judge. 



Sir Charles Russell. — Yes. In my own justification I was going 

 to say that I called him Judge because I found him called Judge. 

 Perhaps it is because of his superior wisdom he has been so called by 

 his friends and admirers. Let us assume that that is the understanding. 



Sir John Thompson. — We may start with the understanding that 

 Port Townsend is not in Canada. 



Sir Charles Russell — Yes, and that information is necessary for 

 my learned friend Mr. Phelps, because he inquired the other day. 



Mr. Phelps. — Yes, I have since found out. 



Sir Charles Russell. — And 1 trust that the information we gave 

 has been found accurate. 



On the top of page 175 there is a good deal of abuse of the Lessees 



