116 COUNTER-CASE OF GREAT BRITAIN. 



The Commissioners then again refer for proof to the trade 

 differences made in classing- and selling the skins. 



It will be noticed that in this case, as in that of Professor 

 Allen, no personal knowledge is claimed, and it is indeed 

 known that the United States Commissioners never visited 

 the Commander Islands. Neither are any authorities 

 quoted, with the exception of the general allusion above 

 made to the furriers' classification of skins. The whole 

 statement is, in fact, a mere assertion, which it is endeav- 

 oured to support by reference chiefly to a "well-known 

 law" of mitural history. 



CHARACTER OF A "LAW" OF NATURAL HISTORY. 



The "laws" of natural history in reality embody merely 

 the purport of the majority of the facts observed. Further 

 observations may result in the essential modification of 

 such laws, which, while it is admissible to refer to them by 

 way of analogy, cannot be employed as destructive of 

 observations of fact. The existence of some recognized 

 difference between the seals frequenting the two sides of 

 the North Pacific might be such as to justify a reference to 

 Absenceofspe- the hxw here spoken of by way of explanation. But it 

 ciac difference may be poiutcd out that there is here no difference of a 



shows inteniiiu- • ,> i • i • • i 



giing. specinc kind requiring explanation, nor even any proven 



constant varietal differences; and that the very absence of 

 such specific difference, in accordance with the law invoked, 

 goes far in itself to i)rove tliat intermingling and inter- 

 breeding has been at least sufficiently constant to prevent 

 any such specific diversity from arising. In other words, 

 the natural consequences resulting from separation are not 

 observed. 



CHARACTER OF LOCAL DIFFERENCES FOUND IN ALL 



ANIMALS. 



"Island Life," The local differences in animals of the same kind occur 

 waiiac.s 1890, p. ^^ conscqueuce of diversity in climate, food, and the envi- 

 " Animal Color- ronmeiit generally, is well known; and this has already 

 i892"i)p.^M2!48'. been shown to be the case in the matter particularly of the 

 skins of certain fur-bearing animals. Such changes, more- 

 over, often result in a short time, even in the life time of 

 an individual or during a single change of coat; but that 

 in ordinary cases they can be depended on as a means 

 134 of distinguishing animals belonging to localities 

 which are not only separated by no impassable bar- 

 riers, but are situated within an area of which all parts are 

 equally favcmrable to its existence, is entirely denied. 



The highly technical character of the arguments used by 

 the princii)al authorities quoted in support of the conten- 

 tion of the United States as to the rigid separation of the 

 seals frequenting the Pribyloft' and Commander Islands 

 respectively into two "herds," Avould necessitate, for their 

 discussion in detail, a reference to so many authorities, and 

 to so large a body of literature, as to render such discus- 

 sion quite inai)propriate in this Counter-Case. They 



