140 ARGUMENT OF THE UNITED STATES. 



The evidence adduced on the part of the United States in support of 

 the foregoing propositions of fact, and that relied upon to the contrary, 

 so far as we have liad an opportunity to set' it, is fully discussed in a 

 later branch ot the argument {infra, pp. 228-313). 



The ground upon which the destruction of the seal is sought to be 

 justified, is that the open sea is free; and that since this slaughter takes 

 place there, it is done in the exercise of an indefeasible right in the 

 individuals engaged in it; that the nation injured can not defend itself 

 on the sea, and therefore upon the circumstances of this case can not 

 defend itself at all, let the consequences be what they may. 



The United States Government denies this proposition. While con- 

 ceding and interested to maintain the general rule of the freedom of 

 the sea, as established by modern usage and consensus of opinion, it 

 asserts that the sea is free only for innocent and inoffensive use, not 

 injurious to the just interests of any nation which borders upon it; 

 that to the invasion of such interests, for the purposes of private gain, 

 it is not free; that the right of self-defense on the part of a nation is 

 a perfect and paramount right, to which all others are subordinate, 

 and which upon no admitted theory of international law has ever been 

 surrendered; that it extends to all the material interests of a nation 

 important to be defended; that in the time, the place, the manner, and 

 the extent of its execution, it is limited only by the actual necessity of 

 the particular case; that it may, therefore, be exercised upon the high 

 sea, as well as upon the land, and even upon the territory of other and 

 friendly nations, provided only that the necessity for it plainly ap- 

 pears; and that wherever an important and just national interest of 

 any description is put in peril for the sake of individual profit by an 

 act upon the high sea, even though such act would be otherwise justi- 

 fiable, the right of the individual must give way, and the nation will 

 be entitled to protect itself against the injury, by whatever force may 

 bo reasonably necessary, according to the usages established in anal- 

 agous cases. 



It is believed that these general principles will be found to underlie 

 the whole theory and system of the law of the sea, so far as it has been 

 formulated by the consent and usage of mankind; that they are the 

 foundation of many maritime rights, long recognized and established; 

 that they have received the sanction of courts of justice whenever they 

 have been brought under judicial consideration, and of all writers upon 

 the subject whose views are entitled to weight; that they are supported 



