322 ARGUMENT OF THE UNITED STATES. 



nation upon these points. They offer no estimate; and if we recur to 

 the proofs contained in the depositions which are given, we are still 

 worse off. These vary from 5 to 80 per cent. Most of them, those 

 that place the amount at less than half, every one can see must be 

 false. For what purposes are such proofs presented 1 ? Is it expected 

 that they will be believed to be true? It will perhaps be suggested 

 that the truth may be found by taking an average of these inconsistent 

 statements. Such a course has been pursued on the part of the Gov- 

 ernment of Great Britain upon the point of how many seals are killed 

 or wounded that are never recovered; but the method of endeavoring 

 to obtain the truth by taking an average of lies seems to be open to 

 question. 



Upon this whole matter the counsel for the United States will content 

 themselves by offering the following summary of considerations: 



I. The assertion in the Case of the United States is, that the propor- 

 tion of females in the pelagic catch is at least 75 per cent. The rea- 

 sonableness of this is supported in multiform ways. 



(1) It is nowhere denied in the report of the Commissioners on 

 the part of Great Britain, nor even in the British Counter Case. 



(2) Upon any fair construction of the answer of one party to the 

 allegation of another, it must be taken as admitted. The admis- 

 sion is reluctantly made in the British Commissioners' Report and 

 in the British Counter Case also that a "considerable proportion" 

 of the pelagic catch consists of females. What does a u considera- 

 ble proportion " mean? Five per cent., or 10 per cent., or 20, or 50, 

 or 75, or 80? The language is sufficiently broad and indefinite to 

 cover either of the proportions named, and, as the assertion made 

 on the part of the United States is not denied, the admission iu 

 question must be taken to be an admission of the fact substantially 

 as asserted on the part of the United States. 



(3) The proofs adduced by the United States from persons en- 

 gaged in pelagic sealing or with definite knowledge of it, over- 

 whelmingly support the assertion. 



(4) The proofs contained in the British Counter Case also support 

 it. They are the statements of the pelagic sealers themselves, a 

 class of witnesses in the highest degree interested and not very 

 much to be depended upon. They must be taken most strongly 

 against the parties making them. And excluding those that are 

 manifestly false, we find enough remaining to fully support the con- 



