ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 321 



selected by Her Majesty's Government for these important functions — 

 assumed from the beginning that there was a rivalry between the Cana- 

 dian sealers on the one side and the United States on the other; and 

 that it was their patriotic duty to support pelagic sealing whatever 

 might be the result to the seals. My friend, Mr. Carter, has already 

 alluded to this, and spoken upon it, and, in answer to a question from 

 the learned President, has stated that he attached no importance what- 

 ever to statements in the report. 



In another sense, I attach a great deal of importance to the state- 

 ments in the report, that is whenever they may be construed as admis- 

 sions. I say it now, and I say it frankly, I consider these gentlemen as 

 hostile witnesses ; I am at liberty to dispute their statements whenever 

 they are against the side which I am advocating — of course not state- 

 ments of what they have seen themselves, for I accept their assurances 

 without hesitation ; but, whatever they testify against us I have a right 

 to dispute; and whenever they testify in our favor I claim the right to 

 accept their declaration as an admission, and when I am able to pro- 

 duce an admission from the British Commissioners that squarely, Hatly, 

 emphatically covers a certain point, I shall consider my function fulfilled 

 as to the point covered, and shall assume that my friends on the other 

 side are satisfied that this kind of evidence is conclusive. This theory 

 derives an additional force from the fact that the Eeport is a part of 

 the British Case. These gentlemen have received the very high honor 

 (and their zeal, if nothing else, entitled them to it), of having their 

 report incorporated into their country's Case, and treated as part of it. 



The President. — I believe, Mr. Coudert, they owe that honor more 

 to the American side, than to the English side. 



Mr. Coudert. — Well, we are always over generous with our adver- 

 saries, and there is nothing that we could do in that direction that would 

 surprise me. But if it was extended to them by the American side as 

 a useful contribution to the literature of seal life, seal habits, seal 

 prospects, and seal necessities, I confess my inability to understand why 

 it was done. 



The British Commissioners say on page 53, section 298, as to the pup's 

 swimming: 



It has already been noted that evidence such as to show that the young can swim 

 for a time at or immediately after birth, has been obtained from a number of sources, 

 though it is, at the same time, improbable that under any circumstances the young 

 is at first fitted to maintain its existence for any length of time in the open sea. 

 This is, however, not a matter of any great importance, for it is evidently the nor- 

 mal method for the young to remain for some weeks ashore before venturing even 

 to enter the sea. 



The comment upon this statement of fact I do not accept as part of 

 my argument. I take the fact — the admission — that the pujxs cannot 

 swim or support life in the open sea for any length of time immediately 

 following their birth. 



I also read (this is taken from the Appendix to the British Case, vol- 

 ume 3 of the ]»apers presented to the British Parliament), the testimony 

 of a Mr. Laing who had been pursuing this business. It requires two 

 citations. It is volume 3 of the Appendix to the British Case U. S. of 

 1892. There is this question on page 184: 



Among all yearling grey pups there has never been anyone known to have found a 

 femaiof (A) Yes, it is a fact. I have heard a great deal of talk of females having 

 young on the kelp, too, but I do not think tliat is so. Some hunters report seeing 

 pups oft" Middleton Island, but I think that is impossible. (Q) Have you ever seen 

 them cut a pup out of a female seal? (A) Yes, and I have seen the pup so cut out 

 walk or move about the deck of the vessel, and I have tried to raise it. I have also 



B S, PT XII- 21 



