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



my argnnient at nil — I was pointing out tliat this would be construed 

 to mean one which only ai)i)lied to foreigners within the territorial limits 

 of the legislative enacting- Power. That was my point. But I was 

 pointing Out too the uncertiunty that, on the face of the Statutes, 

 seemed to ])revail even as against their own nationals in the use of the 

 vague words, " and waters of the territory ceded ". That is all I desire 

 to say. 



Now the next section, section 1955, was passed also in 1868, and it 

 may be convenient to note the date on the margin of that section. It is 

 a section which is in the n-ature of a revenue section. It says: 



The Presideut shall have the power to restrict and re,G:nlate or to prohibit the use 

 of lire-arms, annnunitiouand distilled spirits into and within the Territory of Alaska; 

 the exportation of the same from any port or place in the United States when 

 destined to any port or place in that Territory, and all such arms, ammunition and 

 distilled spirits exported or attempted to be exported from any port or place in the 

 United States, and destined for such Territory, in violation of any regulations that 

 may be prescribed under this section, and all such arms, ammunition and distilled 

 spirits landed or attempted to be landed or used at any port or place in the Territory, 

 in violation of such regulations, shall be forfeited; and if the value of the same 

 exceeds 400 dollars. — 



certain consequences are to follow. Then it goes on: 



And any person wilfnlly violating such regulations shall be iined not more than 

 500 dollars or imprisoned not more than six months. Bonds may be required for a 

 faithful observance of such regulations from the master or owners of any vessel 

 departing from any port in the United States having on board tire-arms, ammunition 

 or distilled spirits, when such vessel is destined to any place in the Territory or if 

 not so destined, when there is reasonable ground of suspicion that such articles are 

 intended to be landed there in violation ot law. 



And so forth. 



It is a convenient opportunity to observe (without discussing it at 

 length, which I must do a little later on) that this is a revenue enact- 

 ment — an enactment for the protection of the revenue, and the reve- 

 nue laws are all aimed at the jirevention of oft'euces the completion 

 or consunnuation of which involves an offence on land; it is the 

 810 bringing tilings into the territory against the laws of the terri- 

 tory; and for the enforcement of those laws a certain margin 

 outside the three-mile limit, under the principle of what is known as 

 the "hovering Acts", is, by the common consent of a good many 

 nations — I think it would be a little doubtful to aflirm it as a principle 

 of international law at this r.ioment, for I think it has not reached that 

 stage — it is simply that a number of nations have agreed to pass laws 

 of that kind for themselves; and where they find their nationals in the 

 case of other Powers attempting to violate those laws, they have 

 ac(piiesced in their being treated as offenders against tlie law, and have 

 not intervened to i)rotect them when they believed they were intention- 

 ally endeavouring to violate the laws which they had passed. 



Senator Morgan. — Probably it may become international law by 

 long acquiescence. 



Sir Charles Kussell. — Probably its growth may be in that stage of 

 gradual development to which I referred in some intro- 

 ection i9oo. ji^^-tory observations which I made a few days ago. 



Now section 1950 was also passed in the year 1808. It is these terms: 



No person shall kill any otter, mink, marten, sable or fur-seal or other fur-bearing 

 animal within tlie limits of Alaska territory or within the waters thereof; 



There still is the vagueness to which I have referred. 



And every person guilty thereof shall, for each offence, be fined not less than 200 

 iiollars.uor more than X,000 dollars, or imprisonment not more tUau six months, or 



