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



of counsel, and in the oral argument of counsel. Let me ask your atten- 

 tion to the matter. The whole of this Case on the part of the United 

 States up to page 81 is conversant with what may be called their 

 claim of title, and that claim of title is based wholly upon the rights 

 exercised by Russia as they allege, recognized and conceded by Great 

 Britain as they allege; and to which rights, so recognized and con- 

 ceded, they in 1867 succeeded by the treaty of that year. It is only 

 at page 85 — 1 pray your attention to this, for it is important — that we 

 find any reference to the claim which now takes so prominent a part in 

 the discussion of the question. After having elaborated the Eussian 

 part of their Case, on page 85 is a paragraph which begins thus: 



But in determiniug what right of protection or property tliis Government has in 

 the far-se;ils frequenting the islands of the United States in Behring Sea when such 

 seals are found outside of the ordinary three-mile limit, it is not compelled, neither 

 does it intend, to rest its case altoiiether upon the jurisdiction over Behring Sea 

 established or exercised by Russia prior and up to the time of the cession of Alaska. 

 It asserts that, quite independently of this .iurisdictiou, it has a right of protection 

 and property in the fur-seals frequeutiug the Probilof Islands when foiind outside 

 the ordinary three-mile limit. 



And here is the whole argument in support of that right, that novel 

 riglit, as 1 think it is admitted to be: 



And it bases this right upon the established principles of the common and the 

 civil law, upon the practice of nations, upon the laws of natural history, and upon 

 the common interests of mankind. 



1 have here read every word of the argument in this Case of the 

 United States in support of this claim of protection and property, 

 which is now the great portion of their argument. 

 Mr. Foster. — The next paragrajih will throw a little light upon it. 

 Sir Charles Russell. — Oh, of course they go on to justify 

 857 that by the details of seal iife; 1 am perfectly aware of that. I 

 am talking of argument, Mr. Foster. That interruption is need- 

 less. 1 read the next paragraph: 



In order that this claim of right of protection and property may be clearly pre- 

 sented, it will be necessary to enter in some detail upon an examination of fur-seal 

 life at the Pribilof Islands and elsewhere, and of the various interests associated 

 with it. 



1 am dealing with the argument, and not with the statement of facts. 

 1 have said from the beginning, and 1 shall not recede from it, that so 

 far as the decision of the question of property in these animals, free 

 swimming animals in the sea, breeding upon those islands, and spend- 

 ing a considerable part of their life there, is concerned, it depends in 

 our view upon facts that are not in dispute at all. 1 am dealing with 

 their argument, and here it is. They base this claim "upon the prin- 

 ciples of common and civil law, upon the practice of nations, upon the 

 laws of natural history, and upon the common interests of mankind." 



The forged trans- ^^t it docs uot rcst there. According to the informa- 

 lationsof theKus- tiou which they then had, and which they believed was 

 ocumeu a. j-giir^^ig information, they had got a most valuable body 

 of testimony for the purpose of establishing that Russia had made these 

 claims, and that the concession of these claims had been recognized by 

 Great Britain ; that Russia had asserted these and had acted upon the 

 assertion without contradiction by Great Britain; and to show that 

 that is so 1 am led to call attention to the performance of that very 

 astute, but unscrupulous artist, Mr. Ivan Petroff. Will the Court 

 favor me by turniug to page 41 of the United States Case? I do not 

 know whether that has been done for you which 1 have had done for 



