ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 375 



Senator Morgan. — I beg your pardon. They were not allowed to 

 api^roach within fifteen miles. 



Sir Charles Russell. — I rather thought the distance was more 

 than fifteen miles. 



Senator Morgan. — It may be more, but it is at least that. 



Lord Hannen. — I was only inviting you to give us the terms, which 

 are not in my recollection. 



Sir Charles Eussell. — I thought we had it in the United States 

 Case, but we have not. 



Senator Morgan. — It was 26 miles, was it not! 



Sir Charles Russell. — I have got a note from the Archivist of 

 the Dominion of Canada, Mr. Brymner, and there is no reason why I 

 should not read the whole of it. My friend will have no objection, 

 probably. 



Mr. Phelps. — You will find the Act, Sir Charles, on page 495 of the 

 first Volume of the United States Appendix. 



Sir Charles Russell. — There is only a part of the Act, I think, set 

 out there Mr. Phelps. 



Mr. Phelps. — All that touches this point. Section 4, is there. 



Sir Charles Russell. — Then I had better read it: 



IV. And l3e it further enacted. That it shall and may be lawful to and for the 

 Gov^ornor, or in his Absence the Deputy Governor of the said Island for the tiiuo 

 being, or for the Connnander for the time beiui;: of His Majesty's Naval or Military 

 Forces stationed off or at the said Island, respectively, and the I'ersons acting under 

 his or their Orders and Coumuiuds, respectively, by all necessary Ways and Means 

 to hinder and prevent any Ship, Vessel, or Boat, Ships or Vessels, or Boats (except 

 Ships and Vessels of and belonging to or chartered by the said United Company of 



Merchants, also duly licensed by the said Company for that Purpose, as hereiu- 

 1170 before mentioned), from repairing to, trading, or touching at the said Island, 



or having any Communication with the same; and to hinder and prevent any 

 Person or Persons liom landing upon the said Island from such Ships, Vessels or 

 Bouts, and to seize and detain all and every Person or Persons that shall land upon 

 the said Island from the same; and all such Ships, Vessels or Boats (except as above 

 excepted) as shall repair to, or trade, or touch at the said Island, or shall be found 

 hovering within Eight Leagues of the Coast thereof. 



Lord Hannen is quite right. 



And which shall or may belong, in the Whole or in Part, to any Subject or Sub- 

 jects of His Majesty, or to any Person or Persons owing Allegiance to His Majesty, 

 shall and are hereby declared to be forfeited to His Majesty, and shall and may be 

 seized and detained, and brought to Etu/land, and shall and may be prosecuted to 

 Condemnation by His Majesty's Attorney General, in any of His Majesty's Courts of 

 Record at Westminster, in such manner and form as any Ship, Vessel or Boat may 

 be seized, detained, or prosecuted for any Breach or Violation of the Navigation or 

 Revenue Laws of this Country; and the Offence for which such Ship, Vessel or Boat 

 shall be proceeded against shall and maybe laid and charged to have been done and 

 committed in the County of Middlesex; and if any Ship, Vessel or Boat not belong- 

 ing, in the Whole or in Part, to any Person or Persons the Subject or Subjects of or 

 owing Allegiance to His Majesty, his Heirs and Successors, shall repair to or trade 

 or touch at the said Island of Saint Helena, or shall be found hovering within Eight 

 Leagues of the Coast thereof, and shall not depart from the said Island or the Coast 

 thereof when and so soon as the Master or other Person having the Charge and 

 Command thereof shall be ordered so to do by the Governor or Lieutenant Governor 

 of the said Island for the time being, or by the Commander of His Majesty's NaA'al 

 or Military Force stationed at or off the said Island for the time being (unless in 

 case of unavoidable Necessity, or Distress of Weather), siich Ship or Vessel shall be 

 deemed Forfeited. 



Lord Hannen. — There is no restriction against sailing through the 

 "waters. It is only against hovering. 

 Sir Charles Russell. — IS"one at all. 



And shall and may be seized and detained and prosecuted in the same manner as 

 hereinbefore enacted as to Ships, Vessels or Boats of or belonging to any Subject or 

 Subjects of His Majesty. 



