ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 387 



1184 The case of "La Jeune Eugenie" is in the same category, and 

 I do not think I ought to trouble the Tribunal with reading it. 



I pass on to the case of Buron v. Denman which was decided in 1818. 



The law on tlie subject of slaves lias been settled — 



(says Baron Parke in summing up.) 



by the case of " Le Louis," which has been referred to. That case was decided in 

 the year 1817, by Sir William Scott, who went I'ully iuto the question of the legality 

 of the Slave Trade, and laid down certain positions which have since been ac(iuiesced 

 in both in this country and abroad. Those positions are, first, that dealers in slaves 

 are not pirates by the law of nations, and can only be made so by and according to 

 the terms of a Treaty with the country to which tliey belong prohibiting the Slave 

 Trade ; secondly, that trading in slaves is not a crime by the law of nations ; thirdly, 

 that the right of stopping and searching ships in time of peace is not a right which 

 can belong to any nation except by contract with the nation to which such ships 

 belong; and, fourthly, that if there be a law in a particular country prohibiting 

 the Slave Trade, it is not open to every one to punish the offender against that law, 

 but proceedings must be taken in the Tribunals of his own country. 



I have already read the Parliamentary discussion on the right of 

 search, and I do not trouble you with it again. I have also read the 

 passage from Dana's Wheaton. 



In conclusion I read a passage from Phillimore dealing with this 

 question of self-preservation. He says : 



The right of self-preservation by that defence which prevents, as well as that 

 which rejiels, attack is the next international right which presents itself for discus- 

 sion, and which, it will be seen, may under certain circumstances, and to a certain 

 extent modify the right of territorial inviolability. 



The right of self-preservation is the first law of nations, as it is of individuals. 

 A society which is not in a condition to repel aggression from without is wanting in 

 its principal duty to the members of which it is composed, and to the chief end of 

 its institution. 



All means which do not affect the independence of other nations are lawful for 

 this end. No nation has a right to prescribe to another what these means shall be, 

 or to require any account of her conduct in this respect. 



The means by which a nation usually provides for her safety are: 



1. By alliances with other States; 



2. By maintaining a military and naval force; and 



3. By erecting fortifications and taking measures of the like kind within her own 

 dominions. 



I do not think there is any more that I need read, except on the top 

 of the next page, paragraph CCIV. 



We have hitherto considered what measures a nation is entitled to take for the 

 preservation of her safety wilhin her own dominions. It may happen that the same 

 right may warrant her in extending precautionary measures without these limits and 

 even in transgressing the borders of her neighbour's territory. For international 

 law considers the right of self-preservation as prior and paramount to that of terri- 

 torial inviolability, and, where they conflict, justifies the maintenance of the former 

 at the expense of the latter right. 



He then proceeds to consider the cases which have already 



1185 been incidentally referred to: the case of ship "Carolne", which 

 was sent adrift in the river between lake Erie and lake Outiirio. 



It is not necessary for me to refer to that again. 



Now there is one other set of authorities to which I should like to 

 refer, and they are important because they show the position assumed 

 by the United States upon this question, and continuously assumed by 

 the United States as shown in the authoritative utterances of the 

 executive head of the Government. I have a series of these utterances 

 arranged in chronological order from the year 1843 down as late as 

 1880 or later. 



Senator Morgan. — Do you mean the Secretary of State? 



