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



The United States Treaty of 1824 886 



The Barou de Tnvll iiifideut 891,917 



The British Treaty of 1825 898 



The British protest to the Ukase of 1821 898 



V._24TH DAY; MAY 17™. 



Consideration of Treaty of 1825 917 



Position assumed by the United States in the case of the "Loiiot" 919 



Xatiirt' of the exclnsive riglit in the Seal Fisheries exercised by Russia.. . 928 



The Fifth Question 935 



The question raised by Question 5 is one of exclusive jurisdiction in Beh- 



riug Sea 936 



Exclusive jurisdiction in a defined area cannot exist apart from territorial 



dominion 951 



VI.— 25™ DAY; MAY 23^^. 



Assertion of property in the "herd" examined 956 



Sealing by the Indians 959 



Examination of the nature and habits of the Fur-seal 962 



Animus revertendi 968, 1001 



The case of little " Jimmy" 972 



The question of the intermingling of the "herds" 975 



Examination of the Furriers' evidenre 978 



The alleged lameness of the Seal considered 989 



Mr. Carter's two propositions as to property in wild nnimals considered.. 994 

 Wastefulness of pelagic sealing irrelevant to decision of the question of 



property 996 



VII.— 26TI1 DAY; MAY 24th, 



Appointment of Mr. Elliott by Congress 1000, 1064 



Examination of assertion that there is only a right to the usufruct of 



])roperty - 1005 



Examination of Authorities 1009 



Cases cited by the United States. 



The case of the Swans 1012,1017 



Child v. GrecnUn 1012 



Keeble v. Hickeringill 1013, 1056 



Amory v. Flyn 1014 



GoffY. Kilts 1015,1024 



Blade v. Higgss 1016 



Morgan v. Earl of Ahergavenny 1019, 1067 



Davies v. Powell 1021 



Hannam v. Mocket 1023 



Additional Authorities cited by Great Britain 1026 



Gilletv. Mason 1028 



Boulston's Case 1028 



Ibbotsonv. Peak 1029 



French Law as to wild animals 1030 



The Appeal to International Law 1037 



VIII.— 27TH DAY; MAY 25™. 



Royal property in Swans and Fish 1043 



Examination of Mr. Phelps' Argument 1045 



Judgment in the "Say ward" case 1047 



Position of Malice in the enquiry examined 1055 



Mr. Phelps' dynamite illustration considered 10.58 



The rights in an " industry examined " 1062 



Copy and Patent rights 1068 



Examination of the argument as to the right of protection 1072 



The case of the " Trent " 1074 



The "Hovering" Acts.. 1076,1078 



Church V. Hubbart 1076 



Pursuit of vessels out of territorial waters 1079 



The true limit of self-defence in time of peace 1081 



Examination of examples of acts of self-defence cited by the United States 1082 



Amelia Island 1082 



The "Caroline" '. 1085,1089 



