602 ORAL ARGUMENT OF CHRISTOPHER ROBINSON, Q. C. 



the world — wbicli she hart a right to obtain from it; and supposing she 

 were to say to the United States, " We desire to remove you ; you have 

 been unfaithful to your trust; we propose to take possession of the 

 Pribilof Islands, and put in a trustee who will manage them better": 

 could any body doubfc for a moment how the proposal would be received ! 

 Do you think there would be any arbitration about that? Do you think 

 there would be met in any way but at the cannon's mouth, in an attempt 

 to compel the performance of that trust; and is it really possible seri- 

 ously to discuss this question, — how can the existence of a trust in this 

 case be made to conform to any known system of law or to any ordinary 

 rules of common sense? 



There are other propositions connected with this matter, which it will 

 not take any great length of time to discuss, but which, as it is now 4 

 o'clock, had perhaps better be postponed until tomorrow. 



Mr. Carter. — Mr. President, before the Tribunal separates I will 

 give the reference which Lord Hannen, I think, asked for, as to the 

 statutes conferring jurisdiction upon the United States Court of 

 Alaska: 



The act providing Civil Government for Alaska, which is contained in volume I, 

 page 481, of the Supplement of the United States Revised Statutes is a special act, 

 and section 3 is as lollows: 



Sec. 3. That there shall he, and herehy is, established, a district court for said 

 district, with the civil and criminal jurisdiction of district courts of the United 

 States, and the civil and criminal jurisdiction of district courts of tlie United States 

 exercising the jurisdiction of circuit courts, and such other jurisdiction, not incon- 

 sistent with the act, as may he established by law. 



It will be perceived that it refers to the jurisdiction of the district 

 courts as the measure of the jurisdiction which it possesses. 

 Then the United States Revised Statutes, section 563, is as follows: 



The district court shall have jurisdiction as follows: 



Quite a number of cases are mentioned, among which is. 



Eighth. Of all civil causes of admiralty and maritime jurisdiction; saving to 

 suitors in all cases the right of a common-law remedy, where the common law is 

 competent to give it ; and of all seizures on land and on waters not within admiralty 

 and maritime jurisdiction. And such jurisdiction shall be exclusive, except in the 

 particular cases whei"e jurisdiction of such causes and seizures is given to the circuit 

 courts. (And shall have original and exclusive cognizance of all prizes brought 

 into the United States, except as provided in paragraph six of section six hundred 

 and twenty-nine.) 



I should say that that paragraph refers to cases where prizes are 

 made in consequence of any insurrection in the United States — a recent 

 amendment, not particularly^ applicable. 



Sir iiiCHARD Webster, — Would Mr. Carter kindly let us have the 

 book, in order that we may look at it. I mean to say I should like to 

 follow it out. It seems to me as though that was giving what we should 

 call jurisdiction in rem and jurisdiction in personam, and that it was 

 not made a prize court in the sense in which we have been using the 

 expression. 



Mr. Carter. — The paper is here. Sir Richard. 



Sir Richard Webster. — It had better appear upon the note. It 

 will go upon the note, and I will see it. 



The President. — The Tribunal will meet tomorrow at 11 o'clock for 

 private consultation; and at the issue of the private consultation the 

 public hearing will begin. 



[The Tribunal accordingly adjourned until Thursday, June 8, 1893, 

 at 11 o'clock A. M.] 



