618 ORAL ARGUMENT OF CHRISTOPHER ROBINSON, Q. C. 



done in furtlierance of any conspiracy mentioned in section nineteen hundred and 

 eighty five, Title, "civil rights". 



Twelfth. Of all suits at law or in equity authorized by law to be brought by any 

 person to redress the deprivation, under color of any law, ordinance, regulation, 

 custom, or usage of any state, of any right, privilege, or immunity secured by the 

 constitution of the United States, or of anj' rights secured by the law of the United 

 States to persons within the jurisdiction thereof. 



Thirteenth. Of all suits to recover possession of any ofBce, except that of elec- 

 tor of President, or Vice-President, Representative or Delegate in Congress, or 

 member of a State legislature, authorized by law to be brought, wherein it appears 

 that the sole question touching the title to such office arises out of the denial of 

 the right to vote to any citizen offering to vote, on account of race, color, or pre- 

 vious condition of servitude: Provided, That such jurisdiction shall extend only so 

 far as to determine the rights of the parties to such office by reason of the denial 

 of the right guaranteed by the Constitution of the United States, and secured by 

 any law, to enforce the right of citizens of the United States to vote in all the 

 States. 



Fourteenth. Of all proceedings by the writ of quo warranto, prosecuted by any 

 district attorney, for the removal from office of any person holding office, except as 

 a member of Congress, or of a State legislature, contrary to the provisions of the 

 third section of the fourteenth article of amendment of the Constitution of the 

 United States. 



Fifteenth. Of all suits by or against any association established under any law 

 providingfor national banking associations within the district for which the court is 

 held. 



Sixteenth. Of all suits brought by any alien for a tort "only " in violation of the 

 law of nations, or of a treaty of the United States. 



Seventeenth. Of all suits against consuls or vice-consuls, except for offences above 

 the description afore said. 



Eighteenth. The district courts are constituted courts of bankruptcy, and shall 

 have in their respective districts original jurisdiction in all matters and procedings 

 in bankruptcy. 



Therefore I point out tliat the Court has a variety of jurisdictions, 

 and particularly the one under which these proceedings were taken, 

 namely for penalties and forfeitures incurred under any law of the 

 United States. 



Then, Mr. President, by Sections 3059, 3067, 3084, and 3088, proceed- 

 ings can be taken for a violation of those laws set out in the United 

 States appendix by a Custom House or Eevenue Officer who is entitled 

 to institute, under this Statute, to take the very proceedings which 

 were instituted in the Court of Alaska for penalties for breaches of 

 those Statutes. Of course I am not going to repeat my argument — I 

 only desire that the Tribunal should be in full possession of the fact 

 that the Court had jurisdiction to act and did act under these Sections 

 to which I have referred; and I think the idea that it was acting as a 

 Prize Court will not be found to be well founded. I am aware that my 

 friends do not contend for it, but I thought it right to mention it. 



Section 3059, of chapter 10 Title XXXIV, collection of Duties, is as 

 follows : 



It shall be lawful for any officer of the customs, including inspectors and occa- 

 sional inspectors, or of a revenue-cutter, or authorised agent of the Treasury Depart- 

 ment, or other persons specially appointed for the purpose in writing by a collei tor, 

 naval officer, or surveyor, to go on board of any vessel, as well without as within 

 his district, and to inspect, search, and examine the same, and auy person, trunk, 

 or envelope, on board, and to this end to hail and stop such vessel if under way, 

 and to use all necessary force to compel compliance, and if it shall appear that auy 

 breach or violation of the laws of the United States has been committed, whereby, 

 or in consequence of which such vessel, or the merchandize, or any part thereof, 

 on board of or imported by such vessel, is liable to forfeiture, to make seizure of the 

 same, or either or any part thereof, and to arrest, or in case of escape, or any attempt 

 to escape, to pursue and arrest any person engaged in such breach or violation. 



Section 3067: It shall be lawful for all collectors, naval officers, surveyors, inspect- 

 ors, and the officers of the revenue-cutters, to go on board of vessels in any port of 

 the United States, or within four leagues of the coast thereof, if bound to the United 

 States, whether in or out of their respective districts, for the purposes of demanding 

 the manifests, and of examining and searching the vessels; and those officers respec- 

 tively shall have full access to the cabin, and every other part of a vessel. 



