ARGUMENTS ON PRELIMINARY MOTIONS. 61 



Sir Charles Kussell. — I mean both. It is jinticipating; but as the 

 member of tbe Tribuual bas ineutioiied that, I may perhaps avail myself 

 of the opportunity of pointing' out that the title to property can only have 

 its root of title in Municipal laio. 



Senator Morgan. — That is what I understand your Counter Case to 

 contend for. 



Sir Charles Russell. — Yes, it can only have its root of title in 

 Municipal law. It may be that if there is a dispute between the Munic- 

 ipal laM' of America and the Municipal law of Great Britain, Interua- 

 tion.al law may have a voice in saying which law — which Municipal law 

 is to rule. It may be that International law may have an important 

 voice in saying what are the sanctions which International law will rec- 

 ognize in relation to the rights of jtroperty within Municipal law. 



It may be also that International law, where the Municipal laws con- 

 flict, will decide between them. The law of America, as you all know, 

 finds its source and derives its strength and its history from the Com- 

 mon law of England. The Municipal law of each country is the same; 

 and the root of title to i)roperty must depend upon Municipal law; and, 

 where those Municipal laws agree, the function and part that Interna- 

 tional laws play in that controversy is indeed a very little one. How- 

 ever, that is aside from the question which I am here discussing. 



Mr. Justice Harlan. — Whether it depends on Municipal law or 

 International law, how far does the question of the right of property 

 depend upon the facts of seal life? 



Sir Charles Russell. — I have said that, in my judgment, so far as 

 the facts of seal life are material for the question of law as to property 

 in seals, they are not in dis])ute. 



Mr. Justice Harlan. — When we come to determine the question 

 whether the United States has any right or property in these seals or 

 in the herd, do we consider and ought we to take into consideration the 

 facts in seal-life'? 



Sir Charles Russell. — Certainly. So far as they are material, cer- 

 tainly. 



The President. — I think we had better leave that for the moment 

 and argue on the points now before us. 



Sir Charles Russell. — I should say so. I have been led away 

 from my argument. 



Mr. Justice Uarlan. — The question which I put to Sir Charles Rus- 

 sell was exactly in the line of the argnment that he was making. 



Sir Charles Russell. — Quite so. Sir. I hope nobody thinks that 

 I complain of any question or interruption. 



The President. — I think. Sir Charles Russell, you rather swerved 

 from the original plan of your argument. 



Sir Charles Russell. — Well, Sir " swerving," rather implies " shy- 

 ing" from it. 



The President. — l^o. 



Sir Charles Russell. — I have been a little induced to go out of 

 the line but I have not swerved from the proposition. 



The President. — I do not say that the fault was yours. 



Mr. Justice Harlan. — Sir Charles Russell was discussing the ques- 

 tion of the right of property, and upon what it rested. 



Sir Charles Russell. — Do not for a moment. Sir, suppose that I 

 complain. I do not. 



Mr. Justice Harlan. — And the question I propounded to him was in 

 the exact line of his argument and I did not intend at all to swerve 

 him from that hue of argument or to divert him. It is exactly in the 



