108 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



Mr. Carter. It is no more than a suit against a Britisli citizen. 



That is all it amounts to. Property of British citizens is attached. 

 That is all the suit amounts to, and all that the United States is bound 

 to do is to see that justice is done. The coarse of procedure in the 

 United States must be followed. If the judgment of the United States 

 District Court of Alaska was com])laii)ed of, there was an opportunity 

 to ai)peal to and obtain the judgment of the highest court in the land. 

 No complaint could be made until that procedure had been followed 

 and run out to its conclusion. It was not done. So no complaint 

 could be made of that judgment, nor could the grounds upon which 

 that judgment was rendered be in any manner imputed to the United 

 States. 



The President. I think we had better consider that as a particular 

 question, which we will argue when it comes up later in the case. 



Mr. Carter. Very well. Where are we to look for the true grounds 

 upon which the United States based its position in these controversies'? 

 "VVliy, obviously, to the diplomatic communications. The British Gov- 

 ernment did protest to the United States that this course was pursued, 

 and that it was pursued by the authority of the United States in giv- 

 ing instructions to her cruisers; and they ask now "Tell us the author- 

 ity upon which you proceed." That was the demand of the British 

 Government — very properly made — "We want to know from you, not 

 from a District judge nyt in Alaska, but from you, who have the 

 authority to state, what your grounds are. It is from you that we 

 wish to know the grounds upon which you presume to seize British 

 vessels." 



That demand was made; and what was the answer to it? for there is 

 where you are to look to ascertain what the position is which the United 

 States Government takes. Therefore, I must again call the attention 

 of the arbitrators to the response which was lirst made to these 

 demands. 



The President. Do you mean to enter on a new subject? 



Mr. Carter. I perceive that the hour of adjournment has about 

 arrived; and the citations which I purpose to read I might perhaps as 

 well leave for the next session. 



The President. We will meet on next Tuesday morning, at half 

 past 11 o'clock. 



[The Tribunal accordingly adjourned.] 



