114 ACTION OF THE UNITED STATES. 



ceeds thence in a course nearly southwest through Berings Straits and 

 Berings Sea so as to pass midway between the northwest point of the 

 island of St. Lawrence and the southwest point of Cape Ohaukotski to 

 the meridian of one hundred and seventy-two west longitude; thence, 

 from the intersection of that meridian, in a southwesterly direction, so 

 as to pass midway between the island of Attn and the Copper Island 

 of the Kounavdoski couplet or group in the North Pacific Ocean, to 

 the meridian of one hundred and ninety-three degrees west longitude, 

 so as to include in the territory conveyed the whole of the Aleutian 

 Islands east of the meridian." 



All the waters within the boundary set forth in this treaty to tlie 

 western end of the Aleutian Archipelago and chain of islands are to be 

 considered as comprised within the waters of Alaska, and all the penal- 

 ties T)rescribed by law against the killing of fur-bearing animals must 

 therefore attach against any violation of law within the limits before 

 described. 



If, therefore, the jury believe from the evidence that the defendants 

 by themselves, or in conjunction Avith others, did, on or about the time 

 charged in the information, kill any otter, mink, marten, sable, or fur 

 seal, or other fur-bearing animal or animals, on the shores of Alaska or 

 in Bering Sea, east of the one hundred and ninety-third degree of west 

 longitude, the jury should find the defendants guilty. 



You are further instructed, gentlemen, as a matter of law, that an 

 accessory is one who stands by and aids, abets, or assists, or, who not 

 being present aiding, abetting, or assisting, has advised or encouraged 

 others to perpetrate the act charged in the information, such a person 

 is to be considered a principal; and if you believe from the evidence 

 that the defendants were associated with other persons who were en- 

 gaged in killing any of the animals herein mentioned, and that they 

 gave aid and encouragement to such persons by word, sign, or gesticu- 

 lation, while they were engaged in such unlawful enterprise, then the 

 jury should find them guilty, and assess their punishment as hereinbe- 

 fore set forth. 



The jury are further instructed, as a matter of international law, that 

 it makes no dift'erence that one or both of the accused parties may be 

 subjects of Great Britain. Russia had claimed and exercised jurisdic- 

 tion over all that portion of Bering Sea embraced within the boundary 

 lines set forth in the treaty, and that claim had been tacitly recognized 

 and acquiesced in by the other maritime powers of the world for a long- 

 series of years prior to the treaty of March 30, 18G7. 



By the terms of that treaty the United States acquired all the riglits 

 of occupancy, jurisdiction, and control of the waters of Bering Sea that 

 had been exercised and enjoyed by Russia, east of the one hundred and 

 ninety-third degree, west longitude, prior to the exchange and ratifica- 

 tion of the treaty of March 30, 1867, and acquired absolute control and 

 dominion over all rivers which flow through the Territory of Alaska, 

 and the seacoast adjoining it or any of the islands embraced within the 

 treaty and the navigable waters included in all bays and between head- 

 lands and arms of the sea joining the Territory, and British vessels 

 manned by British subjects had no right to navigate the waters before 

 described for the purpose of killing any of the fur-bearing animals 

 heretofore designated. 



The jury are further instructed that on the 3d day of August, 1870, 

 the United States, through its acting Secretary of the Treasury, in 

 pursuance of an act of Congress approved July 1, 1870, entitled "An 

 act to prevent the extermination of fur-bearing animals in A^laska," 



