124 ACTION OF THE UNITED STATES. 



308; Garcia vs. Lee, 12 Pet., 511, 520; Williams vs. Suffolk Ins, Co., 13 

 Pet., 415; United States vs. Yorba, 1 Wall., 412, 423; United States 

 vs. Lynde, 11 Wall., 032, 638). It is equally well settled in England. 

 (The Pelican, Edw. Adm. a px. D.; Taylor vs. Barclay, 2 Sim., 213; 

 Emperor of Austria vs. Day, 3 DeG., F. & J., 217, 221, 233; Kepublic 

 of Peru vs. Peruvian Guano Co., 30 Cli. D., 489, 497; Eepublic of Peru 

 vs. Drayfus, 38 Ch. D., 356, 359). All courts of justice are bound to 

 take judicial notice of the territorial extent of the jurisdiction exercised 

 by the Government whose laws they administer, or of its recognition 

 or denial of the sovereignty of a foreign power, as appearing from the 

 public acts of the legislature and executive, although those acts are 

 not formally put in evidence nor in accord with the pleadings. (United 

 States vs. Eeynes, 9 How., 127; Kennett vs. Chambers, 14 How., 38; 

 Hoyt ys. Eussel, 117 U. S., 401, 404; Coffee vs. Grover, 123 U. S., 1; 

 State vs. Dun well, 3 R. I., 127; State vs. Wagner, 61 Maine, 178; Tay- 

 lor vs. Barclay, and Emperor of Eussia vs. Day, above cited, 1 Green 1, 

 Ev., 6.) 



It has been further contended on the part of the defense that this 

 vessel was especially privileged to engage in the sealing business in Ber- 

 ing Sea by reason of the fact that her owner and crew of Indians are of 

 the Makah tribe, and by virtue of the treaty made with said tribe of 

 Indians, whereby " the rights of taking fish and of whaling and seal- 

 ing at usual and accustomed grounds and stations is further secured to 

 said Indians in common with all citizens of the United States and of 

 erecting temporary houses for the purpose of curing, together with the 

 privilege of hunting and gathering roots and berries on open and un- 

 claimed land." (12 U. S. Statutes, 940.) It is obvious, however, from 

 the language above quoted, that the treaty secures to the Indians onl;^ 

 an equality of rights and privileges in the matter of fishing, whaling, 

 and sealing. The guaranty is of rights in common with all citizens of 

 the United States, and certainly such treaty stipulations give no sup- 

 port to a claim for peculiar or superior, rights or privileges denied to 

 citizens of the country in general. 



A decree of forfeiture as prayed for in the libel of information will be 

 entered. 



0. H. Hanford, 



Judge. 



