Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-12

unwarranted by the law Of nations. is CONT
IDENTIFY submitted, while, with equal confidence
M9 suemitted that no law or treaty Of the
United States warrants such seizure and con-
domination, and that the district court Of the
United States for the territory of Alaska never
hAd jurisdiction Of the vessel or of the altered
onense; that its proceedings and decree are
without jurisdiction and that il should be pro-
hibited by this court from enforcing said de-
cree. or doing any act under color Of the
usurped Jurisdiction"
FIRsf, As TO THx JuRnplcrroy or rHl ST.
PREME COURT
to issue the prohibition prayed for, section ess
OF the Revised Statutes is quoted, which gives
the Supreme Court the Jurisdiction in cases of
admiralty, the reason for IL being that vessels
OF friendly nations may not be compelled TO
suffer loss and detention by awaiting the slow
processes OF a district court which may assume
jurisdiction unlawfully, &c. The case of the
French Letter Of BarSue Cassius, which was
seized and libeled at Philadelphia. is cited from
the third Dallas, in which case the Supreme
Court issued a writ of prohibition, causing the
release OF the vessel. The highest authorities
on international law are quoted to sustain the
position that no nation can exercise jurisdic-
ton beyond the Limit of one marine league from
its shores, eNeeps in cases Of piracy Core
spondehce from the archives OF the United
States Departm of State is quoted to show
that the United States always recognized
and Insisted upon the enforcement Of this
principle Of international Law a.
against all nations that have at any time
attempted to set up claim to such iurisdic-
ton. 1t is argued that no nation could exer-
else Jurisdiction over the Boring sea except by
the consent II all other nations. 1t il not con-
coded that Russia ever had such jurisdiction,
but Ii she had, by the consent of other nations,
II Il disputed that any ccssion Of that right of
jurisdiction was ever made 10 the United States
by Russia.
crssrox IRON RUSSIA.
Herein answer is made to the contention Of
Mr.. Blaine that Great Britain acquiesced in the
claim Of Russia before the sale of Alaska and
the Aeutian Islands. In substance, it is urged
that II Russia ever bad jurisdiction over these
waters beyond the marine league-not conced-
ing at all that she had-it was not by virtue Of
her possessions in the Aleutian Islands and
Alaska, but by the general consent of other
| nations. Then the treaty between Russia and
| the United States is quoted from to prove that
| the only cession Russia made to the United
States was of the territory Of Alaska and he
Aleutian Islands and ''the waters adjacent
| thereto" Argument is made to prove that the
waters adjacent thereto are and could be only
| those waters within the marine league from the
| shores. 1t is claimed that the language Of the
| treaty clearly indicates this
On these points the brief saws:
The proceeding here sought to be prohibited
1 Is an attempted exercise OF jurisdiction. not
/ under the general law maritime but under q
| municipal statute. In order to sustain the
jurisdiction in this case, therefore, il must nee
essarily appear that the act committed BY the
4 master and crew Of the Sayward, for which the
condemnation and forfeiture was sought, was
an act in violation Of the laws of the United
| States, done and committed in place subject
to their legislation and judicial jurisdiction
The statute is quoted and it is claimed that
the court must determine what are the Limits
| OF Alaska territory and the waters thereon and
| what Is ''the dominion of the United States in
| the waters of Boring sea-"
ExAMISISG THE TREATY.
The treaty is then examined without any
reference to international law to determine
what it purports to grant and convey from
Russia to the United States. On this point the
| brief says:
The subject matter of the cession is declared
IN the first article of the treaty TO be all the
territory and dominion now Possessed by his
said majesty Oh the continent of America and an
| the ddjac,7t islands, and no attempt is made
| 10 describe by metes and bounds the territory
anu dominion which are the subjects of the
cession, but they are described as being con-
tanned tosatsn the geographical limits herein set
forth The plain meaning. of the language,
therefore, is that all the territory and dominion
OF the Emperor Of Russia the continent and
| an the adjacent islands will be found tcitkis.
those geographical limits.
THE cEssIoN OF TERRITORY.
THE second article refers to the 'cession of
territory and dominion made by the preceding
article and proceeds to specify what are in
cluded in said cession; but there is no attempt
| to include anything which is not on the CONT
nent OF America or in the adjacent islands, and
no dominion in the waters of the sea is men,
toned or referred to in this article. =
The meaning and purpose of the sixth article
which declares the ceasion of territory herein
that is, IN the preceding article, to be free Of
| reservation. privileges, grants possessions
by any associated companies, Russian or any
other, or by any parties, is made perfectly
plain by the addition of the words 'except pri-
waite individual property holders;" and the las.
| clause, which declares that the cession CONVEYS
all the rights, franchises and privileges now be-
longing to Russia is limited by the words in
said territory or dominion and appurtensnces
| thereto
''It remains only to consider whether the
geographical limits in the first article within
which the territory and dominion on the CONT
nent OF America or in the adjacent islands are
said to be contained, purport TO include in the
grant anything but the territory on the CONT
nent Of America and in the adjacent islands.
The eastern geographical limit is described
as the line Of demarcation' between the Rus
sian and British possessions and no explana-
ton or qualification is superadded. But when
the western geographical limit is described care
is taken to repeat the language, introducing
and dominion conveyed are contained Each
course carries with it an explanation and the
final clause leaves no room for doubt and dis
| tinctly negatives any implication of an attempt
to convey any portion of the high seas, for the
said western line is drawn, not so as to en-
brace any part Of the high seas. but, ex-
pressed in the apt language of the treaty. so
as to include in the territory conveyed the
whole Of the Aleutian Islands east of that
meridian
From this" the brief continues, at is clear
that the treaty does not purport expressly to
convey any dominion in the waters of Boring
sea, and if any dominion in said waters passed
by said treaty it must have been passed as an
incident or appurtenant to the territory on the
continent and in the adjacent islands under the
law of nations.
1T is clear. therefore, that the laws of the
United States, including the treaty as such, do
not determine what waters Of Boring sea are
subject to the jurisdiction of the United
States"
THREE MILES AND NO FURTHER.
The brief says, therefore, that we must turn
to the law of nations to determine the limits Of
this jurisdiction, and by this law it declares
that municipal territorial jurisdiction on the
sea is limited to three miles or q marine league
from the shore. Numerous authorities are
quoted for this proposition, over which. Of
course, there is no dispute. II Is cited further
that 1.-The United States has maintained as
against all foreign nations from the beginning
OF its existence the principles Of international
law which confine Jurisdiction over the SEQ to
fhysa ms f,yo >o~sr, Il