United States v. British Schooners

Citations

• 5 Alaska 11

Syllabus

<p>1. Fish <&wkey;9—Fur Seals—Act of Congress.</p> <p>The act of Congress of July 27, 1868 (15 Stat. 241, c. 273, § 6), in relation to the protection of seal life in Alaskan waters, is not in conflict with the Constitution of the United States.</p> <p>2. International Law <$&wkey;6 — Treaties — Bering Sea — Mare Clausum.</p> <p>The United States purchased and acquired all the title Russia had to that portion of Bering Sea described in the treaty of March 30, 1867 (15 Stat. 539), including the whole group of the Aleutian Islands. Russia had acquired title to the sea by right of discovery as far back as 1741, and this right was recognized by both Great Britain and the United States by the treaties of 1S24 (April 17, 1824, 8 Stat. 302) and 1825.</p> <p>3. Estoppel <&wkey;62(l)—Treaties <&wkey;7—Contracts.</p> <p>The law of estoppel in certain cases applies to nations as to individuals. Nations, like individuals, have the right of contracts, and their treaties are subject to the same rules of interpretation. Great Britain and her Dominion government, of which British Columbia is a part, are estopped from any claim of right to take fur-bearing animals in that part of Bering Sea which is bounded by the lines set' forth in the treaty of March, 1867; her treaty with Russia of 1825 having expired.</p> <p>4. Territories &wkey;>8—Treaties <&wkey;7—Constitutional Law.</p> <p>The courts have power to interpret treaties, and when made they should be held sacred, and are a part of the supreme law of the land. Congress recognized the validity of the treaty by extending the laws in relation to customs, commerce, and navigation to and over all the waters of Alaska.</p> <p><§^>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>