The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
These principles are well illustrated by some incidents of our
controversy with Great Britain over the seal fisheries in Behring
Sea. There was a serious dispute between the two governments as
to the limits of our jurisdiction over the waters adjacent to
Alaska. We maintained that it ran to the middle of Behring's
Straits and from the meridian of 172 deg. to that of 193 deg. west
longitude. Great Britain contended for the three-mile limit.
Pending diplomatic negotiations as to this point, one of our
revenue cruisers seized a Canadian vessel which was engaged in
seal fishing nearly sixty miles from the Alaskan coast, and she
was condemned, on a libel by the United States, by an admiralty
court in Alaska.
The owner in 1891 applied to the Supreme Court of the United
States for a writ to prohibit the enforcement of this decree of
confiscation. The Attorney-General of Canada filed in this suit
papers in aid of the application, stating that he did so with the
knowledge and approval of the imperial government, and that he
would be represented by counsel employed by the British minister
resident. The writ was refused on technical grounds, but the
court, through Chief Justice Fuller, made these observations as
to the merits of the cause:
In this case, Her Britannic Majesty's Attorney-General of
Canada has presented, with the knowledge and approval of the
Imperial government of Great Britain, a suggestion on behalf of
the claimant. He represents no property interest in the
vessel, as is sometimes done by consuls, but only a public
political interest. We are not insensible to the courtesy
implied in the willingness thus manifested that this court
should proceed to a decision on the main question argued for
the petitioner; nor do we permit ourselves to doubt that under
such circumstances the decision would receive all the
consideration that the utmost good faith would require; but it
is very clear that, presented as a political question merely,
it would not fall within our province to determine it.... We
are not to be understood, however, as underrating the weight of
the argument that in a case involving private rights, the court
may be obliged, if those rights are dependent upon the
construction of acts of Congress or of a treaty, and the case
turns upon a question, public in its nature, which has not been
determined by the political departments in the form of a law
specifically settling it, or authorizing the executive to do
so, to render judgment, "since we have no more right to decline
the jurisdiction which is given than to usurp that which is not
given."[Footnote: _In re_ Cooper, 143 United States
Reports, 472, 503.]
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