The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In the following year a convention was concluded between the
United States and Great Britain for the submission of the
question of our jurisdiction over Behring's Sea to arbitration.
The arbitration took place and the award supported the British
contention. Congress passed an act to give it full effect. The
convention provided in terms that "the high contracting parties
engage to consider the result of the proceedings of the tribunal
of arbitration as a full, perfect and final settlement of all the
questions referred to by the arbitrators."
In July, 1891, before the award was made, an American vessel
engaged in the seal fishery outside the three-mile limit was
seized by one of our revenue cutters. A libel was filed by the
United States in the admiralty court for Alaska and she was
condemned. Her owners appealed to the Circuit Court of Appeals,
on the ground that the seizure was made outside of the
jurisdiction of the United States. If so, they were entitled to
her release. The court held that the limits of this jurisdiction
were conclusively settled by the award, and thus adverted to the
claim that they should treat the case as the Supreme Court of the
United States had dealt with that which followed the seizure of
the year before:
This question has been settled by the award of the arbitrators,
and this settlement must be accepted "as final." It follows
therefrom that the words "in the waters thereof," as used in
section 1956, and the words "dominion of the United States in
the waters of Behring Sea," in the amendment thereto, must be
construed to mean the waters within three miles from the shores
of Alaska. In coming to this conclusion, this court does not
decide the question adversely to the political department of
the government. It is undoubtedly true, as has been decided by
the Supreme Court, that, in pending controversies, doubtful
questions which are undecided must be met by the political
department of the government. "They are beyond the sphere of
judicial cognizance," and "if a wrong has been done, the power
of redress is with Congress, not with the judiciary." The
Cherokee Tobacco, 11 Wall., 616-621. But in the present case
there is no pending question left undetermined for the
political department to decide. It has been settled. The
award is to be construed as a treaty which has become final. A
treaty when accepted and agreed to becomes the supreme law of
the land. ... The duty of courts is to construe and give
effect to the latest expression of the sovereign will; hence it
follows that, whatever may have been the contention of the
government at the time _in re_ Cooper was decided, it has
receded therefrom since the award was rendered, by an agreement
to accept the same "as a full, complete, and final settlement
of all questions referred to by the arbitrators," and from the
further fact that the government since the rendition of the
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