Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-28
THE BERiNa SEA CASE.
Arguments Of the Attorney General and Mr..
Choate.

Arguments OF the Attorney Generai ana hr
Choate.
After THE Stars report of the proceedings
in the Boring sea case before the Supreme
Court yesterday closed Attorney General
Miller continued his argument against the Ill
ing of the petition and Mr.. Choate replied
The Attorney General then reviewed the evil
dence in part to show that there was reason 10
suppose that the court may have ascertained
that seals had been killed within three miles OF
Oonamak Island. II this were SO IL did moi
matter how far from land the seizure took
place. II might have been in the Irish chan
mel for that matter. Moreover, he held that
objection TO the jurisdiction based on the
ground that the seizure was illegal was merely
a personal privilege, and that 1t had been
waived by failure to plead it at the proper
time.
Supposing however that every necessary
preliminary had been complied with, he MAIN
tanned that even if the seizure was illegal and a
violation of international law it could not affect
the right of the United States to seize the Say
ward on the high seas for violation of United
States municipal laws. and in support OF this he
quoted the Ker case, III which man had been
Kidnapped in foreign country and brought
here for trial and wherein the court had said II
could not interfere.
TIE POLITICAL QUESTION.
He repeated the argument of the brief as to
the political character of the question and
added: Judiciary does not make boundaries,
il finds them. The political departments, the
legislative and executive. make boundaries both
in geography and in sovereignty.
The courts can hear evidence, examine pa
pers, find the lines SO fixed and adjudged. and
decree rights. public and private. with ref
erence to such lines, but they are powerless to
adjudge them to be right or wrong.
There is duty imposed by the act OF Con-
gress upon the President Somebody has got
20 take the responsibility of deciding what con-
stitutes the dominion of the United States in
Boring sea, and who is to make that decision ex-
cept the chief executive. who is called upon by
his oath to see that the laws be faithfully ex-
ecuted within that dominion? IL this be so, Is
not his decision on that question conclusive!
II it be not VIC may have an executive with the
ships of the government enforcing one claim
and the courts in the rear DENYING that claim
Certainly not edifying spectacle even in
contemplation, and not a spectacle to which
this court has ever given any encouragement"
MR.. CHoATE's CLOSING ARGUMENT
Mr.. Choate closed for the petitioner. He
said that until now he had supposed that what
was said by Chief Justice Marshall was still
true. that we live under government of laws
and not Of men, II this view of the executive
power. which has been set forth. should be ac-
cepted by this court. then our boosted Constr
tuition and laws for the protection of life. lib
erty and property would. il seemed to him.
hardly be worth the paper OF which they were
printed. II il be true, and he thought it had
never been asserted until five minutes ago,
that the President in the performance of any
duty can put construction upon treaties and
acts of Congress which should be conclusive
upon this court why. he asked, has the United
States any courts nj all?
If il be true that the President can deter
mine under an act Of Congress what Congress
itself has refused to assert, that instead of a
universally accepted law of nations. which is as
much part of the law any statute on the
books, namely, that the territorial waters of
Alaska extend only three miles from shore-if
the President can extend the jurisdiction sixty
miles why need there be any other coordinate
department of the government? II the Presi-
dent can order the seizure of a foreign ship
which was probably never within the waters Of
the United States. and certainly could not have
committed an offense against their municipal
laws. and without any warrant of law for
chilly drag her into port and give jurisdiction
to district court why. he is more irrespon-
sible monarch than ever yet has occupied a
throne.
Mr.. Choate's argument was not concluded
when the court adjourned.