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The American Judiciary by LLD Simeon E. Baldwin
page 55 of 388 (14%)
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
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