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The American Judiciary by LLD Simeon E. Baldwin
page 57 of 388 (14%)
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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