The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-23
[cOPY.l
January 9, 1904.

lCOPY.I
J.znuAry 9, 1904.
Fk9ra3 Ons,Fiou-Thc power - livesin per-
fcts harmony s, triendlhip with the power B.;t
The power CT either with reafon or without,
commits hofities againft the fu5ie0s of the
power 3. takes fome Of their veiIels, carries
them into the ports of A. friend of both where
they are condemned and fold by the official a.
gents of PowerC. svitbout pozve,. II. being able
ropre7'eHtit. At !at a treaty is entered into, by
which the powers B. and c. adult their differ
ences, and in this treaty the power B. renoun-
ces and ahandons to the power c. the right to
any claim for ithe Injuries and k,,ies occaiioned
toits fubjeds by the hoGilities from power c.
GMere III as the power B. any right to call up
ON the power a. for iodemnities for the loiles
occahoned in its ports and COATS to its fubietts
by thoic of power c.: After the power B. has
abandoned OF reIinquilheG, by its treaty with
6. its right for the damages, which could be
Claimed for the injuries futained from the hoG.
tie conduct Of power c /?
dnElver-We have conlidered the above cafe,
and are of opinion, that on the general princi-
pies of the law Of nations, the power A. is not
liable to the power b. for acts done upon the
ve!irls belonging to the fubjeds of the power B.
by the power c. wichin the ports of A. the lat
ter not being aL!e TO oreVenf IL. Nations are not,
any more than individuals, bound to perform
ian pofTbilities.
But even leaving npofihilites out Of the
qncllion, and admitting that the power A. could
nave prevented the injury which was commit
ted by the power c. but refufed or neglected 70
do II, we are of opinion, that if the power g.
has releafed or rel;nQui:hed the fame injury to
power c. IN that cafe, the power a. is no longer
haaie to aay Responsibilities in damages on ac-
count Of lis acquie fcence.
lit. BecaG!e it appears to us, that in the pre-
lent cafe, the power c. is to be con6dered AS
.he principal party, and the power A. merely as
an acceary, and that it is in that relation to
each other, that their feveral acts and their ref
Pett've liability 70 the injured party is to be con-
fdered. Now il is in the nature of all acceGa-
r. things, that they cannot fubfi.t without the
principal thing; and the principal trefpafs being
done away by the rsleafe to G. the acceGary Of
fence OF Il. mut be done away likewifc, ac-
cordine he well known maxim of the law,
Geeagoreans frqpifhr I'rineipnlr,
"a. becauie reeaie or relinqufhment Of a
right, implies in law, the receipt of fatisfacion,
and IT is contrary to every principle of juriipru.
cence, for party to receive double fatisfacf-
on for the fame injury, and here the injury re-
cfived by B, from C, and from a, is eiIentiallv
tue fame the act of thefe two perfons were
indeed different, but the effect which they pro-
duced was the fame, and that efFca only, can
be the object 2enIation in damages
80. Bscauie If the power Il. could be COM
PEELED to make fat;S9aetion to the power B. for
she Injury which toe latter has reieafed or relm-
qn'ihed to c. that releafe or renouiihment
would be defeated to every ufeful purpofe, as
the power G. would be liable to the power A.
tor the fame damages from which it was intend
cd TO be ditcharGed by the rsleafe of B. Now
reieafe, as wei rs any other contract or engage
Inent, implies that nothing fha be done by the
grantor directly or Indirectly, to defeat rs bona
hde intent or effect. If, therefore, the claim
preferred by B. upon A. will, if admitted, indi-
rectly defeat the releafe granted to c: fuch claim
mutt be pronounced to be Illegal.
upon tie whole, we are of opinion that the
reieaie granted by the power B. to the power C
operates afo releaie to the power A. for its
participation in the injury which was the obiest
Of that releafe.
Philadelphia Non. Is, 1902.
JARED IEGRESOLL,
WILLIAM RAWLR,
JOSEPH B. M'KEAN,
Es. Copia. PETER S. DtJpONCEAu
Aniwer of an attorney of N. York, to the fame
quefion.
According 70 The above ftatement n,ould
have no doubt that y. having abandoned its
nights TO an indemnity againlt &. would have no
claim whatever againa a. more Especially as the
cafe iuppotes it out of the power of A. to have
prevented the ir4nfidion.
NeGo-Tork, Aov. 8, 1902.
Z. l..
= Spain. + u. Slater France.