Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-03-09

bon o's !. a party defendant ,h;s
is nadc +; Indicating any opinion on TINS
Wi'n0a NAV safely be affirmed that there
asssioIl'. IL. = s1 distinction between the private
n'ialiss' tbe person who happens toloe
spsfV =, = that military force which sup
Pace. 6 &c oyereign power, and maintains inc
bats 1pe a the independence OF a nation. A
ignll' ~ r. acquiring private property IN a 10
{Pfiaee' = ,',,ry. may possibly be considered as
tsn GU aTs hat property TO the territorial Ju-
iu9. .,cr, he may be- considered as 50 lai
iasu Jo,,n the prince and assuming the cha
Ia ny # i ! private Individual but this he ean-
tcS' :, nresuned to do with respect % ally
pot % ftbat armed force which uphoids bis
|PcftO'' rbe nation he is entrusted to go
fs e, oaly applicable ease cited by Bynker-
~ { that of tie Spanish ships OF war
h o ~ i Flushing for a debt due from the.
~ Snain. lii that case, the States Ge-
~S 1;sterased and there is reason to be-
Fe'A sson, the manner in which the transac-
n''', Gated, that, either by the interference
rnor, ra.s.ept, or the decision OF the court,
- vessels were released.
|"T This case of tie Spanish vessels IS, 1t is
|, .tsyrd. the oily case furnished by the ms
~ 4 the world, of an attempt made by an
y;dual to assert claim against foreign
p-Oce by se;zing the armed vessels or the
r,,;op. That t..is proceeding was at once ar
r..red by the eos ernpent. III a nation which
.nnsars to baveassertcd the power ofproce ed
mo- n the same manheragainst the private pro-
r.ytv f,he Prince, would seem to furnlshno
EebIe argument in support OF the uilversality
Il the opinion in favor OF the exemption
.ain,ed for ships Of war. The distinction
made in our own laws between public and
private ships would appear to proceed from
tie sane opinion.
hseems then to the court to be a principle
Of public law that national ships OF war, en-
tering the port of a, friendly power open for
their reception, are to be considered IS ex-
emptcd BY the consent OF that power from its
jurisdiction.
Without doubt, the sovereign of the place
IS capable of destroying this implication. He
nav claim and exercise jurisdiction either by
force or by subjecting such vessels
ordinary tribunals. But until such pow
erbe excrted in manner not to be misunder-
stood, the sovereign cannot be considered as
having impaired to the ordinary tribunals
which it would be a breach of
ath to exercise. These general statutory
provisions therefore which are descriptive of
he ordihary jurisdiction of the Judicial tribu-
rlss which give an individual whose property
las been wrested from him right to claim
nat property In the court of the country in
Shch ii is found, ought not: in the opinion of
hlscouFt, to- be so construed as to give them
jurisdiction in a case In which the sovereign
bower has implicitly consented to wave Its ju-
isdic6on.
The Arguments infavor of this opinion which
nave been drawn from the general inability of
ne judicial power to enforce its decisions in
;ases OF this description, from the considera-
lon, thar the sovereign power eli the nation is
ions competent to avenge wrongs committed
y sovereign, that the questions to which
aCa wrongs give birth, are rather questions
! policy than of law, that they are diplomatic
1854" ASS0l uIoCUSSlpli, tttC Ot = iSai
'elgnt and merit serious attention. But the
-su.Hent has already been drawn to length
:! 'ofbids particular examination Of these
,Ge principles which have been stated viii
v" oe applied to the case at bar.
~ inc present state OF the evidence and pro-
Neunss tue Exchange must b. considered as
sesse' winch was the property of the libel
lu':' whose claim is repeled by the fact that
~ y y COW national vessel commissioned by
~ n u tne service Of the Emperor CT France.
~ :. evidence of this fact is DOT controyered.
, :. \ IS contended that it constitutes 30 bar
M; - enquiry into the validity of the title by
az. e" see Emperor holds this vessel. Every
'Ion' u Is alleged, who is entitled to proper
a,,. ought within tie Jurisdiction Of our
or,, - mas right to assert his title in those
a,a - unless there be some law taking his
"a Ou' OF the general rule Il is therefore
j, " Oe the right, & lit be the right,it is the
= - me court, to enquire whether this title
Ib;oS III extlnguished by an act the validity Of
~