Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-09-30

neIfer.r. in the British islands arose. The local
law in II. cases dissolves obligations rela-
tons lawful entered into or lawfully existing, &C.
cordng to tn, avs Of the ships country lift did, in
ercourse of vilized between nation and nation
m st Marriages frequently celebrated in
nn country in a manner not lawful valid in
ther hut did any body ever doubt that marriages
vail al the civilized world, if valid in the
try il. which they took place? Did any ina
CINE Il at local law acted upon such marriages TO
annhila.e their obligation the parties should visit
country n which marriages must be celebrated in ano-
Their form.
II may be said that in such instances personal rela-
lions founded in contract and therefore to be
spected but that The relation OF master and slave is
not founded in contract and therefore is 10 be respected
only by the law of the place which recognises it, Who
ever reasons encounters the authority Of the whole
body of public law from Grotius down. because there
are numerous instances in which the law itself pre-
snmps implies contracts and prominent among
these instances is the very relation which We now
considering, aud which relation is holden by law TO
draw after it mutually Of obligation.
| Is not the relation between father and his minor
children Acknowledged, when they 60 abroad? Aud
what contract This founded, but contract raised
by general principles law, from the relation Of the
parties,
Your Lordshp will please bear in mind that the pro.
position which endeavor:ng 10 support is, that
by the comfy Of the law of nations, and the prac
lice Of modern times merchant vessels entering open
ports of other nations, for the purpose Of trade pre-
sumed TO be allowed 10 bring with them, and to re-
tain, for their protection and government, tie nrs-
dclion and laws of their country All this, ra-
peat is presumed 10 he hiiowed-because the ports
open, because trade is invited, and because under
these circumstances, such permission or allowance IL
according general usage. IL is not denied that all
this may be reiused-and this suggests distinction,
the disregard of which may perhaps account for most Of
the difficulties arising IN cases OF this sor-that IS TO
say, The distinction, between what State may do if
it pleases, and what it is presumed 10 do not TO
do, n the absence Ct any positive declaration Of it's
will. State might declare that all foreign marriages
should be regarded null and void, within lis terrific
ry; that foreign father, arriving with an infant son.
should no longer have authority control over him.
that, the arrival of foreign vessel in It's ports, Ill
shipping articles and all ndenurcs OF apprenticeship
between her crew and her masters, should
cease 10 he binding These, and many other things
equally irrational and absurd, sovereign State has
doubtless the power to do. But they not TO be pre-
sumed. Ii il be taken for granted, aJanie, that
il is the will of Ihe sovereign State thus to Withdraw
itself from the circle of civilized nations. II will be
time enough to believe this 20 be its intention, when It
formally announces that intention BY appropriate enact
me nis cdcts other declarations. In regard to sa-
very within the British territories, there is we'll
known and clear PRONUNCIATION o! the will Of The sove
reign authority; that is TO say, there is well known
rule of her law. As TO England herself that law has
long existed; and recent acts of Parliament established
the same law for The colonies The usual mode ofstarg
the rule Of English law is, that does slave
reach the shore of Eng than lie is free. This true:
but il than that, when slave comes with
the exclusive jurisdiction Of Eng he to be
slave because the law of England positively and notori
ously prohibits aud orbds tie existence of such rea
ton between pud man. But does not mean that
English authorities, with this rule Of English law in
their hands, may enter where the jurisdiction Of mo-
Their nation is acknowledged 10 exist and there destroy
rights, obligations, and interests lawfully existing
under the authority Of such o'hor nation. No such
constructions and no such effect, be righifuly
given to the British law. 1t is true, that it is compe-
tent the British Parliament, by express statute pro-
vision To declare that no foreign jurisdiction CT any
kind should exist, vessel after ITS arrival
voluntarily in her ports. Aud so she might close all
her ports 10 the ships Of all nations. State may
also DECLARE in the absence OF treaty spulaons, that
foreigners shall not sue in her courts travel in
her territories carry away fumes goods received
for debt. We need not inquire hat would be the
dition Of country that should establish such laws
in what relation they would leave her towards tho
States Of the civlised world. Her power TO mike
such laws is ucsonablt; but in the absence of d.
rect and positive enactment 10 that effect, the presump
ton is the opposi,cs Of these things exist While her
ports are open to foreign trade, it is 10 be prssum
ed that she expects foreign ships TO enter them,
bringing witt, them the jurisdiction Of their own g,
vernment, and the protection OF its laws to TIE
same extent that her ships, and The ships OF other
commercial States, carry with them the jurisdiction
of their res ,ctve Governments into the open ports
Of the d. lust as it is presumed, while the contrary
is not W. that strangers may travel in civilized
country in OF peace, sue in its courts, and bring
away theirH Jperty
A merchan' vessel enters The port Of friendly
State and EMO 8 while there the protection Of her
own laws, and under the jurisdiction Of her
Co ornme nt not derogation of Ike sovereignty of
the lace, but by the presumed allowance or permission
of tn I sovereignty. This permission or allowance is
found ID the comfy of nations, like the other eases
which rave been meDtioned: and ibs comfy is part,
and ST important ard valuable part, Of the law of
nations. which oil nations arc presumed 10 assent
until liz make their dissent known. In The silence Of
any positive rule affirming denying or restraining
the operations Of foreign laws, iber tacit adoption ~
presume d. to the usual extent. IL s upon this grourd
that courts of law expounJ contracts according to the
law Of the place in which they MADE; and instances
almost nnunerabe exist in which by the general prac-
tce Of civilized countries the laws Of one VIII be recog-
Missed and often executed by another. THIS is the
nifty of nations: end i. upon is lis solid bass,
that the intercourse Of civzsd sta'es is maintained.
But While tina. which has been said, is under
stood 10 be the voluntary and nd' pied Jaw # nations,
in Of The voluntary entry OF merchant vessels INTO
the ports OF other countries nevertheless true, that
vessels in such ports, only through overriding re-
ccssiiy may place their claim for exemption from
reference still higher prncipes-tbat is 10 say,
principles held in sacred regard BY the comfy,
the courtesy or, indeed, The Of justice
Of all civilized States.
Even in regard 10 of necessity, however, there
are things Of unfriendly and offensive character,
which yet, it may not te easy 10 say, that nation
might not do For example, nation MIG lit declare her
will be- and make the law OF her domDions, that
foreign vessels away her Shores should be lost
to her owners and subject to the ancient law Of wreck
Or ural Slate, while shutting her ports 10 the arm
ed vessels of bcigeren,s she has a right TO do,
nigh, resolve selling and &C nscating vessels Of
that description, which should be driven take shelter
in her barbors by the violence of The storms of the
ocean. But laws Of this character however, within
the absolute confidence Of Government, could only be
passed. if passed ct ALL under willingness to meet tie
last responsibility TO which nations are subject.
The presumption is stronger, therefore, in regard TO
vessels driven into foreign ports by necessity and seek
ing only temporary refuge, than in regard 10 those
which enter them voluntarily, end for purposes Of
trade, that they will not be ner!ercd WITH and that,
unless they commit, while in port, act against the
Laws of the place, they viii be permitted to receive
supplies, TO repair damages cni depart unmolesed
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