Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-09-19

are presumed to be allowed 10 bring with them, AM
TO retain, for their pro,ec,ioa and government, ID
jurisdiction and laws Of their own country. All tins
I repeat, is pre- sumed TO be allowed ;-etcsuie Oh
pors are open, becal trade IS invited, and because
under these circumstances such permlsslcn or allow
anee 10 according to general usage. IL IS not denie
| that all this may be refused and this suggests
distinction, the disregard Of which may perhaps &C
count for most of the difficulties arising in cases
this sort; that 10 to say, the distinction, betwee'
| what a State may do, IL il p.eases. and What Il
presumed to do, not 10 CO. in the absence OF an,
positive declaration of its WILL a state might ue
clare that all foreign marriages should De REGARDED
null and void, wi,hia is territory; that a fore'g'
father, arriving with an infant son, shoad no onge
have authority or control over him; that. the
rival Of foreign vessel in its ports, all shipping
tcies and all indentures Of apprenticeship b-twee'
her crew aad her owners or masters, should cease
he binding. These, and many other things equally
irrational and absurd, soveresn State has doubtless
the power TO do. But they are not to be presumed
IL IL not to be taken for granted, a6dnfe, that II
the will of the sovereign State thus to withdraw s'
from the circle of civilized nations l. val be nn'
enough to believe this TO be It's intention, when u
formally announces that intention, by appropriate
enactnients, edets, or other declarations. In re-
gard TO slavery within the British territories, there
is well known and clear promu CATION OF the Will
Of the sovereign authority that is 10 say, there Is
well known rule of her law. As TO England herself
that law has long existed and recent acts OF Paria'
mcnt established the Same law to- the colonies
The usual mode Of stating the rule oil English law
is, that no sooner does slave reach the shore oil
England. than he is free. This is true; but It means
no more than that, when a slave comes within the
exclusive jurisdetion OF England, he ceases to DC
slave because the Law OF England positively and no
torious'y prohibits and orbds the existence oil such
a relation between man and man. But II does not
mein that English authorities with this rule Of En-
gish law in their hands, may enter whore the juEis-
dciion Of another nation is scknow lodged TO exist,
and here destroy rights, obligations and interests,
lawfully existing under the authority OF such othsr
nation. No such construction, aud no such effect,
be righifully given the British law. is true
that it is competent to the British Parliament, by
express statute provision, to declare that no foreign
jurisdiction Of any kind should exist, in over q
vessel, after It's arrival voluntarily in her ports
And che might close all her ports TO the ships OF
all nations. A State may also declare, in the alb
sencc OF treaty stipuatons, that foreigners shall
not sue in her courts, nor ave IL her territories,
nor carry away funds or goods received for debts.
We need not inquire what would be the condition
of country that should establish such laws, nor in
what relation they would leave her 10 wards the
States of ths civilized world. Her power 10 make
such laws is unquestionab; but, in the absence OF
direct and positive enactments 10 that effect, tho
presumption is the opposites Of these things exist.
While her ports are open to foreign trade is 10 be
presumed that she expects foreign ships TO enter
them, bringing with them the jurisdiction of their
own government and the protection OF its laws. to
the extent that her ships and the ships Of other
States, carry with them the jurisdiction
of their respective governments into the open ports
OF the world; just as i, is presumed, while the
contrary IS not avoved, that strangers may travel
10 civilized country in time Of peace, sue in its
courts and bring away their property.
n merchant vessel enters the port of a friendly
Stale, and enjoys while there The protection Of her
own laws, and is under the jurisdiction o. her own
government, not in derosaton OF the sovereignty Of
the place, bu, by the presumed allowance or per-
mission OF that sovereignty. This permission al.
owaace is founded on the comfy of nations, like the
other cases which have been mentioned; and this
comfy is part, and q most important and valua
bic part, Of the law OF nations 10 which ell nat
are presumed 10 assent until they made their dissent
known. In the silence OF any positive rule, affirm
ing or denying or restraining the operations OF for
eign laws, their tacit adoption is presumed, TO the
usual extent. Ii is upon this ground that courts Of
law e1pound contracts according TO the Jaw OF III,
place IN which they are made; and instances al
most innumerabe exist, in which, by the genera
practice of civilized countries, the laws OF vii
be recognized and often executed by another. This
is the comfy of nations; and IL is upon this, It's
solid basis, that the intercourse OF civilized State,
is maintained.
But while that which has now been enid is I'M
deTstood 10 be the voluntary and adopted law OF
nations 10 cases OF the voluntary entry of merchant
vessels into the ports OF other countries is never
theess true that vessels in such ports only through
an overriding necessity, may place their claim fo
|
pies; that 10 TO say, principles held in more sscreC
regard 10y the comfy, the courtesy, or indeed th
common sense of justice Of all civilized States.
Even in regard to Of necessity, however
there are things of an unfrendy and offensive char
ac;er, which yet u may not be easy 10 say that ,
nation might not do For example, a nation Nigh
declare he. will 10 be. AID make il The law Of he
| COMMONS, that iores On vessels cast away, on he
shores, should be lost TO her owners and subject {,
the an;ieat law of wreck. Ofa neutral State, Will
zHraNFf al. H-N
rents, as she has a right 10 do, might resolve OF
tezing and eonhscatins vessels OF that description
which should be driven 10 take shelter in her harbor
by tbs violence Of the storms Of the ocean. Blu
laws OF this character however, within tue absolu,
! competence OF government, could only be passed
If passed a. all, under Willingness TO mes, the la,
responsibility 20 which nations are subject.
The presumption is stronger therefore, in regard
vessels driven into foreign ports by necessity ACC
seeking only temporary refuge, than in regard &c
thoss which enter them voluntarily. and for .pyr
pS0S,bS, unie:, thty eom m while in port some ac
against the laws OF the place. they will be permitted
TO receive supplies, to repair damages, and 70 depar
unmolestej.
IT, therefore, vessels of the United States, pursu
Jog lawful voyages, from port 10 port, along thei
own shore. are driven by stress Of weather or CARR
cd by unlawful force, into English ports the Go.
vernment OF the United SAFES cannot consen. tina.
the local authorities in those ports shall take aiyan.
I
purpose Of interfering with the condition Of rerson,
things on board, established by their own laws
II slaves tie property Of citizens Of tho United
States, escape into the British territories il is moi
expected that they will be restored. In that case
the territorial jurisdiction Of England will have be-
come exclusive over them, and mUs, decide their
condition. BI; slaves on board Of American yesse's
lying in British waters, are within the exclusive
jurisdiction Of Eng lind or under the exclusive oper.
a''on OF English law; and this Pounds the broad
distinction between tue cases. IT persons guilty Of
crimes in the United States seek an asylum in the
British dominions they will not be demanded, until
provision for such cases be made by treaty; becaus,
the giving up Of criminals, iugI,ives from justice j,
agreed and understood 10 be matter IN which eve.
~ nation regulates ts conduct according 10 is ovr
discretion. IL is no breach Of comfy 70 refuse such
surrender.
On the other hand. vessels Of the United States
driven by necessity into British ports and staying
there 10 longer than such necessity exists Vio ang
no law, nor having intent 70 violate any law, will
claim and there vail be claimed for them protection
and security, freedom from mo.ssta'ion, and from
all interference with the CHARGER or condition OF
persons or things on board. In tie opinion Of the
Government Of the United Slales, sucn vessels 90
driven and so detained by necessity, in fnendy
port ought 10 Je regarded as siiil pursuing Their
original voyage and turned out OF Their direct cours.
only by disaster, o. by wrongful violence that they
ought % recsivo al assistance necessary 10 enab c
them 70 resume that direct course; and that inter.
ference and moe5ia,ion Jy local authorities, whore
the whole voyage Is lawful, both IN act and intent,
is ground FOR Just and grave complaint.
Your lordship's discsfnmsni end large experience
IN Affairs csnnct foil TO suggest 20 you how impor
tant tits 10 merchants and nsvigstors engaged 10 the
coasiing trade Of county large in extent as the
United States, that they should FEEL secure agains,
oil but the ordinary causes Of maritime loss. The
NJ The err,,.rL