The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-05
MIR. Duer's Lecture Insurance-F Failure
Of tho Course.

OF tho Course.
MIR. Duer gave his first lecture on Monday even
ing at the lecture room of the Library Society," Cn-
ton Hall, on the law of Marine Insurance. The
audience, although not numerous, was very respect
able Among those present we noticed Chancellor
Kent, Judge Kent, Judge Vanderpoel, George Grit
fin, penlamin f. Butler, District Attorney Whiting.
Ogden Hott nan, and several other distinguished
members of the New York bar
The learned gentleman commenced by saying,
that the law of insurance is not to be regarded as
municipal law; 1t boasts a nobler and a more uni
versa origin. 1t Is founded on the law OF nations,
and depends in greater less degree on unlver-
sal law. The law OF nations upon questions arising
Out of maratlme laws, such as freight, bottomry,
sea prizes, shipwrecks hostages, &c, is adopted by
the common law. There no other principles
by which such questions can be decided The lee
turer then went on 10 describe the law merchant,
and to draw distinction betwee n it and the law OF
nations He said, that the former not branch
of the latter, in the sense that Blackstone used It,
To illustrate this view, he said people could alter
the law OF nations to suit their own convenience;
hence this law could not be applied to the law mer-
chant. But every nation can make laws to regu-
late its own commerce; hence, he said, the law
merchant at all events can only be an imperfect
other in the sources from which both are derived,
but they differ in the obligations they impose, and
the rules by which such obligations are enforced:
Mr. Duer continued to say, that whether the law OF
Marine Insurance was, or was not known to the an
cents is problem not yet solved but it is admitted
that contracts of bottomry and respondentea were
we'll knowa and extensively used, and are men
toned in the code of Justinian, and in the Ro-
man pandicts He said that it was the opinion of
Park, Marshal, and some other eminent juriss, that
marine insurance contracts were unknown to the
Romans Those opinions, he said, were founded
upon the fact that of this particular contract
could be found in the Roman code that ancient
commerce limited; that their voyages were
coastwise, and necessarily short
He then took an historical review of the com
MERGE of Tyre, Carthage, Rhodes and Alexandria,
and contended that ii was impossible that nations
trading with all parts OF the world then known, could
be ignorant OF the contract OF marine insurance.
He also contended that cOastng voyages were the
most dangerous, and that the bravest and most
skilu sailors were nursed in the coasting trade.
He also showed from historical records, that voyages
were made by the Romans, to Spain, TO India and
other places, and that the customs upon merchan.
| die imported from Egypt to Rome in one year
amounted hundred and thirty millions OIL
dollars, which was more than the Whole OF the com
merce of Europe at the present day. He then pro
| ceeded to account Tor the law of marine contracu
not being mentioned in the code OF Justlnlan. III,
said it was not intended by that code to abrogate o
supercede all local laws, and 1t was probable that al
questions arising out of marine contracts, were de
cided by local courts specially established tor the
| decision of those questions Hence 1t was not tt
| be concluded, that the marine contract OF insu
rance, was unknown TO the anclents.
At the conclusion of the lecture, Mr. Duer stated
| that sufficient number of subscribers not having
| been obtained, he could not proceed with the
course but he said that h. would either return the
subscriptions, or proceed to give four lectures
| which would cover the amount he had received
| He then left the room, after which meeting was
| 1t was moved and seconded that Mr.. Duer be re-
quested to give the four lectures, and that In the
| mean time measures would be taken to have thu
| subscription list filled.