The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-10
The Consular system.

sv,ERro. CouRr-sven Norterg, plaintiff in error vs.
Peter O. Hgreu defendant in error Opinion Of the
Court, delivered in Banc Dec 26 lSa6-By the Court
g. Jones, Chief Justice.
This comes before Us certiorari to the Marine
Court. The action is assumpsit, brought by Hlgreu,
plaintiff in the court below, for seaman's wages The
defence that was interposed and the only defence on
which any reliance placed was that these wages were
earned on board Of Swedish vessel, of which the de
PENDANT below was captain and psnth OF the crew.
and that by provision in the treaty between this coun-
try and the government OF sweden aud Norway, the
courts oths country have jurisdiction in such cases.
but that such clams are cognizable only before the
Consul OF the country which vessel belongs The
clause of the treaty Is as follows -
THE cousuls, vice consuls or commercial agents or
the persons duly authorized to supply tne places shall
have the right SUCH to sit Judges and arbraors in
such differences may arise between the captains aud
crews Of the vessels belonging to the nation whose in
terests committed to their CHARGE without the inter
ference of the local authorities, unless the conduct Of
the or OF the captain should disturb the orders OF
nnspis or Commercial agents should reoure their a.
stance to their decisions to be carried into effect
supported II is however understood that this species
of iudg ment, arbitration, shall not deprive the
tending parties of the right they have to resort their
return, to the judicial authority oftheir country"
Notwithstanding this provision the Marine court gave
judgment 500 and costs for the seaman and the ques
ton called upon to review TO- whether this
does or does not come within the treaty
We of opinion that 1t does within the treaty
II OF great importance to American masters of vessels
in Sweden that they should have the protection of this
clause prevent the interference OF The courts of Swe
den with iher crows and under this clause they have
the right to claim that no ono but the American cousa
there shall have right 10 adCdcete such differences
as may arise between them Now, IL our vessels in Swe-
den this right there, of course ought as fully
extend the protection to Swedish captains here
In this the lscts clearly appear that the seaman
ia swede by birth, and he is alleged to
have deserted ons former voyage of this YES.
sci in this port. When the vessel again cane
here he voluntarily shipped and on her last return
here again lett her without permission, rad then inst
suit for his wages since his last shipment tue
consul the time, having caused proceedings to
be instituted have him arrested seserer No case
certainly could more directly and fully within the
treaty. II commended by the counsel Tor the seaman
the fact Of his having the last time shipped in New
York takes the out Of the treaty. and that applies
only to the who originally shipped in Sweden
Such construc ion OF would be entirely too narrow
OF shipping sailors in foreign ports by vessels
OF all nations is general aud necessarily must exist and
persons VINO thus ship voluntarily, bring themselves
under the government and jurisdiction OF the country
on board whose vessel they ship seaman has no right
appeal to the here long as be belongs to
Swedish vessel
The attention Of the Court is directed to part OF tho
JUSTICES return mpung fraud to the official ects OF the
consul in the Of shipping the sror. We see no
grounds imputing either fraud or improper motives
TO consus ell he did appears to us clearly to
be what his official duty required, and no more. And
even ii a foreign official should ct any time fail in his
duty national courtesy should prompt the courts here
TO make them the subject Of unnecessary Comment
Judgment reversed
e A. Nash coun,el for the seaman; F. 8. sallknecht
counsel for the captain and the Swedish Government