The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-15
Card from Judge Smith, OF the marine
court.

perceived in your Sundays paper the opinion Of tho
riner and the master Of Swedish vessel for wages
earned by the former while On board the ship for about
eighteen months The Judgment Of the Marine Court
reversed; with that have nothing in particular to
do, but, It a of consequence, end will,
underand 60 to higher Court, will state the parti-
cuars of the case not for the purpose OF showing the
Judgment of the Marine Court was right or wrong but
simply because in my opinion the Justices OF the snpe
themselves up as censors over me. While acknow-
ledge their right to review and correct my Judicial de-
rsS b.r mps az SehS bavs Embraced hs
following remarks in their decsions:-
The attention Of the Court is directed part Of the
Justices return imputng fraud to the official acts OF tho
consul in the manner OF shipping the sailor We see no
ground for imputing either fraud or improper motives
even If foreign official should at any time fail in his
not to make them the subject Of unnecessary comment
Having tried this cause without jury l. of course,
based my decision upon the facts u the case we'll
the law In making out my return for the Superior
Court felt my duty the ssit Se
Captain. to set forth those facts in my return II
became in this ease seriOu. enquiry whether ether
Whether the Marine Court could deny sutton hi:
from the tesimony that the man had been for sometime
resident of this city sailing in packet out Of this port
where this vessel belonged and bound for and he
signed articles that port by making his cross show
or four lines of the shipping articles he signed read
to him by the Swedish Consul This know Is com.
method 9H Ss law
makes it legal fraud upon the confdng and reckless
sailor and allows him to annui MS contrary. Th
vessel left New York went to sundry ports and after 10
HsW York ieavnT him Just as nigh the port he had
shipped for when he first started After his arrival
mad IN tha Cons w
the arrested dsserter The only proof that he
deserter, swede, was, the Consul found the
the books of his predecessor some years
back marked as deserter. considered this evidence
too slight to warrant the conclusion that he was such de-
q Swede more particularly the book not produ'
ced in evidence considered that this did not come
within the provisions of the treaty, for the following
l-The man was not bound by the articles he signed
as they we're not AL read to him r.. mort om vh.ncs the
sailor shipped after eighteen months absence, without
having gene to the port where the sailor shipped or On
her arriving here the ended and the seaman
had right 10 leave her, and his wages for the
time he had been aboard Againher returning to this
port before going to the she was bound to- without
any necessity but for mere matter of gain devia
ton of the voyage and that by law breaks the contract
when would il end suppose this Capt never returned
TO the port this shipped for could he have retained
him for life and convert MN INTO Save M0 b v onr
State courts ii the federal government should make
hundred treaties to the contrary
treaty making power has any right to make treaty IN
erering with the jurisdiction OF State local Courts
II they have right in instance they have 10 al ana
where then is our roasted reserved state rights WAS
however mostly the principle that considered the
relation of and between those parties as
end that entertained jurisdiction in this SUIT ana
looked upon not coming within the treaty auihor
zing the consul to act judge &c. in such differences
as NAV arise between the captains and of the
sells belonging to the nation whose interests are commit
ted their charge" This is the language Of the treaty
this man longer one OF the crew; and wnen
took jurisdiction Of the cause it was not until mad
that the Swedish consul had done nothing more
in the than proceed against the as deseIter
The view have taken in this case have learned from
COED authority is the taken by Judge Belts IN tho
many cases Of this nature which have come before hm
submit respectfully to the decision OF the superior
Court the law ofhe land to govern me- for the Legs-
aure creates the tribunal correct the errors OF the
Marine Court but yet to see the first letter Oh tne
statute which authorses the justices OF that court 10
act as eensors my motives aud actions other than
those Of judicial nature Every effort Of this KIND on
their part will be promptly rebuked as It is made
appeal with confidence to those gentlemen oil the pro-
who have often raised before those delicate
questions OF national comfy ii have not at all times re-
fused TO interpose the discretionary jurisdiction
vested in the Marine Court any other than those ex
treme cases. where manifest injustice would be done II
such jurisdiction denied; and when a'foregn
official" has failed in his duty national courtesy has
not always prompted me not only to refrain from making
him the subject OF unnecessary comment but TO AID MN
in the exercise of his functions to the extent OF my ao
ty But shall forget what is due to own coun
try and its laws and institutions to crafty any foreign
official" agree with the Justices OF the Superior Court
that in this there is no ground for imputing
either fraud Except in legal before explanedO
improper motives to the consus acts. 1t would give
pleasure il could that every foreign ofcia with
whom my duty q justice has brought nc in contact
has acted with the same becoming gentlsmanly cour
tesy and ZEAL did the Swedish Consul in this
THOMAS JEFFERSON sMlTH.