The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-30
LAW Intelligence.

CAsg OF IHE BsrisH BaIo AcsAH-Co-,uL.s Pow
Ers-Tbe Philadelphia Spirit Of he Times OF the 18th
int contains the following decision relative to the
case 81 the tesmen OF the British brig Acsah in hbfl
for wages against the brig aud the interpretation Of the
Brtish CsBsu denying the right OF American court
or Is ne BRUSH Bris .qchsal-The libel in this
for wages under contract made at Sunderland
England, by the hbslaut, to perform voyage the
United Ststes, and 20 return plea 10 the jurisdiction
was hled ny thomas Aibone Intervening for the
on the ground that the proceedings had not the
saDction oftbe Britsh Consul The iibsnt supported
bis claim; 6rst On the ground that the voyage had
b.en broken ~ by the arrest OF the vessel Second
that he had been discharged from the vessel By the
Bitish Consul ON account OF i'll usage received during
Judge kass The plea to the jurisdiction must be
dhmiss.d There appears TO be very erroneous i'm
prsfson cut Of doors 20 Consular rights In matters
Of Lis Mind Cousuls neither confer take Tsy
juri diciin q this court The contract IL msrti
and u y competent for a court, sitting in any
country 60 deci6s upon u II it appeared from the
plsadit In evidence that 1stice could be me
here sectusly between the parties a. IL might be
In thsr b. me county then that national county hitch
y rtccguizsd in every country, principles OF pub
c policy would seetn to require that parties be referred
20 their home tribunal unless the Consul Of their ma
ton should ssk adj cation hsre but u has always
been held hst ~hefe the vessel Is within the jursdic-
ton Of the Court aud the voyage has broken or
tht tamen discharged the court within whose jurdc
to1 the property L. will the case asi this al
though the onsul Of the foreign nation not consent
or even 'houd object Should refuse TO ser
ciss such jurdctiun uaDif injustice would arise by
master having the power % discharge seamcu white
abseut from their homes pennyless aud without ths
means 81 redress Judcisy. are scIuaint.d With
Consular ourts aud " such exist D. the Laws Of
foreign nations. their not recognized nor
the, be entered Ia this any other cOuntry In
thuse countries where consul H. permitted G. Inter
vrne aud Obi, CT IL T. done natter Of right aud be-
cause the foreign tribunal believing that ample
justice b. done In the home courts. will refer the
parties 10 their home tribunals In all real aetisns Of
ire evil law the proper forum IL the locus
voul0 b. M just ia this TO send the nbssnt home
to s,tk when the every plank Of
Witch be has the first claim may be kept here sui dis
uibut'd among creditors The refusal u hear hi.
tr me r'tu al OF an English court 90 hesr similar
case from this country would be disregard OF that
national comfy uhich should always be recognized
ma'much a. u would be denying n party the best
n'aht ~ Obtaining hi legal rights Ia has been the
universal tbe ~ The British courts 20 exercise ths u
risdiction sud IN dong a. they have ren4erug
butjostce 70 American seamtn Except this court.
tbs instance had poser % pat the master under obi
CATION % return % bis country aud take with hin the
W 81 apd vine sfs necessary 20 support the libel
laBts there queson but tbst u .t,os an be
done h,Te more efec,usiy than by reference to the