The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-26

Our readers will remember that while w. j. Staples
esq al at Have, he entered into suit TO test
the legality Of protest made by master OF an Amerl-
can vessel arriving al that port before the United States
consul, instead Of before the tribunal OF commerce,
whose awards by their chosen surveyors were notorious
y PARTIAL and often very oppressive 10 the shp-owners
previous decision had been made al Marsellles, but
was not respected at Havre. The suit alluded has
just been decided by the conr de CESSATION (cou of APP
peas,) and we have translated the report from the
Journal du Hdure matter OF interest TO our mercan-
tile readers According TO this decision masters OF Ane
lean vessels may go at once before the consul on their
arrival al Havfe, any French port and the ap.
poinment OF dinersted surveyors, or experts" who
shall rightly estimate and appolon any damage done 10
the ca'go and otherwise protect American Interests
We may notice in thus connexIon pamphlet which has
been published lngonvllle, containing compilation of
complaints made by American captains against other arbi
t'ay enacons and abuse OF power on The pat OF French
pot officers, which is hoped will have the effect 10 call
public attention both sides OF the water the
complained Of and secure speedy redress Mr.. Draper,
present consul ia interesting himself to better
treatment for our commercial marine in that quarter.
Msriims Jnrbprudencs.-Co Court 81 Appeals -Sesion Of
aeM Ftbrua,y-Damaga- Protesi-Foreign Cop.
fd,ns Consul
By the 2a2d and 243d articles OF the commercial CODE
masters of vessels arriving in France are obliged TO file
their protest answering 10 our notaal proests) at the
registry and before the presden, OF the tribunal de
But this provision, which is the law far as
regards French masters has authority with captains
OF foreign vessels The latter can validity make their
protests before the consuls OF their respective countries
who empowered not only TO receive these protests
but also name experts for the purpose OF examining
the vessel, and determining whether or not damages
have been sustained.
The american ship T. J. Roger, Captain burlington,
from New Orleans, having quantity OF cotton board
consigned TO Messrs Lahens CO., HaWe, arrived at
that port oath December, ls47. protest being filed BY
Captain Puuington with the United States consul that
officer named two "experls." who examined the vessel
aud reported that they found the matches well closed and
dry and the cargo well stored and trimmed but hata po
ton Of it, consisting OF 70 bales was somewhat damaged
by salt water.
Mes.rs Lahens h Co. protested against this report,
and had The vessel examined by two brokers' who re-.
ported that there damage to the OF 3t3 francs
A suit was instituted and the Tribunal de COM
ce" gave decision The l7th OF April, 1913, by
which they set aside the reports made by the experts
named by the consul and relying entirely on the repor,
made by those appointed by the Messs Lahens declared
Captain burlington responsible Tor the damages TO the
amount OF 343 francs.
2i2 and 243 OF The commercial CODE OF vessels
should file their protests with the register and before the
president oil the tribunal de " that there
distinction made between foreign and French masters
and that consequently the law applied all masters OF
vessels indiscrimnately that the filing OF the protests
and the consequent examinaon constituted acts OF urs
dIction which foreign consul was unempowered to
ecise, by virtue of the legal MAXIM oeus regn aetu
that the protest made by Captain burlington TO his
sui and the report OF the surveyors, Full and void
regarded the Messrs Lahens that they invalid
and without authority and consequently the presumption
OF bad siowage existed in full force.
Appeal by Captain burlington Tor false application and
violation oil articles 242 and 233 OF the commercial CODE
Mr. Lanvn. the part OF the captain, commended that,
in all questions where private interests at stake,
legislation could exercise jurisdiction except where
the rights and obligations of Fenchmen concerned
and that the articles 2t2 and 243 could not pos by apply
to foreign masters OF vessels consequently, foreign
ters not obliged TO file their protests with the regis
ter OF our bunas that the maxim "iocus rsgn actun
applicable only OF general interest to the
try, public order, laws OF police and surety and
not be invoked in favor OF act which only
assurers and consgnees The code, besides. provide.
that French masters arriving in foreign countries shall
he their protests not with the local authorities but with
the French consul Was not this virtual admission
that foreign here shall have the privilege
To disavow il would be 10 weaken the obligations of
reciprocity. In fine, the gentleman insisted that up TO
that tim. the principle he conended for had not been
levaied from
MIR. Frignet on the part OF the Messrs Lahens, ar
gued that the filing OF the protest an act of nrisdic
lion that could be exercised by foreign consul who
merely salaried agent enjoying diplomatic char
scer Whatever; that the protest not only constitutes
proof of damage, but is intended also to serve
~ history OF the whole voyage. and the Intervention
" magistrate verify the declaration OF the captain il
absolutely indispensable TO lie validity that n the ar.
ces 2i2 and 243 not TO be regarded a. applicable
foreign masters il would follow that no protest would
necessary either before the consul or register and The