New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-08-04

tative District, to the Convention TO meet Mt Rat
on Rouge on Monday mex t, to nominate candidate
for Treasurer, Auditor and Superintendent {
the Pubic Schools, has been postponed uut
Friday the 9th inst, at o'clock, p NJ. W
would be glad to see the wings of the other Dis
tricts string themselves.
LOCfL JURISDICTIO.S OF FOREfGI
POWERS.
Yesterday evenings edition of the Plea
yune contains elaborate article from tht
NewYork Tribune upon IS the rights of Ameri
can ships in foreign ports" embodying the fact.
concerning the arrest of the mate of the shr
Hermann, etc.
Our columns will not permit us to 60 into a
full examination of the principles in reference
to the jurisdiction of foreign local authorities
over American merchant vessels lying in for
eign ports.
Mr. Everett, late Secretary of State, concured
in opinion with the British Minister, that the
Captain of the ship Hermann and the American
Consul, were in error in denying the iurisdic-
ton of the foreign local authorities, and in
refusing to surrender the mate of that ship,
accused of violation of the law, etc.
This enlightened decision, SO much in CON
formity with the whole current adjudications
upon the question of jurisdiction, the Tribune
contends, does not quodrate with the settled
and well recognized principles of international
law. The Tribune, we think, is in error. The
jurisdiction claimed by the !" local magistrate .
has been fully recognized, constantly exercised,
and has never, in any way, been repudiated
Tba II
and INDUCES the practice of exercising the juris-
diction now denied by the Tribune to a foreign
power There is no principle of international
law more perfectly understood than this, that
when vessel enters foreign port she immedi-
ately becomec subject to the territorial urisdic-
tion--the laws and regulations of the nation
with which she is trading. A contrary adiudi-
cation would disrobe a nation of all power over
its local concerns. Were individuals allowed
to enter the territory of such a power and throw
off at pleasure all subsection inspired by the
local Jurisdiction, it would not only be exemp-
ting them from penal consequences, but would
operate as license for crime
The Supreme Court of the United States sus-
tanned the doctrine advocated by us. 1t has
also been recognized by Mr. Buchanan while
Secretary of State, as will appear by reference
to his dispatch to the Hon Robert Campbell,
late Consul to Havana
DEPARTMENT OF STATE,
Washington, November |, 1913. {
Sri have received your letter of the 23d
ult., referring to the case of William s. Bush
steward of the American bark 'sChilde Har.
old, arrested on board that vessel charged
with the delivery of various packages of papers,
calculated to create an insurrectionary spirit
among the inhabitants of Cuba. Your course
IN this matter is fully approved; and | have to
request that you will continue toward him all
proper countenauce and support
The American masters in the port of Havana
to whom you refer, are entirely mistaken in
supposing that it would be violation of the
national flag and national honor to arrest one of
the crew OF u merchant vessel, which had vol
unfairly entered that port, for crime commit
ted within the local jurisdiction, To use the
language OF Chief Justice Marshall, in deliver
ing the opinion Of the court in the case of the
schooner Exchange ps McFaddon and others,
9th Cranch. 144,) "When private individuals
OF one nation spread themselves through another,
as business and caprice may direct, minglng
1ndiscriminately with the other, or tcheR her-
chant vessels enter for the purposes Of h,ade
1U0nfd De obviously ineoHUeRieRt and daH-
gerous to society, and would subject the laws
to continual infraction, and the G0Uey3ihae1f 10
degradation, fsueh iadioiduaiS or merchants
did not o,oe temporary and local allegiance,
ana tcere not dmend6ie to the jurisdiction Of the
courts In the United States we should be in
sad condition if this were not the case, and if
all crimes committed on board of foreign mers
chant vessels should pass UNPUBLISHED, and all
CRIMINALS who could make their escape on board
such vessels should be protected from arrest
In the opinion to which | have referred the
Chief Justice page l561 correctly says; THE
jurisdiction of the nation within its own terri
tory is necessarily exclusive and absolute 1t
Is susceptible of no limitation not imposed by ii
SELF Any restriction upon it, deriving validity
from an external source, would imply diminu-
ton OF its sovereignty to the extent of the re
striction, and an investment of that sovereignty
to the same extent in that power which could
impose such restriction -
l am, sir, respectfully, your obt sery't,
JAMES BUCHANAN.
IL. b. CAMPBELL, Esq,
United States Consul, Havana
See Senate Documents Second Session Thir.
ieth Congress, vol 4, page SO.
- sale .he Sunreme Court az 70
soS bo.sa or or buchanan. in defence of his
100 g s Soss; sStr been reversed, and the sound
=, 800 bags as never been impugned by any
CUND reliability or learning This doe
- toDen again enunciated by the late Sc
State, and is recognized as the settled
all nations having extensive CONNER
.ations.
the Tribune quotes the diplomatic cor
pondence of Mr.. Webster, in defense of his
opposition, that individuals are only amena bic
70 the laws of the nation to which they owe
and the foreign local magistrates de-
part from their line of duty whenever they ex-
ereise jurisdiction over them for the commission
Of an ofiense against the laws of their Govern
ment- Also, that the power OF their Govern
ment protects them against all local jurisdiction
while in foreign port.
We deny that Mr.. Webster, in hi. letters.
offers any such proposition, and the very Ian.
guage quoted by the Tribune, supports tIe doo
trine of Chief Justice Marshall and Mr. r.,
chanan.
Mr.. Webster says, in letter to Lord Ashbur.
ton, in 1922
For any unlawful acts done by her while
thus lying in port, and for all contracts entered
into while there, by her masters or owners. She
and they must, doubtless, be answerable 10 TIL,
laws of the place. Nor. if her master or crew.
while on board in such port, break the peace of
the community by the commission of crimes, can
exemption be claimed for them
= Will be perceived that in the above para
-. AHs Is perfect coincidence Of opinion