New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-12

guessing him 70 come up 20 Lpudn without delay, snd
give such explanation would meet the charge made
By be Southampton Magistrates After the receipt Of
tt.s letter long correspondence took place bstEeen
Mr.. Croskey Ar IDgerso and the Blush Minis,er
which wss subsequen y aubmitted 10 the Government
az Washret,n the resu1 Of ehich vas that Mr. Secre
tary Ev,ret agreed with The British Minister that an
American vessel within tie waters Of rea, Britain is
subject the lsFs OF tLat country that the Aneroa an
Consul ard Captain Higgins we're wrong in dis2utinC
TIE Jurisdiction Of the Southampton Magistrates in not
surrerderng tie mate Of The Hermann 1T being
admitted, says Mr Everett, TIA, if the ship when
boarded by The police officers, was within the local
jurisdicrion Of England, 81 attempts 70 resist them
we're unlawful ano would form just matter ofcon-
/ plant on tte part of the British Government
Now this. " say = a principle in Maritime Law,
and much as We respect Mr Eyeretts opinion We deny
Z thar It has sry application vbatever 20 the case in
hand We doubt whether Nr Everett or The Eaglish
Secre sTy Of State find authority in any work on
the subject Of Maritime Jurisprudence for depri7lag
tbe Captain Of the command Of his vessel after she has
entered foreign port, this decision seems virtually
% Do.
Tie grounds taken by tie Consul and Captain Hig-
gins FOR resisting the Southampton Magistrates are Two
First the above stated principle, that the deck Of
American vessel is fguratvey least 70 be regarded
American soil AID chat therefore those Magistrates
excluded from interfering in cues ion that r-la-
ted purely to The discipline Of the vessel Secondly
thar the Hermann be ng employed in the Transmission
Of he Government mails, and commanded by an officer
commissioned by the General Government. Is entitled
TO all the rights and mmun,ies of anstona vessel in
foreign port Upon this ground which IS rather tech
nical and constructive DO not lay much stress bat
the former We take to be sound aud strong much more
indeed han that taken by the Eoglish and Amer-
can Secretaries. if indeed they have taken any We
have carefully perused the correspondence aud cannot
find thai they have favored the pubic with any reason
for their decision which to be very muck their
own conclusion unsupported By argument or authori-
ties
There is n doubt tba, American vessels in foreign
port msy in particular instances become amenable TO
the local authorities. r. for example, the Captain or
any OF Der crew should 60 On saorc and commit a
breach Of tie pesce, ei,her among Themselves or
with the tCwuspeople they are Wi,hn the jurisdiction
Of he local authorities, simply because the acc is
committed on shore. On thIs principle lie men OF the
Sandman fricate were lately arrested on board that
ship n our harbor. Or the Captain should enter
mo contract with subject or ci.Izen OF the place
the local authorities compel him fuhl h.. so ii
one Of the citizens goes board MA vessel and while
there is assaulted imprisoned. tae horites can
punish tbe wrong do.r Breaches of revenue laws
by Captain bis also cogazable b., the
oc5l us -strates but sho ever heard tnaJ hlra up
be.Vetn Two American sailors on the deck of their
own vessel could be tortured into breach of the laws
OF Eo.laId o. who ever heard thar # d refractory
Cool or Steward threw cups Of coffee into the Captains
OF Maze face, that instead Of being allowed 10 pln.sh
him Themselves, tLey should he o5laed 70 z, 70 a
magistrate on shore ard claim his protection sup
pose that three OF tle sailors simply refused
DO heir duty aud thai the master AFRAID ,nd-r tbs de-
cision to rake the matter into bis haods should
sol, 70 the local magistrate and make his COMPLIANT.
N breach OF tbe peace any other niac,ion OF tbe
COUNTY, laws having taken place he magistrate would
probably decline interfere Ga the other hand il the
Captain attempts to tihc themsrter nto hsogu hands,
ind to uiorcc .cipline, the same mag.-rae come,
in. in his case on board Ire Hermann, TO sopy
What be- rhnas 10 be- the laws of England. Tie con.
sequence hat he yoyage ofoaen Up, the if
no5 runsd pecuniary injured, and tae public are
seriously incoryeniesced
BIT tie whole of the rscL ef THAI he new doctrine
may nfic; tAe shipping interest Of the United
sCe-es is not Yet told Let take an us-ra.on Of
the .yl The case we are c10sdes.ng. TIE Hermann
Vas Douud 10 sail on the l0rh November uoder con-
s.dt liable penalty She WIS insured for large sun.
and one Of the conditions of tbe policy WAS tia. the
Captain should Layea Flrst Maze competent % Take
charge Of the ship n case anything happened 10 himself
On rhe CAV previous 20 the DAY OF sailing. one OF the
crew 70 punished for misconduct by re mate the f
Captain approves Of lis and puts the man 10 Irons
tbs French Vice-C nsul comes BOARD the course
Of The DAY Representing himself 10 he Massrra-e Of
tie Boroulh: he hears fll account Of the transaction
from tie Captain. md declares him.e'f satisfied bu,
be goes directly after 70 the justices Cour, When Is
len in session and upon bis Parte representation
without oath or be coudnor swear 70 facts when he DID
lot see he Justices first instruct tn Collector OF ne
P0r- 70 detain the Hermann. they next grant Wl--
rsut Tor the arres ard detention OF the mate and place
n TIE hands Of their police who 90 on board 70 exc
cu-eir Nov f. f. clear that u the intention Of the
Magistrates Is carried ou- Of $50 tags mus. hap
pen he vessel mus. be detained by which The peuai'y
would be- incurred and the owners damaged 20 he ez-
rent Of f.. Whatever .la- meh- be or the vessel sails
hour he mate the insurance is .ori-ired and 10 The
event Of Ter being wrecked The oTuers aa' confsnee'
nus, alone besr --4 loss Of tie .tP and cargo.
Actor Mr. CrosL,y 5, tie Consul, -e has Led .-- POS,
a. Southampton or some eight or liDe ys4rs -e last
-4Iee ~ fur Of sl.cL, ac10riIe. 80 sccoul 10 Che .
yuoic journals Dee bas pretty 5ela lal ag
Ei,h tle Cc-lo.4,l OF --ar lucen, borough. IL Las
t-u-ed a. g-e- q. their civic isasts, Vlers ne aas
usds speeche5 ID praise Of lie worthy Corporation
totL collectively --d iod7.d ally. lie has .aldsc BIT