Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1857-11-21
Gbe 1olpucsian;
Published weekly at Honolulu. Oahu, HI.
ARIES GORDON HOPKINS. EDITOR
TO THE EDITOR OF THE PoLYNEsIAS.

lR:-Under the heading GA Stretch of An
.,y." in the 4dDertiser Of 10Th November an
y, an article calculated to mislead officers of
IS and throw odium upon the judicial and exec
Ulcers of this kingdom.
lis novel proposition that officers os ships not
srch0r are beyond the reach of the law when
n a marine league of any organized govern
Il and can with impunity resist process for
arrest, if guilty of an offense or amenable to n
suit. The Law of Nations everywhere recor-
s contrary doctrine.
L WheatOn's (American) Elements of Interna-
Lar, third edition, page 225, the law is laid
VI as follows:
The maritime territory of every state extends to
glrts, harbors, bays, mouths of rivers, and adj
Il parts OF the sea enclosed by headlands belong
70 the same state. The general usage of nations
gllds TO this extent of territorial Jurisdiction
.1ce OF marine league, or as far as a cannon
vii reach from the shore, along all of the coast
safe. Within these limits its rights of prop
and territorial jurisdiction are absolute and ex-
e those of every other nation"
-e same doctrine IS promulgated by Grotius and
-aL able and acknowledged authority on the
Is Of states; but as their works are not at hand,
state they are referred to by Wheaton as con-
i. the principle he has declared. A contrary
--2 would result often in great mischief Sup
Al officer OF ship was guilty of murder, or
'2s0le for a fraud committed by him on shore,
= about to kidnap one of our neighbors, if the
: had not jurisdiction, and the executive Off
/, uwer to arrest under their order persons so
a9i, being within marine league Of shore, it
i'd be deemed hardship not to be submitted to-
consideration of the hazard to which a ship
Il be put by being deprived of its officer, should
q against the importance of Furnishing offenders
t.ecting the liberty Of the people. BESIDES, no
5 ordinarily occasioned by the arrest of an Off
u ship that cannot be conveniently avoided.
g is usually more than one officer on board ca
Of navigating the vessel; and should there not
lis not 10 be supposed that the Marshal or his
IT would allow vessel to remain at sea with
| master, when competent persons to take
,,e Of her are within call. No practical evil is
70 occur from the universally recognized right
e government TO exercise jurisdiction for a ma
e2gue at sea.
.st0 be hoped that no officer of ship Of any
N viii act under the impression that he can
mpunity resist the Marshal or his officers in
lscharge of their duty, and pitch them over
ID supposing they would be without redress
would ind too late they had committed wrong
would be denounced by their own government,
make themselves amenable to severe penalties
ley should ever again come within the kingdom.
IS not important that the law IN relation to the
owners of ships over their officers, or to re-
insurance when they are taken out of their
should be now discussed; but should the
S1on arise, it will then be time to consider 1t.
not probable that parties who may be interested
-ct under mistake of the laws.
ASHER 3. BATES.
l2olulu, Nov. II, 1857.