The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-11-18
THE PACIFIC
Commercial Advertiser.
THURSDAY. NOVEMBER Is.

LIE uCCiclOu Va ShiCA OuceiSO AAAO Ah VAN
ha6eas corpus case of the French seaman, pub
lished in the last Polynesian and republished on
our first page, is one of considerable Importance
as well as special interest, inasmuch as it argues
and, we suppose, determines how far a foreign con-
sui can interfere in the private civil rights sup
posed to belong to every seamen while on foreign
territory.
The facts of the case as ELECTED on trial are
these A French seaman was rescued from a
wrecked French whaler by an American whale
ship, on which vessel, after five months service,
he voluntarily shipped before the American Con-
sui of this port as a seaman. After having 30
shipped he deserts from the vessel, and on the
complaint of the master, is arrested as a deserter
by the local Hawaiian authorities, in accordance
with treaty stipulations and usage. The Consul
of France then sues out a writ of h.beds corpus tn
release the seaman from custody.
A similar suit has never, we believe, before oc-
CURED under this government, and, if we arenot
mistaken, it is a case wholly unknown in juris-
prudence not that the actof shipping seamen on
board of other vessels than those of their OWE
country is anything uncommon, for we know it
is of frequent occurrence here as well as in other
ports but the position taken by the Consul Of
TIuhCC III dttCinptihS W W y AuAcs ASSN-
lating the movements of seamen, is of so novel a
character that it will attract general attention.
We are not aware that a similar case can be
pointed out in any legal authority, although a
violation of the principle involved led to the
last war between England and the United States.
The Chief Justice, in his decision, reviews the
facts in the case, and after referring to the ablest
authorities, shows very clearly
lst. The seaman was legally shipped on the
Nassau.
I'd. That he was in every sense of the word a
deserte-.
Sd. That the warrant of arrest was legal.
4th. That in civil rights aliens are not on the
same footing as native subjects.
5th. That the penal laws of any nation cannot
extend beyond the territory of that nation, and
can have no force to control the rights or sover-
eighty of another nation.
And, finally, that in II case of this kind, COM
ity does not require a government to interfere
for the benefit Of one nation to the prejudice of
another.
The case is so clearly reviewed by the Chief
Justice that we think his decision will be approx
ed by all intelligent persons here, and receive the
support of the highestlegal opinionin Englandand
France, as well as the United States. The legal
authorities of this government certainly cannot be
expected to lay down any rule or sanction any
custom at variance with the usage of those ma
tions, especially on a point which has led to open
war, and in which every nation is jealous of its
rights.
Let us see what the custom now is. There is
hardly a whale ship that visits these islands-be
it American, French, Bremen or Russian-which
has not among her officers or crew some who are
not subjects of the flag under which they sail. 1t
would he a novel law to be set up here now, that
the American officers or seamen on board the
Bremen or French vessels recruiting here have
not the most perfect liberty to sail under those
flags, if they choose ; or that the American Con-
sui could stop them from going on board every
time t .ey might come on shore. Yet this is prac-
tically the rule that is sought to be set up in this
case.
Even the Russian whale ships that visited this
port last spring came here ostensibly to procure
American officers and seamen, and the thought
never entered the mind of any one that the Amer
lean Consul had any right to stop the shipment
of such persons. On this point the Chief JUS
tice says:
There can be no doubt of the general principle Of
law, that any mau has a right, who lands on these
shores, to make a contract to serve on board Of q yes
sci of any nation, 90 far as the law of the place is con-
cerned. and that contract fairly and properly madeis
obligatory ON the parties. unless the seaman makes il
in derogation Of a prior contract"
1t appears almost ridiculous to suppose that
any such pretensions to control, on neutral soil,
the movements of the subject of a foreign govern
ment would have been set up by the Consul Of
that government in San Francisco, New York,
London or Havre. So far as we are aware, sea-
men Of every nation are allowed all over the
in any vessel they may choose, without let or
hindrance. Had the seaman Flanchet been per-
suaded, before his shipment, not to ship in the
Nassau, the case would have been entirely differ
emit. But having once shipped, he is to all in
tents and purposes an American seaman, and the
American flag il bound to protect him the same
a. if he were domiciled on American soil.
The American Consul at this port, Judge
Pratt, deserves the thanks of his countrymen, as
also of his government, for the firm and unyield-
ing stand he has taken in this and in every in
stance that has occurred here where the rights Of
his countrymen have been called in question. To
his able plea in the case of the seaman Fianchet,
and his clear statement of the bearings of the law
on the matter at issue, is due in no small degree
the result which has been arrived at. In this, as
in all other interests connected with his official
course here, he has won the respect and good will
of not only his resident ountrymen but alsoof the
numerous s~eafaring persons who visit this port.
We understand that an appeal has been made
on the part of the French Consul from the decis-
ion of the Chief Justice to a hearing before . full
bench. and that the appeal has been granted.
Associate Justice Robertson arrived from Laha-
ina yesterday, and the case viii come up for
final hearing and decision this morning.