Polynesian., 1862-01-18
No. 3S.

boslon, An action was commenced in of personal
damage and the English Consul filed protest ursdc-
ton, setting forth that the British vessel and tSe
of the alleged causes Of damage must ca in Sneon
official acts and conduct British unctOnary in regard 10
ment Mr.. Justice Curiss, giving his opinion said II is
true this Court should not caR question British Consul for
port 1t is correctly stated in the protest he is responsible
sbty grows the municipal laws Of his countrx bb
this Court would not undertake administer But it does not
follow that the conduct of the Of such vessel pro-
curing the official Intervention Consul upon false aers
ons to the injury of an American citizen by imprsonmentn
foreign jail is not to be here That depends on
other considerations and dnguhabe from any other
wrong done by the master which this should take or
according to the national character and do
mee Of the parties and the place of the voy
So9; the Salaca, Hagg., 262; the 'MadOnna" Dodsen
y. the Two Friends" ! Rob, 2Il the Johann Fried,
I" Jerusalem" Gal. R., I9I w. '1'
The Court fails or application of the second
point in the Honorable protest The Court does
not call in question the official duties, official response
sound which We do not cOntrove that the United
properly insist on its Interpretation Of its laws
constitutions this Kingdom will undoubtedly insist the
doctrine as applicable to its laws treaties and
Under this exposition Of powers, the construction of the 9
Article Of the treaty with France made by Court
the question, that the of mariners wages arising
voyage which terminates at this port within jurisdiction
as Dy our construction OF the treaty does not vary
the maritime law lessen the jurisdiction of Courts upon
contended further that the country is
involved in securing the fees and portion wages
Court should not exercise jurisdiction. statute
United States has been adduced making discharge
ditiOn precedent TO settlement for wages.
ar as this argument appe il is the same whether the set
tement is made al the Consulate the counting
the owner by mutual agreement the claim enforced By
adjudication of this Court The Consul understand
the record regard his official duty to make
the calculations aud settle the accounts only
the disputes between and seaman any exist They
are at liberty TO settle where they please and the
satisfactory themselves. The discharge matter for
the seaman attend He requires pro-
tecion 10 himself To enable h 10 receive the two months
extra in allowed by the laws OF the United
Sates and to permit remain in the kingdom for
sixty days But II argued that the discharge should not
be given till after settlement, this would be used
incentive 20 procure IT. and thereby enable the master
for his If the negects, after settlement,
his discharge the master protect himself by
revenue, the fee for this service believe
for discharge the will suffer, neither will
the master, for he pays the fee in either
Reference has been made TO laws the subject, but
they only nterict discharge unless
cured from the Harbor Master permit remain in the king
dom for sixty days But the question the Court
any il uence for the power enforce discharge
lists after, as before, settlement.
By law nations jurisdiction of all on the
high belongs exclusively the country
vessel belongs and under whose flag she sails but when
crimes and msdemeanors are committed within the jursdic
ton OF another although in enforcing discipline and
order they cognizable by that and the
cused could not be tried by any other jurisdiction By this
yielded the exercise jurisdiction of
this extent unless invoked by the Consul nation
do not regard the case OF arising from con-
tract which terminates here this dOss coming within
what's meant by matters Of touching internal orer
expressed the The practice of the French
in always shipping for the and dcharg
they incur the Government is in contrast
practice of the American marine, well the obligations
construction of the article extent which its lar
practice under any other marine, would not
In the whaling service full frequently shipped
this for cruise for the only and although the
contract made here aud terminated here yet generally
settlement is without appeal Court We claim
however that the jurisdiction exists and that in the
discretion of the Court when exercise The Hawaiian
subjects have claim the Court and has the dOmced
a-ngreaer certainly than the foreigner In this the
beants sailed from this port where they made their con-
and where termnaed this suit arises from the
tract to pay wages Tor services rendered on vessel
and must be governed BY the principles OF maritime law
and not by municipal law. Here the cruise had terminated
by full performance all the duties required by the
tract was instituted mere o he speehc purpose OF sea-
whaling in the North Pacific, with the
entirely case applied
ofthe Court the exercise of jurisdiction from shipment
of the latter class of unusual Circumstances and which would
lead to utter failure of JUSTICE induce the Court 10
uTiSdctOn but that they have the jurisdiction is
clear other principle of maritime law and which this
kingdom, from her position in this great cannot
render while she retains appreciation of the high
poses, duties and obligations OF an Admiralty Court.
Mr.. Benedict in his Admiralty Treatise p l59 Sec 2s2,
SAYS There have attempts England and in this
country TO establish exemption rom ursdicon in favor
OF the seamen of foreign merchant ships has been some
placed the ground Of the comfy of nations
times the fancied ground that vessel part OF the terri
tory the which she belongs sometimes the
ground that there be no jurisdiction in such with
the of the Consul other diplomatic
i've of the foreign nation 10 when the seaman or the vessel
belongs all of which fallacous There such comfy
of understanding within the territory Of nation without
jurisdiction and officer of foreign government
destroy the jurisdiction ofo Court Some e1emP
by the established and immemoal usage of nations and
they do not apply TO persons and property engaged in the or
nafaI intercourse and commerce, all persons in time Of
na bs ma, saanen ~ he for tbs nToIerfnn of their Tohfs
The jurisdiction of the Courts them complete, except
when it is excluded by treaty"
Judge Belts says Booker Koskgetu, Alb
bots Ad. Rep 4Os in respect, indeed the American
Courts show greater favor TO seamen IN these cases than
do the Courts of Great Britain tor the former proceed,
spectve Of Interference on behalf of the seaman by his
Consul other national representative, whilst the English
Courts would still ia insist that the sanction Of such
officer shall be procured unless the nature OF the for
bids" He further says that this precautionary condition s
required the Courts of the United States and that u
rsdcton will ordinarily be exercised the voyage Is erm
ated.
thas been cOntended the 2lst Article of the French
force and effect the th Article Of the
Convention between the States and France The
latter has reference To the OF mat
difference between captains officers and crews of
chant vessels Of their nation which arise not only IN
and particularly refers to the adusme Of
and the execution cf cOnact whereas the Article OF
treaty confines the Consular cognzance TO the in
order board aud this shall be exclusive IN cases
where the parties exclusively Of the nationality of
vessel local authorities shall interfere unless
gered This condition renders conclusive that the Article
did not refer to the high seas and equally conclusive when
refers to crimes misdemeano and other matters OF dher-
relation internal order. The intention TO
hnquh the exercise of jurisdiction port over crimes and
invested with the high that each should enjoy the
on the high port. This REIMBURSEMENT Of
exercise jurisdiction by each nation to that extent
we'll all Of difference of internal order said
vessels port which refers the discipline and general sd
minstraion on board has no reference to the adjustment
tanned the sth Article OF the Convention between the
By reference Article of French treaty, will
be that the ample protection guaranteed TO the
subjects countries especially their the
tribunals Of justice in degree Of jurisdiction established
by the laws. 1t is in these words:
V-TheIr respective subjects shall enjoy, in
both and complete protection for their
They SHALL consequently have free and
the tribunals Of justice prosecution and de-
fense OF their rights instance and IN all the degrees
OF Jurisdiction established by the They shall be
liberty employ, in all circumstances the advocates soiie
agents of every class that they may tnk proper in
they shall enjoy in all these respects the rights
privileges which may be granted native sub
iects''
By parity, Iibeans must enjoy the advantages Of
unless they controlled by the 2st Aee
which, view they not, and regard il
singular thar such forced construction should have
been placed this Article. Many ships which visit this
distant and and engage
this for seasons cruise, who 70 be discharged
the before On completion Of the contract,
refuses pay the due 10 the
Consul having judicial power, he cannot enforce the
and the without remedy, for he cannot