Polynesian., 1862-01-18
Ghe polpnesian,
SUPREME COURT.---In Admiralty.

Chief Justice Allen delivered the opinion of the
Court.
This is a suit ad rem against the ship BENJAMIN
Rush for seamens wages for services performed on
board SAID vessel on a cruise whaling
1t was originally instituted in favor of F. A War
ren, William S. Beckwith and George Edwards and
by the decision of the Court below, the libel dis
missed TO said Warren, but sustained as to Beck
with and Edwards. From this decision the claimants
appealed
The allegations in the libel of the contract of ship
and the service performed and of the quantity of
oil and bone taken are admitted by the claimants but
they deny that the appellants ever made demand for
their wages, upon Captain Fish, upon any other
party having authority in the matter. They further
that it is the custom to pay all foreign seamen,
from American whaleships at the American Con-
sulae, which they offered to do and, further that the
libellants have not procured their lawful discharge
from the vessel and therefore have right to appear
in Court and sue for their wages.
The Consul of the United States filed protest against
the jurisdiction of the Court in this case
1st. On the ground that by the zlst Article of the
French treaty the Consul of the United States has the
exclusive jurisdiction of the matter and things COM
planned of in said libel.
2nd That by the comfy of nations the jurisdiction
ought not to be entertained.
The counsel for the respondents presented the follow
ing in the and behalf of the Commissioner of
the United States the trial Of the appeal before the
full Court, viz:
Frst-The GoveAmen United deny right
jurisdiction Of the Hawaiian Courts in all matters OF difference
between American citizens, attached to- American
ships in all maritime matters without the consent Of the parties
against the protest of American officers accredited
to this Government
second-The United upon
its Interpretation Of its laws treaties and Constitution
bes the internal order, discipline and administration
American merchant ships in all matters whatsoever and
particularly when the country involved
While do not regard in accordance with for foreign
ocers invested with diplomatic powers and in diplomatic
paciy impose their objections to the of in
Court in the nature of protest. yet will waive this OBJ
lection, and give his points the respectful consideration which
their legal force and the eminent from which they
may be well to review the principles of the maritime law
recognized by eudcia authority ofoher nations especial
by the nation under whose flag this vessel sails then
anime the 2s Article Of the French treaty to how far these
principles have been limited in their application to this king
For brief review maritime jurisdiction,
will refer to the decision Of this Court in the Of Enos
Soue reported in the POkHeSidR December Is,
| ls6O:
Parson's who eminent American urist, that
Admiralty Court has full jurisdiction suits between foreign
the subject of the controversy is of maritime
1t is however, question of discretion any
the Court will not take cognzance Of the justice would
be as well done by remttng the parties to their home FORUM
He further that it in of seamens that the
power Of the Court frequently invoked, and well
settled that cognzance OF suit viii be taken when justice de-
mands that should be DONE when the broken
treatment be discharged
of deviation" will advert of the authori
Parsons Maritime Law, , vol, 81
learned Chief Justice the supreme Court of the United States
1t is true that 1t is not in obligatory upon
ships right duty doing regulated
with particular nations by But general rule, where
contrary, Admiralty always enforced the lien
where it was given by the law OF the state or nation to which
the vessel belonged In TINS respect the Admiralty Courts act
International Courts and enforce the lien principles of
comfy There be- and sometimes have been which
Court special interfere
between the foreign and shOwner but that always
jurisdiction OF the Court In Ellison ship Belona," Bee
l12 say Admiralty have general
Jurisdiction causes civil maritime. The of seamens
wages within this description causes; and this urIsdc
ton been uniformly exercised by regards foreigners
generally" In Pugh Gillian Calf, where plain
tiff British subject, shipped time, and discharged
by the master days before the time expired because the
vessel about to sail long held that he
could sue in our Courts though the vessel and sspsn were
the Court That the foreign lbelant regarded not
right; where the Court satisfied that justice requires its
nterpostion in his favor those powers be- and will be- ex
erican, fully sustain the doctrine Of the Of the Admiralty
Courts to entertain suits between foreigners whe at the
cessity tS prevent e Of justice the duty imposed
ercise the jurisdiction Courenay,' Admiralty
Rep 239 the Wilhelm Frederick Hagg Adm. Rep. 1888;
Wiendson The "TOrsOmet" Peters Adm. Rep 1856 in
Rep, 96. In the of JOhns Doan COwen, 5i3,
which was an action by seaman against master both for
egners for assault and battery committed on shPboard the
Supreme the State of New sustained the jur
the high board foreign vessel; but
principles of comfy well to prevent the frequent and
erection in entertaining jurisdiction not according to ccum
stances"
In the case of Davis us Leslie Abbo's Rep 1884, Judge
Belts says that be the settled understanding and
init their jurisdiction to be invoked as matter of right to sustain
brought by foreign against masters being
foreigners against foreign vessels In England indeed
of the representative of the Government to which the
seaman belongs required before the courts T 10 en-
Rep, United States this precau-
onary condition is required and jurisdiction will ord
nary be exercised II the voyage mas Deen termed Dy iu
completion abandonment if the contract Of hiring is dis
In the of the Bee, Wares Rep, 357 which was for
salvage service motion made by respondent to dismiss
BILL because the parties the both belans and
pondents foreigners and subjects OF the kng OF Great
Britain because the vessel only British vessel but
was by
waters brought within the jurisdiction Of the Court
said The Courts Of this country are not bound uris
between foreigners having dOmicie
in this country they when parties are citizens or residents
among thus entitled to claim Of right the benefit of
question affecting the competency Of
the Court but 1t turns upon the e1pedency o taxing
this particular caSe In the Of the bark HAVANA
John, Brunswick, and creditor of his who also
British subject and residing the same place. instituted SUIT
vessel then lying in the port OF Boston, and afterwards re-
judgment and took execution by virtue OF which
the vessel was sold purchased by CREDITOR
whereupon the master beed the vessel Tor nus wages y virtue
of the IL Is Victoria, which gives lien to
his ship for his and Judge sprague eminent
experience in Admiralty, ruled that the District
Court may but not bound TO- exercise OF
subject against British vessel and that the lien SO
given may in the Admiralty Courts Of the United
Staes Vol Law Rep, l5O The ship arrested and
sold application British CREDITOR who had no security
and another British subject having lien gave para
right under the British law appeals to the Court for
tribunals the inferior and subordinate
claim subject and to refuse the higher and para
mount claim would be only doing injustice to
the lbeIlant friendly might well complain Of such
perverson her law by partial administration OF it,
Supposing, example, the Of the Benjamin Ruh
Of her, her master bad succeeded IN getting ms
and ships by misrepresentation and was IN
of sailing without paying the crew whose contracts ter
viii not be denied that their claim OF mari
time will it be contended that the Court OF Adm-
raIty enforce such camY There
practical the necessity Of taking jurisdiction TO pre-
vent failure the at the home port for
OfthOse made at foreign port Tor cruise 70
If the lien is lost at the foreign por
IL probably for it is not within the range OF
probabilities will have another opportunity TO
scott q n
Friends Rep 27 250 " II is the only way OF enforcing
the best security, Of lien the property e In the
case Of Jerusalem" Gall Rep, 19s Judge Story says;
That has been dissolved BY the regular ter
minaon voyage. by the wrongful act OF the other
unequent in which foreign Courts nave
sustained claim for mariners wages" The Catherina
I Peters Rep, I04; the Forsome" Peters Rep, ls1
. -. P.-. u I..ica l,urt.. Of