The New York herald., 1871-02-18
UNITED STATES SUPREME COURT.

Napoleon ILL.,, Emperor Of France-The
Right Of the French Sovereign Maintain
Suit in American Courts.
wAsnINGToS, Feb. II, 1871.
No. l32. The Ship Sapphire, &c, The Emperor of
French Napoleon H-Appeal from the Circuit Court the
District of Caornia.-Tne opinion OF the District Court
below where this tried, states the of the
foows-Abou. five O'Clock the moInin. of De
cember %, 1867, a collision occurred in the harbor
between the French Eurya,e and the
American ship Sapphire. The French vessel had
been anchored the l4th by Captain Harrison,
the Mare Island pilot The sapphire anchored
four days subsequently, The distance between the
sells when riding the abb tide varousy estimated from
cables length ninety fathoms) to $50 yards, about 1876
athom The AYERS that the about 800
The dragging OF the sapphres anchors officers
and crew did not exercise proper care and diligence to pre-
denies hs. the Sapphire dragged her anchors and
without any fault the part Of the latter and solely
py reason 81 the tsn; Of y the ocers Of the Eqryale
the collision gale Of unusual violence from the southeast
Sapphire was moored in direction from the
the EayaIe She therefore, dead wiadward Il s also
Sapphire contac, the sarboard side Of
e which struck the other. The Euryae had about
afty,six fath1ms Of chain out to an anchor
tonnage The Sapphire had hity fathoms Of chain
tmony conflicting, the either in
AL Tespscts consistent Both vessels had full complement
OF chef de division, petty officer, who commanded the
to the officer duty anything occurred Reports appear
to have been made from time to time during the night
the officer duty came on deck on several The
mates OF the Sapphire appear
during whole night collision.
After a careful examination OF all the brought
the evidence the Court arrived the conclusion
Sapphire occasioned the collision drifting the
Eury ale. She also found be fault occupying
berth vessel already anchored, not having
dropped second anchor by which her veerng would
have been prevented decree accordingly entered
for the French ship FOR the amount required repair her
and costs. On appeal to the Circuit that decree
was affirmed, and the canse comes here, the appel
lants insisting that the Court erred in Its determination
rights OF property OF which have destroyed injured
by citizen of another country cannot maintain suit against
such citizen the judicial tribunals of country which
the citizen belongs to compensation for the injury
The remedy and The only remedy OF the foreign sovereign
by diplomatic between
two countries Tue repose nations, said, their
intercourse with each other cannot be maintained II
eregn rights TO De asccrtained and adjudicated
by suit 10 the of foreign sovereign against
private citizen by whom they may have been violated.
The appellee at loss TO know how counsel for the
peant could have fallen into and II s
maintained that in Great Britain the right OF the foreign
to in all the courts Of that kingdom
always has been recognized and with the assertion
Just cause Of TO the aggricved government.
The rule ia recognized BY the tribunals OF
Continental Europe especially by France behalf of the
United States Exposors of the law of nations declare the
rule that while foreign compelled TO
enter the courts of defendants may as
plaintiffs and the right has heen repeatedly by
the courts OF the United States.