New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-18
THE COURTS.
UNITED STATES SUPREME COURT


90, ,s,oy AT SAN FRANCIsCO-THE EmfEho"
NAPOLEON sUEING FOR DAhA'Es'
y.o,,,yoros. Feb. t7.-The ship sapphire,
. r.,,,t the Emperor Of tho French Napoieon III
Appea from Circuit Court Tor the ai',io' ',
~ Tho oonion Of the District Court beiow Whero eniS
"a. yas tried states the facts OF the case az foows'
-, o,clook on the morning OF Dec. %, 1867, col
I,.r occurred in San Francisco Harbor between the
v.~ooh transport Euryale and the American ship Sap
80 The French vessel had been anchored on the 1th
no can't Harrlsou the Mare Island p'lot The Sapphire
90 anchored some four DAYS subsequently.
The distance between the two vessels when RIDING 10
the ebI.tds vanOusly estimated from cables length
100 fsthomsl TO 80 yards, or about 10 Lannon's Inc
ayers that the distance was aooui W. tne
eing OF apphres anchors and that her officers and
did not exercise proper care ana dlngenoe 10
vent the occurrence avert its consequences. The
answer denies that the Sapphire dragged her anchofs
and that the Euyrale ran into and colded WIN
the Sapphire without fault on the part o the alter
and solely by OF the fault OF the officers OF the
Euyfsle.
II is admitted that at the time OF, and for some
hours before the collision gale of unusual violence
from the southeast had prevailed III IL also averIea
In the answer that the sapphire was moorea IN
essterly direction from the Euryae she therefore lay
dead to windward II Is also very clearly established Dy
the proofs that starboard bow OF the sapphire came
in contact with the starboard Of the Euryae, near
her main-chans the contested point being IA 10 when
vessel struck the other. The Euryale ha1 about 90
oms OF chain ont to anchor OF nearly double
the size usual for vessel OF hgr "n nv sn
nsuficient The testimony il conflicting, nor are tho
statements Of either side IN all respects consistent U
vessels had full complement Of officers and men, Inc
deck the Euryale in charge or Cnef he DNlson
petty officer who commanded the watch OF eight or zen
men, and who was instructed 10 report 10 tne pce, vi
duty anything occurred Reports appear 70 nave nee
made from time time during the Ilgnt ana lhe ocer
on duty came deck several occasions Inc macs
and crew the Sapphire appear to have been on deck
during the whole night, and up 10 the moment OI cOso
After careful examination OF all the facts Drought
ont i'm the evidence the Court arrived at the conclusion
that the Sapphire occasoned the collision by driung
down upon the Euryae. She also found to be IN
fault in occupying berth too near vessel areany an
chorcd or for not having sooner dropped a sccond
anchor by which her veeriDg would nave Deen pr
vented A decree was accordingly entered LOT the
French ship the amount required to repair her ana
costs On appeal 10 the Circuit that decree was areu'
and the cause here the appellants insist
inc that the Court erred In its determination
public rights Of property of which have been uestoyei
or injured by citizen of another country cannot man,
tain suit against such citizen in the Judicial Tribunals Oh
the country which the citizen belongs TO recover co
pcnsatiOn for the injury. The remedy-and the ohly
remedyof the foreign sovereign Is by diplomatic coIIe
spOndence and arrangements between the TWO
The reposc OF nations. ID Is said and Their ntcFcourse
with each other cannot maintained IL sovereign rights
are TO he ascerained and adjudcaed by SUIT IN the
name OF q foreign sovereign, against pLIi,,atL
citizen by whom they may have been violated
The appellee ia at loss To know how counsel Tor te
aDpcsnt could have fallen into grave an error, ana
ii Is maintained that in Great Britain the right OF th
foreign Ovprnment to sue In any all the courts Of
that Kingdom always has been recognized, and even
with the assertion admission that the denial oil the
Government The same rule il recognized by the
tribunals of Continental Europe, ana es-
pccially by France, on behalf OF tne
the rule that while foreign Governments cannot be
compelled to enter the cours.of any country as de-
PENDANTS they may plaintiffs and the night has been
& b. Goodrich for appellant; Caleb Gushing for ap-
pelee.