The Hawaiian gazette., 1873-11-12

by influence from persons on shore tc
e make this application. Two other per
sons on board made the same application
with Wong Sow, but at the hearing ex'
: pressed wish to return to the ship, and
t did so. This act of these men is strong
evidence of comfortable accommodation
f and good treatment.
1t is an admitted principle, says Mr..
Justice Story, that nation ought not to
make its own jurisprudence an instrument
of injustice to other nations, or their sub
jects.
Let us apply this principle to the case
submitted to US Contracts are made at
Macao with some six hundred persons to
embark for Costa RIGA, and there peform
labor for a specified period for wages
agreed upon, with suitable clothing to be
furnished the parties, and advances made
on the wages. In addition TO this, large
disbursements are made for the charter of
a steamship, that the voyage may be made
expeditiously, and the necessary amount
of provisions are supplied. On her pas
sage she touches at this port for fresh
provisions and for the general comfort of
all on board under these circumstances
is it in accordance with the principles
which govern the conduct of nations to
take these people from the ship and put
them on shore at their own will, when it
is admitted that there was no cause of
complaint? or should the parties be re-
mitted to the home from whence the con-
tract was to be executed, for the adjudi-
cation of their rights?
Ac in ha Of A
ton, the Court will not take cognizance
of the cause, if justice would be as well
done by renting the parties to their home
forum.-Parsons on Maritime Law, 2 VOL,
p. 543. ...
The foreigner is not entitled to invoke
the power of the Court as a matter of alb
solute right.-Abbot AID. R., lSl.
When the Court is satisfied that Justice
requires its interposition in his favor, these
powers will be exercised.
The authorities, both English and
American, fully sustain the doctrine of
the power of the Admiralty Courts to en-
terrain suits between foreigners, while at
the same time its exercise is discretionary
with The Court. If it is case of special
necessity to prevent failure of justice.
the duty is imposed to exercise the juris-
dictiOn.-2 Haw. Rep, Enos vs.. Sowle,
SS6. HtItlltif
In the case of Johnson VS.. Dalton, II
Cowan, 543, the Court say: "Our Courts
may take cognizancc of forts committed
on the high seas on board foreign YES
sci; but on principles of comfy, as well as
to prevent the frequentinjuries that would
result, they have exercised a sound dis
erection in entertaining Jurisdiction or not,
according to circumstances.
There are nations which generally re-
fuse to take cognizance of Controversies
between foreigners, and remit them for
relief to their own domestic tribunals.
This is the general usage in France upon
subjects of controversy arising abroad. |
This Court regards it duty, however to |
exercise Jurisdiction when there is special |
necessity, to prevent failure of justice
Is there any special necessity in this
case for the interposition of this Court
If there was any evidence of ill-treatment
or want of suitable accommodation ON
ship board, the Court would certainly in
terpose; but as these reasons do not ex-
list, and the voyage by steam to Costa
Rica is but few weeks, they regard it
their duty to conform to the usage of ma
tons, and leave the parties to their rights
and remedies at their home forum. Wong
Sow cannot complain of this, for he freely
embarked on the steamer for Costa RIGA
to perform q certain contract there which
had been agreed upon at Macao. The
contract accords in principle, although
not in all its details, with those made I'M
der the laws of this Kingdom. Contracts
have been made in China by the agents
OF this Government, and vessels chartered
for the passage of the employees to this
Kingdom at large expense, as in this case,
and suppose the vessel had touched at
any intermediate port for provisions and
water, or from stress of weather, and the
Court there had interposed and set them
at liberty, would it not have been making
their own Jurisprudence, as Mr. Justice
Story SAYS, an instrument of injustice to
this Kingdom?
In the case of Holmes VS.. Bemsen, 4
Johns, Oh. r. Chancellor Kent says:
The mutual respect of nations, as Huber
terms it, or courtesy of international law,
is founded on the credit which one coun-
try gives to the administration of justice
in another, and the adoption of it wonder
fully increases reciprocal confidence and
credit" As the parties are foreigners,
one of whom resides at Costa RIGA, and :
The other is bound there to fulfill a con- /
.ract, it is not in accordance with the
Usage in any country to assume jurisdic- c
ion in such a case, when there is no cause q
If complaint. And the Chancellor further 8
Jays that the true question is, whether :
t be not wise, and polite, and just, when !
10 positive law intervenes, and when it is /
lot repugnant to the essential policy and i
Institutions of the country, to adopt the t
ule of international law which other ma I
ions apply to us, and which impairs no !
lights. but promotes general justice, and {
S founded on the mutual respect, comfy n
md convenience of commercial nations.n
-Ib., 472 1
Wong Sow and others, by the contract 3
hey made, induced these parties to char :
er steamer and to provide provisions
or the voyage, and to make them ad- q
'ances in money, and TO supply them with '
lothing. all of which amounts to a very "
arge sum, and now this Court is invoked '
o aid them to commit a great WRONG 81