Delaware gazette and state journal., 1897-05-27

olalee AIter lt6 transfer TO tDat country.
According TO the law on this point, as
stated by Mr.. Justice, Story in his
great work on the conflict of laws, aud
the American casee cited by him, it
seems that compliance With the pro.
visions of the decree which will be
read would be enforced in the Courts
OF the United States. The reasonable
doctrine seems to be, says Mr.. Justice
Story, in order to found proper
ground of recognition of any foreign
Court pronouncing judgment should
cause, over the thing. and over the
party tsection 5S6).' In proceedings
in rem against movable property with
in the jurisdiction of the Court4pro-
nouncing the judgment, whatever the
Court settles as 10 the right or title or
as to it's disposition BY transfer or
other act will be held valid in every
other country where the same question
comes directly or indiractly 10 judg-
ment before any other tribunal (section
1927. In the present case the manu-
script or movable properly is within
the jurisdiction of the Court and sub
iect to its decrees Mr.. Bayard is also
within its jurisdiction. and will now
undertake. not as Ambassador, but as
an individual, to act as the delegate of
the Court in this matter in the place
OF the Registrar, who primarily would
oe the proper official TO convey the
manuscript to the Governor OF the
commonwealth of Massachusetts,. Mr.
Whites proposal was that the Court
should order the manuscript to be de-
llvered to Col. Hay, as Ambassador, to
be forwarded by him with the State
papers to the President of the United
States, in order that it might be trans-
mitted by the President to tho Governor
of the commonwealth for the purposes
named in the decree. The objection
to so varying the decree ia that the
Court has no power TO make 40 order
on the head OF Sovereign State to
carry out any Of the provisions in its
decrees. and that such an order, if
made, would not be enfor:eabls against
the President, as far as my researches
have gone, 10 the courts OF the United
States at the instance OF an aggrieved
party. Under these circumstances, ny
duty will be to adhere to the original
decree as directed by me, which 10 sub
stantially i'll the terms Of the prayer Of
the petition and with the order of the
Prerogative Court of Canterbury made
in The matter of the will and codicils
Of the Emperor Napoleon !. -
The Registrar having read the decree
OF the Court, the Bishop of London pre-
sented the log-book to Mr.. Bayard.
and in doing so said ''It affords me
singular pleasure TO hand over tn your
custody this book for safe transmission
to the United States. Personally ] am
exceedingly pleased that / have had it
in my power to take the Hmallest part
10 an act of international courtesy such
as l am quite sure you will recognize
the handing over of this hook to be. 1t
seems to me to be of the greatest possi-
BILE Importance that document which
relates to nations history should aH
far as possible be in the custody OF that
nation, ard it seems TO me anomalous
that document of such great import.
ance to the citizens of the United
States should remain even 10 such
dignified resting place in England as
the archives of the Bishop Of London.
l am aware that it will 60 back TO
the country where it was written aud
to which it even originally belonged,
and l am quite sure that there all the
rights of any Euglishmen to consult
it will be rigidly and scrupulousy
observed. 1t affords me great pleasure
to hand the book over to you, and |
will ask you to hand it over to the
Governor Of Massach usetts with a copy
of the decree by which it is put into
his possession. "
Mr.. Bayard then said: ''No more
impressive and agreeable duty could
possibly have been imposed upon me
than to receive from your hands, as the
representative of the authority of this
government, this record nf the origina-
tion of the settlement Of the country of
which L am citizen and of which
until very lately | was the diplomatic
representative, Of it's proof Of the origi.
nal share that we had in the civil and
religious liberties which are the soul of
both countries, and which under Gods
providence are the essential and con.
tinuing cause Of their advancement and
| prosperity. | will endeavor faithfully
to comply with the obligations imposed
upon me by the decree of this honor.
| able Court. shall pla :e this document
| in the hands Of the Governor of the
state of sachusetts, TO be by him
controlled and disposed OF according to
| the decree of thiB Court. For my own
agency in this matter | can hut, Join
| with your lordship in expressing my
deap qualification that should have
been associated with such transaction
as this. u is no commonplace transfer
of Jurisdiction or property; it is a
branch of the living tree, it is a branch
Of the same tree, tho tree of we'll
ordered constitutional government for
the establishment of civil and religious
freedom among mon. So impressed, ana
with no premeditation as to the Ian.
Guage have used, but with the
strongest feeling Of respect for this
transaction and for the spirit in which
1T has been conducted, for the amIcahle
tone that should exist and that has been
proven to exist between the two people
Of the two great branches of the Eng
lish. speaking people Of the world, |
receive and will transmit this document
to those who have been designated as
its proper Custodians. "
The proceedings then closed.