Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-10-27
Letters to the Editor
a.voiu,ion,,,no international Law


To the Editor O, the Evening Public Ledger:
Sir-Seeing tnnt the Dnugherty rul-
ing on national prohibition has no"
been sustained by Judge Hand, OF 'he
United States Court for the District OIL
New York, unless the Supreme Court
shall. on appeal, reverse the rule, the
whole question Of the status OF Amer
,can shirs In foreign ports Will oe re-
opened.
The application of prohibition to for
cirn as well as American ships in the
ports of America is not so simple d
question as would appear from Attor-
ncy General Daugherty's and Judge
Hands opinions thereof. III iofe'sh
ships in American waters are 70 oe
considered territory Of the United
States, subject to the laws OF ,,ni' ih,s
nation, then American ships III Ehslisn
waters or French waters may pg .",
sidercd territory Of England or Z rug
and be made subject to the loca' i""s ~
those nations.
For Il is TO be observed that ths
ruling of the Attorney genera. Wh'tn
has now been upheld by the court. 10
that the mere possession OK lhtoNtcn''i,,S ~
liquors on board foreign 'esSui 40 ~
American waters offcnds the law OF
Tho United States because II is regard
cf as Transportation of such liquors IN
th, territory of the United States. AZ
the national prohibition law Is pe''al
law. this ruling establishes new
principlc OF criminal jurisdiction IN
international law. The old rule was
never more clearly stated than by Dam
iel Webster while Secretary OF state
who. in n letter to Lord Ashhnrton IN
1872, speaking for the Government OF
the United States, stated the doctfine,
which hns since been recognized Dy al
countries. lie said:
ut is natural to consider the yes :
sells Of a nation as part OF its territory,
though at sea, as the state retains !'s
jurisdiction over them. and accordln"
TO the commonly received custom, the
jurisdiction is preserved over the vPS-
sells even in the parts of the sea SUP
| iect to n foreign dominion. This is
The doctrine Of the law of nations.
clearly laid down by writer's of received
authority and entirely conformable. as
it is supposed, with the practice OF
modern nations.
IF murder be committed on board
an American vessel by one OF the crew
upon another or upon passenger, ol
| by q passenger on one OF the crew OF
another passenger while such vessel l.
| lying in a port within the jurisdiction
Of a foreign State or sovereignty, the
. offcnse is cognizable by the proper court
Of the United States in the same man
ner as if such offense had been COM
mittesl on board OF vessel on the high
! seas. The law Of England il supposed
TO be the same. 1t is true that the
Jurisdiction Of nation over vessel
belonging to 1t, while lying in the
port of another. Is not necessarily
wholly exclusive. We do not so con
slider or so assert it. For any un.
lawful acts done by her while thus lying
In port and for all contracts entered
into while there BY her mastere or own
ers, she and they must doubtless be an
swerable to the laws of the place.
"Nor, If the master or crew while or
board in said port break the peace OF
the community by the commission OF
crimes, can exemption be claimed fol
them. But. nevertheless. the law OF
nations, as ] have stated il. and the
statutes of governments founded il
that law. as have referred to them
show that enlightened nations in mod
ern times do clearly hold that juris'
diction and laws of nation accompany
her ships not only over the high seas
but into the ports and harbors, OF
whcresoever else they may be water.
borne, for the general purpose of gov.
erning and regulating the rights. du
ties and obligations OF those Oh boart