very
necessity, and allow even a Merchant resort, coming into any port of another country voluntarily, for the purpose of lawful trade, to bring in her, and keep her, to a considerable extent, the jurisdiction and authority of the laws of her own country, excluding to this extent by consequence, the jurisdiction of local law. A ship, say the publicists,
through at auction in a foreign port, preserves its jurisdiction and its laws. It is natural to consider the vessels of a nation as parts of its territory, though at sea or the state retains its jurisdiction over them; and, according to the commonly received custom, this jurisdiction is preserved over the vessels, even in ports of the foreign state subject to or foreign dominion?
"This is the doctrine of the law of nations, clearly laid down by writers of received authority, and entirely conformable, as it is supposed, with the practice of modern nations.
"If a murder be committed on board of an American vessel by one of the crew upon another, or upon a passenger, or by a passenger on board upon one of the crew, or another passenger, while such vessel is lying in a port within the jurisdiction of a foreign state or Sovereignty, the offence is cognizable and punishable by the proper Court of the United States; as if such offence had been committed on the high seas."
Letter of Daniel Webster, Secretary of State, to Lord Ashburton, August 19th 1842.1
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