"Offices prosecuted as criminals,
" Commercial intercourse___ will be subjected to my great annoyance and serious detriment.
Upon this we can only observe that until the subject is dealt with by some mutual reciprocal enactment, which would warrant the intervention of the British Magistrate, an English Ship must receive the like treatment when securing a merchant ship in a British harbour, if it is secured on brand.
It is true that if the law of the U. States does in certain circumstances justify violence by an American Merchant-Captain towards his crew (as for instance the infliction of corporal punishment in case of drunkenness or refusal by a seaman to do his duty), which may be considered as incorporated into the Contract of hiring where much hiring has taken place in the U. States; & a British Magistrate, when called upon to treat such conduct of the Captain as a Criminal Assault, will be justified in exercising great caution and forbearance in putting the criminal law in force, provided that the public peace has not been outraged, & serious injury has not been inflicted.
But it must be borne in mind that our Govt. cannot do more than suggest to our tribunals to exercise a sound discretion in not applying the law too rigorously in cases not of a serious character.