A merchant vessel enters this port. If a friendly state, and enjoys the protection of her own government, and is under the jurisdiction of her new government, not in derogation of the sovereignty of the place, but by the free permission or allowance of that sovereignty. His permission or allowance is founded on the comity of nations, like the other rules which have been mentioned; and this comity is part, and a most valuable and important part, of the law of nations, to which all nations are supposed to assent until they make their dissent known. In the silence of any positive rule affirming or denying, restraining the operation of foreign laws, their tacit adoption is presumed to be the usual assent.
Much has been said to be a correct exposition of the law of nations, and utterly applicable to the case under consideration. That this not only is the law, but should be so, and that it is the true policy of Governments, I think, may be easily shown. The House has known this, and has made positive pronouncements to this effect, not as I conceive because it was not law previously, but to remove all question, and to make assurance doubly sure.
Your Excellency alluded to my remark that "this is not the only case of this nature". I made reference to the "Florida Bond" in September 1857, and the "N.K. Palmer" in March last. In the former case a man had been confined on board by orders of the American Consul. The police threatened to remove him from the ship.
Page 270
Page 172
14
has been kept, as it seems to be a page numbering or reference, though not in the standard six-line format. If more context is available, further adjustments might be needed.هان
A puerchant vessel ontere this fort" "If a friendly state, and enjoys rolride there o the firdestion of her none houve, and is "under the jurisdiction of her new grow "ment, urt in derogation of the
• Invereignty of the filce, but by the fire =
In
or
pre-
"1
"
"_Inned permission or allowance of that " Sovereignty. His permission is allarance is founded on the couity of portions, like " 'the other sowed which have been prent " tioned; and this comity is part, and a " " most valuable and important pont, of "the low of natione, to which all nations " are forcommed to ascent until they make " their divcent kumon. In silence of any " " positive rule affirming or denying, "restraining the speration of foreign lows, "their tacit adoption is fireemned to the" "noual sstent".
Mives Jamiecive to be a connect esferaition
교
7
270
of the lour of nations, and suterely
applicable to the sovse under exvideration.
That this not only
is the law,
but should be do, and that it is the
Remove out
tree policy of Governments, night, think, be eavily Mann. House has ken this, and low made positive poitments to this effect, _ not as I cnvecive because # was
not low-firesinely, but to all question, and to make assurance dobly sure?
Your Excellency alluded to my rework that "thive is not the only ever of this nature pe Mead reference to ther
thire the "folma Boted" in September 18574, and the "N. K. Palmer" in March last. In the former cave a man hond ken capfined board by ordere of the Mineriann Cmoul. The police threatened to remove lime from the ship. The Covent, M-
172
L
14
No comments yet.
Private notes are available after approval.