Senate Documents, Otherwise Publ. as Public Documents and Executive Documents

a mere permission to transmit goods to the border, with full notice of the risks
arising from a state of war, and that a subsequent necessary detention of the cara-
van conveying goods into the interior of Mexico, by an armed force invading the
country, until after the success of such force was secured, was justifiable.—Ker-
ford & Jenkin.....

2. Where, after the capture of a Mexican port, it was opened to trade of residents
and others, subject to the payment of certain duties; held under such license the
character of alien enemies ceased, and where the United States had taken cogni-
zance of the claims of such residents, as of British subjects, prior to the convention,
they might be rightfully embraced as claims within it.-Uhde's case.........

Page.

351

436

3. License to a vessel to enter and discharge a cargo does not free her from the claim
of payment of duties.....

LIMITATIONS, STATUTE OF.

1. The statute of limitations cannot be plead in bar of claims of citizens of other
governments arising under international treaties.-King & Gracie-Barry, agent....
MARINERS SHIPWRECKED.

See INTERNATIONAL CLAIMS, 7.

305

MUTINY.

DUTY IN SUCH CASE ON ARRIVAL OF VESSEL IN FOREIGN PORT.

1. The Creole sailed from Hampton Roads, in Virginia, for New Orleans, with
slaves on board. The slaves on the passage rose on the officers and crew, severely
wounded the captain, the chief mate, and two of the crew, and murdered one of
the passengers....

......

The mate was then compelled to navigate the vessel to the Bahamas. On her ar-
rival she was taken possession of by the American consul, authority was restored,
and measures were taken to send the vessel to the United States, in order that those
slaves charged with mutiny and murder on the high seas might be tried. The
British authorities interfered and liberated the slaves.....

Held that the circumstances under which the Creole was compelled to enter har-
bor entitled her to protection, and that the interference, by British authorities, to
liberate the slaves in such case, or to prevent their being remanded to the United
States for trial, was in violation of the rights of citizens of the United States as a
friendly power, and of the law of nations....

OCEAN, FREE RIGHT TO NAVIGATE,

AND RIGHTS INCIDENT TO SUCH NAVIGATION.

1. Every country is entitled to the free and absolute right to navigate the ocean, as
the common highway of nations; and, while in the enjoyment of this right, retains
over its vessels the exclusive jurisdiction.-The Enterprize....

.....

2. A vessel, compelled by stress of weather, or other unavoidable necessity, has a
right to seek temporary shelter in any habor, as incident to her right to navigate the
ocean, until the danger is past, and she can proceed in safety....

3. When a vessel, engaged in a lawful voyage by the law of nations, is compelled, by
stress of weather, or other inevitable cause, to enter a harbor of a friendly nation
for temporary shelter, the enjoyment of such shelter, being incident to the right to

241

Ib.

187

Ib.

Page

navigate the ocean, carries with it, over the vessel and personal relations of those on board, the rights of the ocean, so far as to extend over it, for the time being, the protection of the laws of its country.....

4. The act of 3 and 4 William IV, ch. 73, abolishing slavery in Great Britain and her dominions, could not overrule the rights of nations, as sustained by these propositions....

187

PEACE, TREATY OF.

EFFECT OF PERIODS FIXED FOR ITS COMMENCEMENT.

1. In a treaty of peace, where it was stipulated that, within certain limits, peace should take effect in twelve days, and in others at different periods, ranging from thirty to forty, sixty, and ninety days; held that such an agreement was to be construed as an acknowledgment by the parties that, with due diligence, notice might be given, in those limits, within the times named, and the parties bound themselves thereby to accept such term as constructive notice of such peace.-Schooner John.......

RESTORATION OF PROPERTY TAKEN AFTER PEACE.

2. Where it was provided that vessels and their effects taken within such limits, after the time stipulated when peace should exist, "should be restored;" held it was no excuse if such vessel was afterwards cast away and lost, and therefore could not be returned to the owners, but that compensation must be made.

The party in such case must be held as a wrong doer from the outset, and bound to make full restitution....

427

Ib.

PIRACY.

See INTERNATIONAL CLAIMS, 5.

SLAVERY.

1. No one State has a right to control the action of another government on this subject. Slavery is not prohibited by the laws of nations, and rights under it are not limited by municipal laws where they come in conflict.-The Enterprize......

STRESS OF WEATHER.

See OCEAN, RIGHT TO NAVIGATE, 2, 3.

SUITS, COMPROMISE OF.

1. Where a British subject, who was domiciled in New York, and engaged in mercantile business there, was sued for fraudulent invoices of goods imported by him, which suit he adjusted with the government by payment of a portion of the sum demanded; held that he was bound by such adjustment from any revision of the suit before this commission. Kenworthy's case..

TERRITORIAL GOVERNMENTS, POWERS AND OBLIGATIONS OF.

1. The territorial governments of the United States are, within the powers confided to them, independent jurisdictions; and any debts incurred by them impose no obligations on the general government for their discharge.-Florida bonds......

2. The facts that the governor of the Territory is appointed by the general government,

187

334

246

and that Congress has power of disapproval of the acts of a Territory, or is the owner
of large tracts of land in the Territory which is not subject to taxation, do not vary
this position......

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246

PAYMENT OF DEBTS, NECESSARY EXPENSES OF.

3. A provision in the constitution of a State, "that no other or greater amount of tax
or revenue shall at any time be levied than may be required for the necessary expenses
of government," does not prevent taxation for the payment of already existing pecu-
niary obligations of the government, as they are included under the head of necessary
expenses of the government..

4. The admission of a State into the Union with such a clause in its constitution,
imposes no liability or claim on the general government, in law or equity, for the
payment of any debts of said State contracted while a Territory....

Ib.

TEXAS BONDS.

See INTERNATIONAL CLAIMS, 4.

TREATIES.

1. Provision by treaty for assessment of no greater or other duties than those levied on
goods or property of the most favored nation, binds its parties to perfect equality in
all imports and exports of the same date, and any difference is to be refunded.—
King & Gracie-Barry, agent.

2. The act of Congress passed August 30, 1842, changed and modified the laws
imposing duties on imports, so that the duties on cotton goods were nearly double
those taxed by the prior statute. This act took effect two days after its passage, but
provided, "that nothing in the act should apply to goods shipped in vessels bound
to any port of the United States, having actually left her last port of lading eastward
of the Cape of Good Hope, or beyond Cape Horn, prior to the 1st of September,
1842;" held that the provision as to equality of duties on importations applied to
the time of arrival of such goods for entry in the country, without reference to the
time of shipment, and that so long as goods shipped from ports eastward of the Cape
of Good Hope were received in this country at the former prescribed rate of duty,
goods shipped from ports of other countries, arriving within the same time, were
entitled to enter at the same rate of duty.-Godfrey Patison & Co.......................

3. The act of May 22, 1824, imposed an increased duty of five cents per square yard
on cotton goods, but provided that it should not take effect as to goods from ports
beyond the Cape of Good Hope or Cape Horn, until six months after it went into
operation, on goods imported from Europe and other countries; held that the treaty
required an equality of tariff at the time of entry, and that, so long as goods were
received from beyond the Cape of Good Hope or Cape Horn, at the rate established
by the previous tariff, like goods from other ports were entitled to be received at
the same rate of duty.-Duly on cotton goods-Wirgman, agent.....

See FISHERIES, 1, 2.

See LIMITATIONS, STATUTE OF, 1.

305

301

311