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respect, a very unfavourable dis- is therefore under all these cirability upon the British subject; cumstances I am called upon to and it was one which, in the situa- dissolve a marriage of 25 years' tion of this individual, it was ex- standing, upon a ground of nultremely difficult, indeed almost lity which existed in its formaimpossible, for him to emove. tion, though the vinculum has reHis father lived in England, and mained untouched by either party he was pursuing his prescribed during the whole time. I know, course to the East Indies, for the that, in strict legal consideration, military service. She was a little I am to examine this marriage in younger, but her father had died the same way, as if it had taken in the East Indies, and her mo- place only yesterday. It is likether married again, and no guar- wise not improbable, that the stadian appointed. It would puzzle bility of many marriages may dethe person most versed in that pend upon the fate of this, for most difficult chapter of general doubtless many have taken place law, the conflictuslegum, to say how in a way very similar. But I a marriage could be effected in a know that I must determine it manner satisfactory to the Dutch upon principles, and not upon requisitions. Under such difficul- consequences. Authority of ties as regarded the Dutch law, former cases there is none, for the marriage naturally enough the decision in Middleton and was not solemnized with any re. Jamison turned upon a ground ference to that law, but under a of impeachment, that was directly formal license from the British the reverse of what is attempted government, and by the admi- in the present case; for the ground nistration of an English clergy. there was, that it was a bad marman, chaplain of the English gar- riage under the lex loci to which rison. The Crown, it is admitted, it had resorted; the ground here has the power of altering all the is, that it did not resort at all to laws of a conquered country. the lex loci. In my opinion, this This is an act passing under the marriage (for I desire to be unauthority of the representative derstood as not extending my of the British crown, and between observations beyond it,-1 abBritish subjects only, in which stain cautiously from general poDutch subjects have no interest sitions) rests upon solid foundawhatever. 'It is to be presumed, tions--on the distinct British that the representative was not character of the parties ; on their acting without the knowledge and independence of the Dutch law; permission of his government, if on the insuperable difficulties of that permission was absolutely obtaining any marriage conformnecessary to legalize that act. ably to the Dutch law; on the It was not so in my opinion, un countenance given by British auless the Dutch law involved such thority, and British ministration, persons in its obligations; for, to this British transaction; upon otherwise, no Dutch law was in- the whole country being under vaded by the act, though the British dominion; and upon the sanction of the government might other grounds to which I have be requisite for the mere pur- adverted. And I therefore disposes of order and notoriety. It miss this libel as insufficient, if
proved, for the conclusion it merchants having considered the prays.
measure of loss actually sustained by the injured party. This,
contended, was not High Court OF ADMIRALTY, the true measure of restiNov. 20.
tution; for, that the injured The Carl Johan.-Lord Sto- party's loss ought to be meawell proceeded to give judgment sured by the value of the ship in this matter. A Swedish that had done the injury. Now, vessel, the Carl Johan, to be sure, at first sight this apcharged with having run down a peared to be a most inapplicable British vessel called the James, principle; for how could the vawhich was totally lost, some of lue of the vessel that had done her crew being with difficulty the injury be any measure, by saved, on the 12th September, which to ascertain the extent of 1818. Proceedings were com- injury done to the vessel which menced immediately by the Bri- had suffered? It had no connexion tish owners against those of the with it, and it bore no assignable Swede, and a judgment obtained proportion to it. It was putting against them (certainly under the the matter on the same footing interposition of all the delay, with the compensation" of ruder which either the use or the abuse times—a compensation which, in of the law could supply) on the modern days, bore the name of 26th of November of the last“ deodand.” Compensation, howyear. By that decree it was ever, was that which restored to found, that the loss in question the sufferer what property he had had not, in fact, been occasioned lost. But how was its value to by virtue of any uncontrollable be ascertained by any property accident, but by the misconduct which the other party might apand mismanagement of the Swe- pear to possess? In this case they dish vessel ; for which her owners were in no degree commensurate, were answerable to the extent at and far from being correlative which the losses were charged. with each other, they might be An appeal was prosecuted; it disproportionate in the highest lingered on in the Court of Ap- degree. Thus, the value of a peal, till nearly the time at which collier or a coaster could furnish the hearing in that court would no measure of the value of a ship have taken place. It was then which it might encounter, laden deserted by the parties, dismissed with the rich productions of the with costs, and the cause remitted East, whether these should be to this court. But this court, precious stones or the precious proceeding upon its former sen- metals. It was, in truth, but very tence, referred it to the registrar lately that such a law had been and merchants to ascertain the introduced into the maritime juamount of the damage. This had risprudence of this country. Till been done : and their report, as within a few years, our laws, like now brought in, was attacked the general maritime laws of Euupon the ground that a wrong rope, protected ship-owners from measure of compensation had liability to damages arising from been taken, the registrars and unavoidable accident, while they
fixed them to the extent
of render- but framed with a very moderate ing such owners liable for the ina. regard to the compensation to be bility or misconduct of those whom made for the real injury sustained. they employed. Several cases had It was, as the Court had already occurred under the ancient rule of observed, no compensation in it. law, where this responsibility had self. It was a measure evidently been recognised ; yet the interests of policy, and established by of navigation had not been in- countries for the encouragement efficiently conducted in this coun. of their own maritime interests. try, while the influence of the The results of it were to be vindiancient rule had prevailed; at cated only on the ground, perleast not so inefficiently as to call haps, that it was a common benefor any alterations, until the sta- fit, and a common burthen
to tute was passed of the 26th of those whom it applied to. The his late majesty, which discharged British law operated equally upon the owners of a vessel from all all the commercial subjects of the liability for damage or loss oc- country; and he who was affected curring to the goods on board of by it to-day might be benefited it, beyond the value of the ship, hy it to-morrow. If all the comand of the freight accruing upon mercial states adopted the same the voyage. A later statute, the law by common consent, it would 53rd of his late majesty, pro- have the same mutuality to suptected them to the same extent port it. There could be no queswith respect to any losses or tion as to its relative effect upon damages, that they might occa- each. But it would be the grosssion to other ships, or to the goods est injustice to apply it to other laden on board of them. A sie states who had no such mutuamilar regulation, the Court ob- lity; and who could not apply it served, had been made in the ma- against British subjects for any ritime law of some of other minor injury which they might have sus. commercial and maritime states. tained from them. If, therefore, The avowed purpose of it was, to this British statute were applied protect the interests of those who to foreigners by the legislature of were engaged in the mercantile this country, it would be a disshipping of the state, and to re- grace, and an enormous act of move the terrors which would injustice, which ought not to be otherwise discourage people from imputed to it but upon the strongembarking in the maritime com- est evidence of facts, But nomerce of a country, in conse- thing of this sort was to be prequence of the indefinite respon- sumed upon this statute : for it sibility which the old law attached could not be supposed to be any on them. But the new rule of secret to the British legislature, that responsibility was really none at foreigners, sustaining an injury of all. Though that word had found this kind, had a right, under the its way into the statute, yet to maritime laws, to full and real give this law that title was some- compensation ; and that for the thing of a misnomer both as to legislature to say, that foreigners intention and effect. It was a law had no such right, would be a of protection to the ship-owners, gross violation of all justice, and
a gross excess of all the autho should libel the legislature of his rity that belonged to them. If, country if he did. But he went indeed, any two countries chose farther, and he thought he might by law to apply such a regulation say, without any degree of rash. to their own subjects.--if they ness on his part, that it was clear contracted by treaty, to commu- from their own manner of acting, nicate that mutual regulation ren that the foreign subjects in this spectively to each other; then it ease never imagined that such a would stand on a footing of mu- plea could be available to them, tual justice and authority: but selves. [His lordship here adno one country had a right to verted to a part of the history prescribe laws which were to of this case which related to the simit the absolute rights of the survey that had been taken at subjects of other independent Ramsgate of the Carl Johan, states : for they would be no laws without the knowledge of the to them, and could have no bind- other parties, but solely at the ing effect on them whatever; and direction and with the privity of therefore the British laws, it was her owners or their agents; and evident, disclaimed any such in- after remarking on the unfairness tention. Those laws throughout and ex-parte character of that contemplated only our domestic survey, 'he proceeded.] It appolicy--the improvement and eu- peared impossible that all this couragement of our own domes- could have been so managed by tic navigation. They purposed the owners, if they had really felt neither to impose the same bur- the slightest confidence in their then, nor to confer the same be- own plea. They must have been nefit on foreigners, as on their sensible, that, if that plea was good own subjects. If it could be shown, in point of law, no court could that Sweden had adopted the possibly apply it to a valuation so same policy with regard to British made. But after this, what in subjects, which Swedish subjects truth passed?. Nothing at all of were now attempting to plead, this was said till at the distance that might somewhat extend the of some years or so, after the long case before the court, and might pilgrimage of the suit through this furnish some ground of equity, court and the court of Appeal. upon which such a plea might be From the court of Appeal, this argued. But that Sweden was to unquiet suit travelled hither; the lay hold of a British regulation, parties, by their own confession, intended and maintained exclu- acknowledging that they could sively for British subjects, and only not support their case there. Wita claimed by her in a particular case, a sentence of costs against them, where it might be for her own be- therefore, they returned to this nefit to do so, though generally it court. But, in the mean time, might affect her quite the other nothing of this proposed estimate way, was a proposition utterly in- of value was suggested by them. supportable; and he (lord Sto- They were next sent to the rewell) could not bring his mind gistrar and merchants, to have the to the slightest hesitation upon value of the damage ascertained ; this subject. He thought that he and before them not a word, as
the Court understood, had trans- of the 9th of March, 1820, it bepired against the award made: no ing then twilight, and there being protest was affirmed, but the par- several stars visible, the smack ties suffered the whole to go on Princess Charlotte, of the burthen in an undisturbed course. When of about 157 tons, on her
voyage the registrar's report was returned from Berwick to London, was to this court, then, for the first working up the passage called time, the Court was told, that the the Swin, near the mouth of the whole of it proceeded upon a river, when she perceived on her wrong principle; that a different starboard bow, a brig and a ship course ought to have been taken; coming down upon her. The that the owners of the Swedish brig, which proved to be the Advessel were prepared to support venture, was hailed at the disit by, argument, and to illus- tance of about 200 yards by the trate it by decisions. The Court, Princess Charlotte's people, and however, must brush away both though the brig nearly fouled her, the one and the other. They yet she passed to windward (at proved nothing but that their's the distance, however, of a few feet was a mere struggle for time- only), without occasioning any an attempt to save money by a accident to her. The ship, which protraction of time. After some was pursuing precisely the same farther observations, in which course, and which proved to be his lordship affirmed the award the Dundee, Holmes master, of of six months' interest on the re between 300 and 400 tons burported value, his lordship added, then, unfortunately encountered that he should enter no farther the Princess Charlotte by running into the parties' objections, but her bowsprit right into her star. should pronounce for the award board side, under the main chains, of the registrar and merchants, in such a manner that the water with costs; and he desired to poured into the smack: five feet add, that he thought he should water in the hold were found not improperly limit the effect of upon sounding. The Dundee, appeal by declaring, that if this which was going through the case should travel again into the water at the rate of five or six court of Appeal, and afterwards knots an hour, carried the Prinagain return hither, he should cess Charlotte, whose rigging and certainly meet it at its return with mainsail had got entangled among that attention to costs which he the rigging of the Dundee, for a thought such a suit would merit. considerable distance on her bow.
sprit till it broke; and then the Nov. 27, AND Dec. 4a smack went down head-foremost. (Before Lord Stowell, assisted by contradictory. On the part of
The evidence was exceedingly two Trinity Masters.)
the Princess Charlotte, it was The Dundee. This was a case alleged, that the accident was not of collision; and turned upon the unavoidable, but arose from the question of the liability of the mismanagement of the Dundee, vessel, which occasioned the ac. which did not starboard her helm cident.
in time, notwithstanding that she Itappeared, that on the evening was repeatedly hailed by the