CH. XXXVIII.]
JUDICIARY—JURISDICTION.
531
§ 1664. It is obvious, that this class of cases has, or may have, an intimate relation to the rights and duties of foreigners in navigation and maritime commerce. It may materially affect our intercourse with foreign states; and raise many questions of international law, not merely touching private claims, but national sovereignty, and national reciprocity. Thus, for instance, if a collision should take place at sea between an American and a foreign ship, many important questions of public law might be connected with its just decision; for it is obvious, that it could not be governed by the mere municipal law of either country. So, if a case of recapture, or other salvage service performed to a foreign ship, should occur, it must be decided by the general principles of maritime law, and the doctrines of national reciprocity. Where a recapture is made of a friendly ship from the hands of its enemy, the general doctrine now established is, to restore it upon salvage, if the foreign country, to which it belongs, adopts a reciprocal rule; or to condemn it to the recaptors, if the like rule is adopted in the foreign country. And in other cases of salvage the doctrines of international and maritime law come into full activity, rather than those of any mere municipal code.
[1] There is, therefore, a peculiar fitness in
3 Dall. R. 182; The Blaireau, 2 Cranch, 249; The Amiable Nancy, 3 Wheat. R. 546; The General Smith, 4 Wheat. R. 438; Rose v. Himeley, 4 Cranch, 241; Manro v. Almeida, 10 Wheat. R. 473; The Apollon, 9 Wheat. R. 362; The Marianna Flora, 11 Wheat. R. 1, 42; The Fabius, 2 Rob. R. 245; The Thames, 5 Rob. R. 345; The St. Juan Baptista, 5 Rob. R. 33, 40, 41; Abbott on Shipping, P. 2, ch. 4, note to American edition, 1829, p. 132, 138; The Dundee, 1 Hagg. Adm. R. 109; The Ruckers, 4 Rob. R. 73; 1 Kent's Comm. Lect. 17, p. 342 to 352, [2 edition, p. 365 to 377;] The Agincourt, 1 Hagg. R. 271.
- ↑ The Santa Cruz, 1 Rob. R. 50; The San Francisco, 1 Edw. R. 179; The Adeline, 9 Cranch, 244; 2 Wheat. R. App. 40 to 45; Abbott on Shipping, (Amer. edit. 1899,) P. 3, ch. 10, p. 397, 417, 422.
