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humble confidantes; her complaints, aggravated by their reports, are carried to her relations, and meet perhaps with a facility of reception, from their honest but well-intentioned minds. A state of mutual irritation increases; something like incivility is continually practising; and, where it is not practised, it is continually suspected; every word, every act, every look, has a meaning attached to it; it becomes a contest of spirit, in form, between two persons eager to take, and not absolutely backward to give, mutual offence; at last the husband breaks up the family connection, and breaks it up with circumstances sufficiently expressive of disgust: treaties are attempted, and they miscarry, as they might be expected to do, in the hands of persons strongly disaffected towards each other; and then, for the very first time, a suit of cruelty is thought of; a libel is given in, black with criminating matter; recrimination comes from the other side; accusations rain heavy and thick on all sides, till all is involved in gloom, and the parties lose total sight of each other's real character, and of the truth of every one fact which is involved in the cause.
Out of this state of darkness and error it will not be easy for them to find their way. It were much to be wished that they could find it back again to domestic peace and happiness. Judgments in the Consistory Court.
4. On Western and Eastern Society.
WHEREVER even a mere factory is founded in the eastern parts of the world, European persons trading under the shelter and protection of those establishments, are conceived to take their national character from that association under which they live and carry on their commerce. It is a rule of the law of nations, applying peculiarly to those countries,
and is different from what prevails ordinarily in Europe and the western parts of the world, in which men take their present national character from the general character of the country in which they are resident; and this distinction arises from the nature and habit of the countries. In the western parts of the world alien merchants mix in the society of the natives; access and intermixture are permitted; and they become incorporated to almost the full extent. But in the East, from the oldest times, an immiscible character has been kept up; foreigners are not admitted into the general body and mass of the society of the nation; they continue strangers and foreigners as all their fathers were-Doris amara suam non intermiscuit undam; not acquiring any national character under the general sovereignty of the country, and not trading under any recognized authority of their own original country, they have been held to derive their present character from that of the association or factory, under whose protection they live and carry on their trade.-Cases determined in the High Court of Admiralty— The Indian Chief.
5. Duty of the Judge in Questions of International Law.
I TRUST that it has not escaped my anxious recollection for one moment, what it is that the duty of my station calls for from me; namely, to consider myself as stationed here, not to deliver occasional and shifting opinions to serve present purposes of particular national interest, but to administer with indifference that justice which the law of nations holds out, without distinction to independent states, some happening to be neutral and some to be belligerent. The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of
nations: but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm;-to assert no pretensions on the part of Great Britain which he would not allow to Sweden in the same circumstances, and to impose no duties on Sweden, as a neutral country, which he would not admit to belong to Great Britain in the same character. If, therefore, I mistake the law in this matter, I mistake that which I consider, and which I mean should be considered, as the universal law upon the question; a question regarding one of the most important rights of belligerent nations relatively to neutrals.—Cases determined in the High Court of Admiralty— The Maria.
6. The Law of Marriage.
WHAT is the law of marriages, in all foreign establishments settled in countries, professing a religion essentially different? In the English Factories at Lisbon, Leghorn, Oporto, Cadizand in the Factories in the East; Smyrna, Aleppo, and others? in all of which, (some of these establishments existing by authority under treaties, and others under indulgence and toleration) marriages are regulated by the law of the original country, to which they are still considered to belong. An English resident at St. Petersburgh does not look to the Ritual of the Greek Church, but to the Rubric of the Church of England, when he contracts a marriage with an English woman. Nobody can suppose, that whilst the Mogul empire existed, an Englishman was bound to consult the Koran, for the celebration of his marriage. Even where no foreign. connection can be ascribed, a respect is shewn to the opinions and practice of a distinct people. The validity of a Greek marriage, in the extensive dominions of Turkey, is left to
depend, I presume, upon their own canons, without any reference to Mahometan ceremonies. There is a jus gentium upon this matter,—a comity, which treats with tenderness, or at least with toleration, the opinions and usages of a distinct people in this transaction of marriage. It may be difficult to say, a priori, how far the general law should circumscribe its own authority in this matter; but practice has established the principle in several instances; and where the practice is admitted, it is entitled to acceptance and respect. It has sanctioned the marriages of foreign subjects, in the houses of the Embassadors of the foreign country, to which they belong: I am not aware of any judicial recognition upon the point; but the reputation, which the validity of such marriages has acquired, makes such a recognition by no means improbable, if such a question was brought to judgment. In the case which has now occurred,—the case of a conquering force, stationed in a conquered country or colony, for the purpose of enforcing the reluctant obedience of the natives, and composing, for the present, a distinct and immisceable body,—can it be maintained, that the success of their arms, and the service of vigilant control in which they are employed, lays them at the feet of the civil jurisdiction of the country, without any exception whatever? In a former case, the Court intimated Its opinion, (for the case never reached a decision) that the law of France would not apply to an officer of the English Army of Occupation, marrying an English lady; on the ground that, at that time, and under such circumstances, the parties were not French subjects, under the dominion of French law; and surely the condition of a garrison of a subdued country, is not more capable of impressing the domestic character, and all the obligations it carries with it, than the situation of the Army of Occupation at that time in France.
Much of the order of a society, so peculiarly placed, depends upon a discreet application of general principles to particular institutions; this can hardly be specified before hand. But that the whole mass of law, formed for another state of things, and for a status personarum widely different, is to be immediately forced down upon these foreign guardians, in their own separate transactions, and without any reserve or limitation, is a proposition much too inconvenient in its consequences, to be perfectly just in its principle.Judgments in the Consistory Court.