Page:Federal Reporter, 1st Series, Volume 3.djvu/661

 ÇSe FZDEBAli BEFOBTEB. �învestigate the cause so far as to ascerlain whether the îacts and reasons alleged for the crew's discharge were established by the evidence. The cause, therefore, was allowed to proceed to a hearing, and at the close of the testimony of the libellants the attention of the court wasfirst called to the thirteenth arti- cle of the treaty between Sweden and the United States, of July 4, 1837, in 8 U. S. St. 346, 352. By this article it was stipulated "that each country should have the right to appoint consuls, vice-consuls, etc., in the commercial ports and places of the other country," and that sitch consuls, etc., "shall have the right as such to sit as judges and arbiters, in Buch differences as may arise between the captain and crews of the vessel belonging to the nation whose iuterests are com- mitted to their charge, without the interference of the local authorities." �This court is bound to recognize and obey this provision of the treaty as completely as if the same were contained in an act of congress, and the question which arises is whether, there being no consul or other oflScer of Sweden within this jurisdiction, the nearest being a vice-consul at Boston, this court is, by this provision of the treaty, debarred from exer- cising its authority in the present case. It seems quite clear to me that the court is not thus ousted of its jurisdiction. The purpose of this provision was to provide proper means of redress for the parties mentioned in the treaty, when diflei- culties should occur between them, and it was certainly judicious that such questions should be decided by the consul, or other ofScer of their respective oountries conversant with the language of the disputants, and who may well be sup- posed to be acquainted with the laws ' and customs which should determine their respective claims; but, whenever the parties are in such a position that they eannot obtain the services of such an officer, can it be that it was the design of the treaty to leave them remediless, and to deprive the local tribunal of ail authority to afford any redress, however urgent the occasion may be therefor ? �If a Swedish vessel should be libelled in this court for sup- plies furnished here, for which she is liable, aûd is afterwards ����