The Laws Of War, Affecting Commerce And Shipping by H. Byerley Thomson
page 6 of 159 (03%)
page 6 of 159 (03%)
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Stowell himself.
"I 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 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 UNIVERSAL LAW upon the question." When an Admiralty Judge investigates the law in this impartial spirit, he occupies the grand position of being in some respects the director of the deeds of nations; but with equal certainty does the taint of an unjust bias poison all his authority; his judgments are powerful then only for evil; they bind no one beyond the country in which he sits, and may become the motive and origin of reprisal and attack upon his native land. |
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