§ 643. It seems that the public seal of a foreign sovereign, affixed to a writing purporting to be a written edict, or law, or judgment, is of itself the highest evidence of its authority; and the courts of other countries will judicially take notice of such public seal, which is therefore considered as proving itself.1 [So, in America, the seal of one state affixed to an act of the legislature, proves itself, and imports absolute verity in the courts of another state; but such seal must be a seal valid at common law, and not merely an impression on paper, which in some states is made a valid seal for some purposes.2] But the seal of a foreign court does not prove itself; and therefore it must be established as such by competent testimony. There is an exception to this rule in favor of courts of admiralty, which being courts of the law of nations, the courts of other countries will judicially take notice of their seal without positive proof of its authenticity.* § 644. The mode by which the laws, records, and judgments of the different states composing the American Union, are to be verified, has been prescribed by Congress, pursuant to an authority given in the Constitution of the United States. It is, therefore, wholly unnecessary to dwell upon this subject, as these regulations are properly a part of our own municipal law, and do not strictly belong to a treatise on international law.5 § 645. And here these Commentaries on this interesting branch of public law are brought to a close. It will occur to the learned reader, upon a general survey of the subject, that many questions are still left in a distressing state of uncertainty, as to the true principles which ought to regulate and decide them. Different nations entertain different doctrines and different usages in regard 1 Lincoln v. Battelle, 6 Wend. R. 475; Griswold v. Pitcairn, 2 Conn. R. 85; Church v. Hubbart, 2 Cranch, 238, 239; Anon. 7 Mod. R. 66; United States v. Johnson, 4 Dall. 416; Appleton v. Lord Braybrook, 6 Maule & Selw. 34; Black v. Lord Braybrook, 6 Maule & Selw. 39. 2 Coit v. Millikin, 1 Denio, 376. And see Bank of Rochester v. Gray, 2 Hill, N. Y. R. 227; Farmers' and Manuf. Bank v. Haight, 3 Hill, N. Y. R. 493; Watson v. Walker, 3 Foster, 471. * Starkie on Evid. Pt. 2, § 92; Delafield v. Hurd, 3 Johns. R. 310; De Sobry v. De Laistre, 2 Harr. & Johns. R. 193; Henry v. Adey, 3 East, R. 221; Andrews v. Herriott, 4 Cowen, R. 526, note. See Yeaton v. Fry, 5 Cranch, 335; Thomson v. Stewart, 3 Conn. R. 171. See on this subject the Act of Congress of 26th of May, 1790, ch. 11, and the Act of Congress of the 27th of March, 1804, ch. 56; 3 Story, Con. on Const. § 1297 to 1307; Andrews v. Herriott, 4 Cowen, R. 526, 527, note. to them. The jurists of different countries hold opinions opposite to each other, as to some of the fundamental principles which ought to have a universal operation; and the jurists of the same nation are sometimes as ill agreed among themselves. Still, however, with all these deductions, it is manifest, that many approximations have been already made towards the establishment of a general system of international jurisprudence, which shall elevate the policy, subserve the interests, and promote the common convenience of all nations. We may thus indulge the hope, that at no distant period, the comity of nations will be but another name for the justice of nations; and that the noble boast of the great Roman Orator may be in some measure realized : Non erit alia lex Roma, alia Athenis, alia nunc, alia posthac; sed et omnes gentes et omni tempore una lex, et sempiterna, et immortalis, continebit.1 1 Cicero, Fragm. de Repub. ACCESSORY, to commission of crime in foreign state personal mixed where brought by the Roman Law ACTS done, validity of, depends on lex loci who correspond to under the Roman Law 265 317, 333, 334 their title good, all the world over, according to Lord their title does not extend beyond their territory no suit can be brought by or against them, in virtue of 513-514 b, 515 ancillary, funds collected by, to what debts appropri- collecting debts in another state, liable de son tort. whether liable for assets received abroad and brought foreign, voluntary payment to, when a valid discharge may sue in their own names upon negotiable notes ancillary, are subordinate where property of the deceased. is in transitu at his death 519-521 may sue in their own names, for personal property where real securities are converted into personal assets 523 524-527 ADMINISTRATORS AND EXECUTORS, (continued.) which estate shall be charged with debts 485-489, 528, 529 consideration of the American law upon preceding questions 529 a-529 i ADMIRALTY, COURT OF, judgments of in rem ADVANCES, MUTUAL, by merchants of different countries AGENT, FOREIGN, contracts made by ALIEN, dowable according to the lex rei sitæ local, what. AMBASSADORS, retain their domicil ANCILLARY ADMINISTRATORS. (See ADMINISTRATORS.) ASSETS, DOMESTIC, how affected by foreign administrations 592 643 283 285 448 21 22 48 87 568-571 513, 514 355, 398, 399, 399 a, 410 a, 565, 566 ASSIGNEES OF BANKRUPT, whether they can sue in their own names in a foreign country ASSIGNMENT OF DEBTS, by what law governed ASSIGNMENTS, of foreign liabilities, right to sue upon 395, 398, 399 a, 565, 566 for benefit of creditors operation upon property in different states ATTACHMENT, before notice of an assignment ATTAINDER, disability from 355-360 355, 566 403-423 g 423 AUTHENTICATIONS of contracts must be according to the lex whether they have a universal operation opposite opinions of English and American courts reasoning of the English courts in favor of their univer- BANKRUPT LAWS, FOREIGN, (continued.) propositions established in the English doctrine reasoning of the American courts against their univer- contrary doctrine held in France and Holland . where confirmatory conveyance by bankrupt to his as- whether they operate a transfer of personal property in 419-423 h priority of domestic creditors 408-423 b the latter bind only residents and such as submit to the case of bankrupt partners resident in different countries . BENEFIT OF INVENTORY, what "BIENS," its meaning with the civilians countries BILL OF LADING, contract of what place BILLS OF EXCHANGE, with blanks to be filled in a foreign country damages upon when payable and indorsed in different BOOKS OF ACCOUNT, when admissible evidence his principles as to territorial jurisdiction foreign contracts foreign judgments 347, 360, 361 360, 361 360 46 48 114, 114 a, 115 375 366 486, 487, 488, 489, 529 635 c 383 51 |