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The municipal law does not undertake to lay down beforehand any rule for the government of such cases; and as little, in the opinion of the government of the United States, does the public law of the world lay down beforehand any rule for the government of cases of involuntary trespasses, detentions, and injuries at sea; except that in both classes of cases law and reason make a distinction between injuries committed through mistake and injuries committed by design, the former being entitled to fair and just compensation, the latter demanding exemplary damages, and sometimes personal punishment.
It would be needless for him to refer to the detentions and obstacles which had hitherto prevented the College from going into operation; it was known that they arose from the residuary legatee under the will of Mr.
Little Joe Reynolds had been sent home on being taken ill, and she would fain have gone to see him, but detentions sprang up around her, and sometimes it would have been impossible to go so far from the house, so that days had become weeks, and the month of October was old before she was walking down the little garden of old Betty's house.
That was our usual round, and what with contrary winds, and detentions in various ports, and the necessity of waiting and dodging the enemy's cruisers and privateers, the voyages were long ones, and not lacking in incident. My story, however, is not concerned with them, except incidentally, and I will refer to them as little as possible.
There's a tendency to avoid me. They can't understand here the continued declaration in the United States that the British Government is trying to take our trade to use its blockade and navy with the direct purpose of giving British trade profit out of American detentions. Of course, the Government had no such purpose and has done no such thing with any such purpose.
These sweeping schemes of reform, however, agreeable as they sounded, seemed none of them likely to receive the assent of our prisoners. Smith's idea was a good deal more moderate. "I don't see that we can stick out for more than leave to talk when we are not in class, and do away with `detentions." "That really seems hardly worth all the trouble," said Hawkesbury, "does it?"
It is true that in a pecuniary point of view the matters alluded to are altogether insignificant in amount when compared with the ample resources of that great nation, but they nevertheless, more particularly that limited class which arise under seizures and detentions of American ships on the coast of Africa upon the mistaken supposition indulged in at the time the wrong was committed of their being engaged in the slave trade, deeply affect the sensibilities of this Government and people.
The history of our foreign relations for 1915 and 1916 is largely made up of an interminable correspondence dealing with seized cargoes, and the routine of the Embassy was an unending nightmare of "demands," "complaints," "precedents," "cases," "notes," "detentions" of Chicago meats, of Southern cotton, and the like. The greater part of this mass deals with intercepted cargoes.
Thus you may leave San Francisco by steamer for Portland, see the Dalles, the Cascades, Puget Sound, Victoria, the Willamette Valley, and the magnificent mountain scenery of Southern Oregon and Northern California, and be back in San Francisco in less than three weeks, making abundant allowance for possible though not probable detentions on the road.
A recourse to British prize courts by American claimants, governed as those courts were by the same Orders in Council which determined the conditions under which seizures and detentions were made, constituted in the American view, the form rather than the substance of redress: "It is manifest, therefore, that, if prize courts are bound by the laws and regulations under which seizures and detentions are made, and which claimants allege are in contravention of the law of nations, those courts are powerless to pass upon the real ground of complaint or to give redress for wrongs of this nature.
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