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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmfo d des taux de r6ducdon diff6rents. Lorsque le rJocument est trop grand pour dtre reproduit en un seul clich6. il est film6 d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 fM-TERErrORrAB INeiDBNTS 09 O L O N I AX L EG I S L A T I ON. 1", vt B. G. GRAY, corasBixoB iT Law, mass. BOSTON: PBINTBi) BY BAVID OLAPP. 1868. fc«*>-.« # •f>.-' i m ■pfPpwp^^pw EXTRA-TERRITORIAL INCIDENTS oy *'*. COLONIAL LEGISLATION. BT B. G. GBAY, COVKSELLOR AT LAX.', MASS. BOSTON: PRINTED BY DAVID CLAPP. 1863. His TO His Grace the DUKE OF NEWCASTLE, K. G., &c. &c. SECUETAEY OF STATE FOR THE COLONIES, AND OTHERS INTERESTED IN THE SUBJECT, ARE RESPECTFULLY DEDICATED &C. BY THE AUTHOR. A Brii sioE Sco give the are T tra"v tion ob8( csts flirt sign B PREFACE. A general acquaintance with Canada and the neighboring British North American Colonies, and several years profes- sional experience in the Provinces of New Brunswick, Nova Scotia, and latterly in the State of Massachusetts, have given the writer opportunities of becoming conversant with the social and commercial relations of these localities which are closely intertwined. There is every indication that, with greater facilities for travel and transportation now in progress, these mutual rela- tions will assume still greater importance ; and the following observations are offered under a conviction that the inter- ests involved are of sufRcieut moment to render unnecessary further explanation or apology for their appearing over the signature of a private individual. BosTO.;, Massachusetts, January, 1863. lid ( vi ) EXTRACT FROM THE ACTS OF NEW BRUNSWICK (18G0), 23 Vic, c. 26. Sec. 1. " t'or facilitalin^ the acknowledgment of DooJs, Conveyances and other InHtruments affecting real or personal properly in (Ids Province, and also the aduiinistering' of Oatlis or taking- Aflidavits for the purpose of holding persons to bail in (his Frocincj, or having relation to any judicial pro- ceeding in any Court of Justice therein ; "Be it enacted l,y the Lieutenant Governor, Legislative Council, and Assembly, as follows : — 1. " That it shall and maybe lawful for His Excellency the Lieutenant Governor in Council, to appoint one or more Commissioners resident in the United Kingdom, or in the Islands of Jersey or Guernsey, Alderney, Sark, or Man, and the United States of America, to administer Oaths and take Aflidavits to be read and used in the several Courts of Justice in this Province, and also to receive acknowledgments and proof of the Execution of Deeds, Conveyances and other Instruments ajj'ccting real or personal property in tliis Pro- vince ; and fur the purposes of this Act, such Commissioners shall be severally invested with all the jiowors and authori- ties by the 112th Chapter of the Hevised Statutes* given to any Judge of the Court of Queen's Bench or Common Pleas, or Baron of the Exchequer, or Master in Chancery in Eng- land or Ireland, or any Judge or Lord of Session in Scotland; or Mayor or other Chief Magistrate of a City, Burough or Town Corporate, in any part of the United Kingdom, respecting' acknowledgments and proofs of Conveyances or other Instruments, and also with f»U the powers and authori- \ ^ * Ecvi.'jcd Statutes of New Bmuswick, c. 112, sec. 6. ( vii ) tics by the Seventh Section of an Act matlo and passed in the nineteenth year of the Reign of Her present Majesty, intitnled ' An Act in furtiier ainenn would appear, then, to turn * Tho Uoviil assent Iws l»ec'n likewise withlioUl from an \vt of tlic New Brmis- wick Legi^latare {^\H{j-l), c. 31, 2-lth Vie., pass^ed iuanieudmeutof tlicir Aet (1861), C :iG.. 10 on their right, under any circumstances, to the exercise of extra-territorial jurisdiction ; and, in pursuing- this investiga- tion through the writings of various commentators, it is thought best, at the risk of appearing prolix, to use their precise language ; referring by notes to all authorities when so quoted or otherwise relied on. Jurisdiction is of two kinds — one of strict right, the other conventional. " Considered in an international point of view, jurisdiction, to be rightfully exercised, must be founded either on the person being within the territory, or upon the thing being within the territory." As to persons, " it is true that nations generally assert a claim to regulate the rights, and duties, and obligations, and acts of their own citizens, wherever they may be domiciled. And, bO far as these rights, duties, obligations and acts after- wards come under the cognizance of the tribunals of the sovereign powci' of their own countr}', cither for enforcement, or for protection, or for remedy, there may be no just ground to exclude this claim." Even when coming under the con- sideration of foreign countries, the claim " may be admitted ex comifafe gentium. But it may also bo denied ex jnstilia genfium whenever it is deemed injurious to the interests of such foreign nations, or subversive of their own policy or institutions."* As to property, " it is true that property within a country does not make the owner generally a subject of the sovereign where it is locally situate, but it subjects him to the hitter's jurisdiction secundiiw (piid et aliquo mo(h."f Again : "The rulers of every Empire from comity admit that the laws of every people in force within its own limits, * StoH', Conflict of T/nvs, Sci-s. .WO, .540. EiiIIoTiois, Pr. Gen. 1, 2, p. 2;j. Vattol, B. 2, I'll. 8, yl 4. t Story ConH. L., sec. .5.>2. Eulifiiois, Oliscrv. 26, pp. G23 to 02.) iiul. 11 ?xcrcise of investig-a- tors, it is use their itios when the other •isdiction, 3r on the iiig being y assert a ions, and lomiciled. icts after- Is of the )rc'cniont, it ground the con- admitted r jnslilia nrests of policy or country ovoroign ; latter's y admit II limits, \') incl. ought to have the same force everywhere, so far as they do not prejuiJice the powers or rights of oilier governments or of their citizens,^ '^ From which " it appears that this matter is to be determin- ed not simply by the civil laws, but by the convenience and tacit consent of different people ; for, since the laws of one people cannot have any direct force among another people, so nothing could he more inconvenient in the commerce and gen- eral intercourse of nations, than that what is valid by the laws of one place should become without effect by the diversity of laws of another; and that this is the true reason of the last axiom, no one hitherto seems to have entertained any doubt." f On this point lluberus and Grotius are mainly guided by the practice of nalions ; and aim to avail themselves " of the practice of nations as a solid proof of the law of nations. "J The same doctrines on this point are approved by Bullenois, and find favor with English and American jurists ; and it is to be ob- served that no far from any question being seriously raised by Continental jurists, it seems to bo conceded that the laws of one country ought to have the same force everywhere as in its own limits ; and the only discussion is where questions of conflicting interests do arise. § Burge and Kent may also be cited on this point. || " A nation's laws do not, proprio vigore, operate beyond the torritory of their State, however they may aspire to do so," &c, &c. " But upon laws which respect only the private interests of the private man, by what is called the comity of nations (comitas gentium, or, as it is somotimes named, la necessite du hien public el general des nations), usually is conferred an * Hub. do Confl. Lc^inn, sec. 2, p. .138. t Storv CoiiH. L., ser. '11 ta Wi iiicl. I II.., We. ;5(). if Traitii dc-s Statiits, o. 3, ohs. 10. Story roiiil. L., sec. 31, ;W niiil notes. II Biir^a'S ('(till, oil Colonial aiul Foioigu Law, vol. 1, p. 5. II. Kent's Com. 4o7. 12 extra-territorial operation, provided they do not prejudice the interests of foreign states, or the native rights of their citizens. " It is, however, perfectly optional in any state to observe this liberality, and usually, in determining whether it will do so or not, it is influenced by the consideration that a simi- lar liberality is accorded to or withholden from its own subjects."* In the Statutes of the United States and those of the sev- eral States of the Union, no reference is made to the laws of other coiuitries in appointing Commissioners for foreign states ; and no recognition or covfirmalion of such Commis- sioner by the foreign state of his residence is alluded to or required. Tiiere is no requirement that the Commissioner appointed shall he one empowered by the laws of his residence to adminis- ter oaths. The generally conceded international operation of bank- rupt laws and proceedings, as well as marriage and divorce laws in Europe and the United States, furnish analogous illustration of the same liberal doctrine. Is it not on this principle that the authority is based under ■which British and other Consuls exercise some of their offi- cial functions ? Many of their acts are not of a strictly com- mercial character, and are of force only when brought within the territorial jurisdiction of the law which declares their valid- ity. It will not be contended that an exequatur confers any authority on the consul to administer oaths or take acknow- ledgments of deeds, to be used or rogistti'od elsewhere. f By Massachusetts laws the acknowledgment (of deeds) may be made before any Commissioner appointed for that pur- p)ose hij the Governor of this Commonwealth, tcithin the United f i * Poison's Law of Nntions, 23. t Imp. Act, r. Goo. IV., c. 87. Imp. Act, 18 and 19 Vic. (1855), c. 42. 13 % )pointed %dminis- of bank- divorce lalogous (d under their offi- ;tly com- lit within leirvalid- lers any | acknow- f# ■re.t •f deeds) J (hat pur- \ic United Slates, or in anij foreign coun'rij ; or before a minister or consul of the United States in any foreig*n country.* The legislation in this and other States of the Uni )n, as well as that of the United States, is of similar chai'acter; but Massachusetts is the rather instanced because its legis- lation is most liberal on tliis point, f and also from its close proximity to and commercial relations with the Colonies for whose benefit the ap[)lication of like provisions is claimed. Here the right is assumed on the part of a State to appoint, Comniif<>iionerf< in foreign countries, ani this right has been acted on since the year 1783. Has this right ever been questioned by either the United S'alm Governvienf, or by any foreign Government, and, if nut, why 'i — supposing always that the assumption of such right (relating, it is true, to local affairs, but taking effect ''per orhcni terrarum^^) were beyond the power of tlie individual State assuming it. The iinlividaal S'ates have no diplomatit; relations with the governments of foreign countries, and consequenth' it can- not be that any special recognition or confirmation of coni- jnissioners named by any of such States to act abroad (in re!ati(m to the internal alVairs of the appointing State) is retpiired on the part of the loreign government within Avhose territories such commissioner is to exercis(.> his functions. This follows, it is considered, necessarily from the law of nations, as above expounded, on the two-fold grounds that, Ist. The exercise )f such functions "does not prejudice the interests of furei/xn States or the ijative ria'hts of their citi- zens ; )> and 2d. These laws do " respect only the private interests of the private man :"— and hence iturisos that there is no ques- * Gen. Stilts. Mass., I'. 8r», see. IS. Vi(k' iilso l{ijr.\'o on Cul. and l'\»r('iirn L:nv, Vol. i!., p. 792. U. S, Laws, 1S17, V. 'jS, sees. 1, 2, H. •f Gin. Stats. M.i-:s., r. VA\, mh-, IJS. 1 Orccij.l. Jvv., s(>c. :y>). u tion or contest as to right or nirisdiction either between the separate State and the United States, or between either of them and the several foreign states where such commission- ers act and reside. Is not the relation, in fhis renpeci, between the individual State and the United States identical with that of thesi; Colo- nial Leg-islatures and the Imperial Government of (Jreat Britain? It is required to ameiid the Act of New Brunswick so as to conform to tliat of Lower Canada, which aUows the Governor to " nominale and appoint commimioners,'^ &c. : " Provided thai no person hut an atlornei/ or sohdiur ])rac- tiaing in one of the Superior Courtx of Great Britain or Ire- land, and qualified hij law to act a.>- commissioner for similar purposes in Great Britain and Ireland, shall be appointed.^^*^ Is it obligatort/ to seh'ct only such as are authorized or qualified by law of the State or foreign country where they reside, to act as commissioner for similar purposes in such country ? The Duke of N<>wciistle's letter states the objection to be this : " That although the Colonial Logishiture have full powers of legislation, in ivgurd to New Brunswick, no power at all has been conferred upon thenv of" regislarfng tor the United Kingdom, or for foreign countries ; and consctpiontly, that win'le they are competent to declare Avhat aflid.tvits or other docmnents shall he receivable in evidence in New Brunswick, they are n(*t competenr to clothe any cununis- sioner or other person with the povv(n- of adn>inistering oaths in Great Britain and the United States, (without any refer- ence to the la^ws of thos(? countries), still less to confer on them the powers ('exercisable beyoml the limit? of New Brunswick) crpiivahMit to those which ai«> confcrrcfl uii cer- tain Judges by th(; Tth section of tlur Imperial (sic) Act of * Lower Canada, Acts of I860, 23 Vic, sec. 3-5. ilividaal so Colo- f (lioat ;k so as ws itie &c, : )r jyrac- or Ire- similar i/rr/."* lizod or (>ro Ihoy in such Im to be avc iull ])()wer Inv the liiontlj, .tvits or "ii Nl'W uniMiis- \.iX oiiths liy rcl'c-r- iiir«'r on if New on cor- xlct of 15 19th Victoria, "in amendment of the law."* The precod- h\y; sentences are quoted verbatim, and it is evident that misapprehension as to the Act referred to, (IDth Vic, "in amen(hneiit of the hiw ") existed in the mind of His Grace — perhaps of others. Examination will show that the Act in question is not an Imperial, rut a Colonial Act, which was passed in 1856, received the Koyal assent, and has been actiid on witliout objection to Ihe present time. Not oidy, then, does the reasoning- upon it fail, but inves- tig" ition furnishes an additional argument in favor of the pre- sent claim. His Grace then refers to the Canadian Act of 1860, 23 Victoria, c. 51, sec. 35, as "framed with a full appreciation of the limits of Colonial and Imperial jurisdiction, and there- fore not open to any objection," and adds, " You will ob- serve that its ellect is merely to authorize the reception in Canada of affidavits taken in England by persons selected indeed by the Governor, but authorized by English (not Can- adian) law to administer oaths." AVheth(U" this restriction ap[)lies to the United States, and to the selection of those only who arc authorized by that government to administer oaths, is not clear, but the infer- ence would 1)0 that only such were admissibl(\ Again, in a letter 3d September, 1861, to the Lieut. Gov- ernor of Nova Scotia, of similar im|»ort, His Grace says : — "In IVaminu' Colonial Acts, it cannot be too canM'ullv rcnuMn- bered, that those Acts have no etli^ct beyond the limits of the Colony in which they are passed, and, on this principle, the Nova Scotia Legislature, while it has full power to declare what iiHldavits or other docnmoits shall be received in evi- di'iici! 1)y the Nova S(!otia Court, is not competent to clolhe any pci'son with the authority to administer oaths in other parts of Her Majesty's dominions — an authority which in * '111 • l)iik(> of Nowcastlc's letter to the Lieut. Governor of New IJriin wiek, lOtli April, m>L 16 each place must be coiifoiTcd and regulated by the Leg-isla- ture of that place, or by Act of Parliament." Now ill creating' such connuissioiiers to act in foreig'n countries, the aulhurifij inunt reside suniewJiere ; either in the Imperial Government of Great Britain, or in the Colonial Government, or in the foreicjn countrij. It cannot be in the first or last of these powers, because the Colonial Cibvcrn- ment may decline to select the nominee of the others ; and the authority to administer tiie oath must enuinate from some competent power ; but for like reasons it cannot, in the case sui>posed, originate with, reside in, or be derived from, the Imperial or any foreign government ; because the Colonial Government wiight nut place confidence in the individual so authc»rized, and, without such concurrence, the other powers can give no extra-territorial force to the act of their own nominee. The case (tf the Consul, before cited, is again in point, and the conclusion would seem irresistible, that where the au- thority to aeh'ct a functionary in regard to local afiairs resides, there also is placed the right of clothing such func- tionary with all powers needful for the exercise of his assign- ed duties ; provided always that in so doing no powers arc assumed to be conferred, such as actually or by implication conflict with the laws and rights of the country whore the acts in question are authorized to be done. The property to be affected is within Colonial Jurisdiction, and every act done in regard to it, ivhereeer done, has power only by relation to the locality of the sid)ject matter, and is of no effect until brought within the territ(;rial limits of such Colonial Jurisdiction, Is there anything in the act of the Commissioner inimical to the riglits or interests of the foreign State of his residence, or confiictiujLii' with its laws, when he tenders* an oath relat- i * Lord Ch. Justice Wiilcis' opinion. Willcs' R., 545. n s \ng to private intorosts or proceodinp^s in tho course of jus- tice in anuth(n- comitrv, and records tiio fact tliat sucli oatli was taken accordin;.'; to a [)rescril)('d form 'f The \vliolo i)ro- C(}eding' is as voluntary as IIioui;!! (he ch'ixuient had sworn before a resident Consul, or li(>for(.' u local iMajristrato of the State wh lorei<;'n Mate wnore t! ith do. NoilhcrC no o;itn IS made. .Noitlicr Uonniussioncr, nor Consul, nor tho local iMaoislrate can, in the a])sence of local Statute provisions, compel such depoiient to take his oath, if unwillini!;. It is cntirtdy on the principle of international Comity when such Statute pi'ovisions arc mailc, and, without these, can tho legal penalties for perjury he enforced within the juris- diction of su(di forci.Lcn State, wIkm-c a false oath is taken either before a Consul of anotlnM- countrv or even belbre the local JMa,i;'istr.ite ? '•' The foreij:;!! ])o\ver caimot clot lie (/« ow;?. oOicer witli au- thority to act in resj^ard to property situate out of its territo- rial limits, any more than the ImpinMal or Coloin'al Govern- ment of Great Britain can em])ower any one within the ter- ritory of the foreig'ii power to act in the ail'airs of such for- eij^n power. Of what force, then, is the objceliou tliat the Cijlonial nominee must be one who deijves authority IVoni the Impe- rial or the Foreit:;n Government to act in like cases within and for liU oK'ii g-overnment ? Suppose the commissioner selected bo a rcsi'Ienl in (lie Colontj, and that as such he is appointed to ^.o ami reside in the forei!Lj;n country, and there act as proj)ose(l, (without any confirmation on the part of tlM? forei^'u C(nintry), in Colonial matters of a purely private b)cal nature, not conflicting with the rights, interests or laws of such foreign country or its * 1 Iliiwk. P. C, c. r.O, soc. 1 to 4, incl. 4 IJliKk. Com., i;}7. II. iins^eii (jii c, rm. 5 iind 6 Will. IV., c. (52, sec. 13. 1 IJinn. 11., o43. It inliiiltit.'iTits ; can tlici'o l)e -a douht of tlio rijj^ht on tho part of tlio Coloni'il (jovonirnont to make such appoiiiltnont i* And if tliiw ii;;-lit cannot lio quostioncd, wlioro m tho dif- b' actually feror th( jhM^ti d anth rh zing" one resident at)roa(l r SJionid tins rigut be seriously controvert- ed, tho same diHicnity arises where iho foreif/n chosen func- tionary is seh'cted also by the Cok)nial Government as rc- quii'ed by tho Duke of Xewcastle's directions. ]s not, therefore, tlie ease under consideration identical in princi[)le with that where A gives B a power of attorney, and sends him abroad to act in the constituent's private business aflfairs ? li, then, has full \)o\vcrH, by vir/iie of A' s appoinlmenl, although he goes abroad and acts under the territorial jurisdicti(»n of another country — remaining there and continuing so to act ; provided he does not attempt, in exercising tliose powers, to infringe the laws of his for- eign residence, or to use such powers in regard to any other business than that of A. The colonial legislalion on Postal aflairs, among others wliich might be cited, furnishes an instance of the exercise of extra-territorial jurisdiction.* The higher English and Colonial Courts, by virtue of pow- ers conferred on them by their respective Legislatures, have long exercised authority extra-territorially, by issuing C(,»m- missions to take evidence in foreign countries. | Tliesc; Cotn- missions profess to confer all adecpiate powers on the pfirty deputed to execute theni, at least to the extent of adminis- * Rov. .Stnts. N. S. (2(1 ,-(ri(>>), c. 23, h'c. 27. Rev. Stars. N. 15., c. 10, mt. i», M, ^c. T'DiisoI. Stats. Cauaila ( I8.3i)), c. 6\, .sec. 14, 34. t 1 Stirk. F,v., :V2:]. 2Ti.l(l'srr., 810,811. 1 1!. iv 1'., 210. 6 Nov. & M., .-nS. Iiiip. Acts, i;{ fito. III., 0. 63. 1 Will. IV., c. 22, SCO. 4. " " la and 20 Vic, c. 1 13. Acts of N. 13., 5 Wm. IV., c. 14, &c. &c. 19 toritift' llio nccossary out1»s uiid iippoiidiiin^ all necdl'iil cci tili- catos, which arc aihniltcd to Cull faith and ellii-acy when vc- tuniod to tho Iribunal whciu-o they cmaiiatiMl/'' In thcso cases tio limitation is eiijoiiu.'d whcn-hy tho ConnnissioncrH selected should he stich as are alreaily aiith(n'i/(>d in like; cases by and on helialf til' Hie f;'()V(>iiinient Avhere they reside; and in view of the facts iK.'fore advertcMl lo, lliat these acts relate strictly td private interests, do iinf cim- flict with any lorei|j,-n laws, ar(( ministerial ordy, and are of no cjTect until the evideiu-e they arriou.sly (luestinned wh(;ther any dilTerence in prin(Mple really (exists Ironi thatof Commissioners in the case proposed. In this, as in tho former case, the ('om- niissioner's ollico can be exercised only in relation to inter- ests of a ])rivate, local cdiaracter. It is also worthy of considiMidion, that in conf(>rrin<2,' such powers, due caution should be oliserviul in the st^Iec^tion of those only Avho possess the (;onlidence of th(; constituent, both for their ability and inte<^rity. But what becomes (d' this security if the constituent be compelled to sel(!ct from those appointed by powers or inlin- ences to Avhi<;h he is an entire strauj^'er, whose merits he is igriorant of, and Avhose operations he cannot conti'ol ! It is tru(^ the natural inference would b(; that those selected by a forei<;'n country to act in its own liehalf in like cases, vouhl be worthy of trust ; but as it is the principle which is under consideration, it would not be dilliiMdt to imag'ine extreme cases where most unlit appointments mi,t;ht l)e matle in other countries under the pressure of corru})t inlluonces or party claims; and yet, havin;^ no voice in the original ciioice, a * IDcnv!. II. 'JOl. ;'} " " ISl. 1 Croinp. ami J., olO. 3 iJiiifi. N. v., <'.:. 11). " 780. 20 colony tnig'ht bo cowjwlh'il to " scli'ct " such ofliciiils to act i\\ its own lioliiili'; while, shuiiM Kurh an unlit Kt'h'ction bo orii^'inally niado by the Cobjuy in apixtiiitinj;' its own Coniniia- sioudr, the remedy would always remain with ilscll". Til'.! precMjdin^ observations ar(! maiidy directed to the Constitutional question on which the objections to these ap- pointments are expressed, but (»ther coiisid(M'ationa on the score of convenience are not wanting;', som oflicial correspondence on this sub- ject l)etween the Colonial ami Imperial C!(jvernments.* Of this class, one claims special notice, and should not bo over- lot)ked. The Statute laws of the dilVeront Colonies vary materially from one another ; they vary also from those of the parent country, as tiiey do likewise from the laws oi forei<;'n states where the services of a commissioner may Ix; needed. In addition, all of these laws are modilicnl or entirely changed from time to time ; and it cannot be expected but that con- stant mistakes and informalities avIU thus arise, in executing the duties of such ati ollice, if oidy those conversant with one set of laws are necessarily to be selected to fill it. The experience of almost every professional man will rea- dily suggest illustrations of this. AVhilo un the other hand, in authori/,ing thrlr own commissioner for such purpose, each Colony would have special regard to his acquaintance ■with their local laws, and would keep him advised, from time to time, of such changes as relatcil to the exercise of his duties. In the preceding pages a parallel has 1)een drawn between the relative position of legislative powers possessed by the several States of the United States with those of the Xational Government, ami a corresponding position which, it is claimed, is occupied l)y those Colonies where the system of vfy If. C. ha Ke ti( tai rci se is it * Iloport of the Attorney Generiil of N( w nninswiek, inelofjed in despatch of Lieut. Govcraor of N. L. tu tlic Duke of Newcastle, 18th Feb., 18G1. lil ma- in ssivo sl('i)s wliicli luivo It'll to that result, tlu; Hclf-j^'ovcniin;.'; powition of tlio K('V(.>ral Stales and of tlio Xortli Aiiici-icMii CulonicH, in rela- tion to tlieir respoctivo National (loveniments, lias been at- tained by un entirely dilVerent (.'ourse ; bnt it is with tlio result as it presents itsidf, — the conceded fact of sucli lord ,sell-;j^overnineiit, — that wo are to deid : and the anido^y, it, is claimed, ?.s just and ai)plicable in the eonncction in which it has been ur<^'ed. Ui)ou tho wisdom of that Hystcm known as '•' E(.'sponsiblo Government,'' wiien con(;ed(,'d to the British Xorlh Amijrioaii Colonies, wise and able men entertained op|><>site opinions. Unt that system has been lor a considerable period estab- lished, and instances of no distant date will be in the mindti of Colonists where tho Home liovernmont has hold them to tho oxtremo working of that aystt'm, althougii requested by lar;^'e r(;presentalivo inlluence to interfere. Tho question, then, as to extra-territorial [towers assumed l)y Colonial Leg'islatures, has presonte(l itself undci these circumstances, and must bo viewed in the lij^'ht of existing facts. Tho several States are supremo in their legislative powers ttf^ lo lural nj/'airx, -dud the I'liited States (Government is su- premo ill all matters of a national character involving tho mutual relatio:;s and interests of tho States in their collec- tive capacity with those of foreign countries. In like man- ner the hnperial Govermnont of Great Britain, in conceding their ])rcsent system of government to her North American Coloiuos, declares in olfect, "In all matters of a local, pri- vate character you may legislate for and govern yourselves according to tho well-understood wishes of your peoide, sup- porting tho expense of such government, providing f )r it by local taxation, and remaining loyal to tho 13ritish Crown ; 22 but a certain supervision over your proceedings must ho ex- ercised by the Imperial Government, in order that you may not assume powers which conflict with its constitutional rig'hts or with those offoreifr-n countries ; with ^hem, as with us, you may have free conunorcial intercourse ; but, having no rehitions of a diplomatic character, the Imperial Govern- ment is answerable to foreign powers for you. Your legis- lation, therefore, must bo subject frt)m time to time to appro- val from the Homo Govenmient." That approval follows as of course, it is submitted, In all caset where, as in the present instance, the subjects legislat- ed upon are of a strictly local chai'acter, and where the laws vi' the Imperial or foreign govern ^^lents arc not, as a con- sequence of such local legislation, infringed or disregarded. Wiiile, therefore, in framing Colonial Acts, due regard should be had to the limits of Colonial jurisdiction, it is equally important that, in reference to the administration of local afl'airs and interests, with all powers incident thereto, Colonial Legislation should be left to its fullest operation. We have seen that between friendly foreign States the extra-territorial administration of their respective local laws is permitted on a princii)le of International Comity; and that an analoo;ous svstem of legislation and local self-iioverimicnt prevails in Great Britain and lier North American Colonies, It will 1)0 conceded, also, that the Acts in question relate strictly to the private local interests of the respective Colonies. With due deference, therefore, to the eminent authorities who have ollicially i)assed upon them, the conclusion appears inevitable, tliat iu authorizing the appointment of Commis- sioners by tlie Acts under consideration, the Colonial Legis- latures have not exceeded tlie just limits of their Constitu- tional Powers. T ^