Harlan F. Stone

“ We can only conclude that it is the national policy not to extend the immunity in the manner now suggested, and that it is the duty of the courts, in a matter so intimately associated with our foreign policy and which may profoundly affect it, not to enlarge an immunity to an extent which the government, although often asked, has not seen fit to recognize. ”

“ If the Republic of Mexico now saw fit to put one junior naval officer on merchantmen which it owns but are operated by a private agency under arrangements giving that Government a financial interest in the venture, it would, I should suppose, be embarrassing to find that Mexico herself did not intend to be in possession of such ships. ”

“ The Court now seems to indicate however that when, upon the seizure of a vessel of a foreign government, sovereign immunity is claimed, the issue is whether the vessel 'was of a character and operated under conditions entitling it to the immunity in conformity with the principles accepted by the department of the government charged with the conduct of our foreign relations.'
If this be an implied recession from the decision in Berizzi Bros. Co. v. Pesaro, I heartily welcome it. Adjudication should not borrow trouble by worrying about a case not calling for decision. ”