Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-07-11
The opinion of Judge Story, referred
to in the foregoing is subjoined-
UNITED STATES vs.. WIN. ROGERS
AND OTHERS.

JUNE TERM, I83S-AT NEWPORT.
Indictment against the defendants for
an endcayor TO commit a revolt on the
10Th Of May, 1888, on board the brig
Troy, belonging TO Bristol, Il. |. alleged
to be arcSistcrcd ship, owned by certain
citizens OF the United States, named in
the indictment, and the defendants being
sworn seamcn in and on board thereof,
against the act of Sd of March, 1885
ch. 40. Plea, not guilty.
Il AT the trial il was admitted by Greene,
the district attorney, that the brig was at
the timc when the supposed offence was
committed, (May 1889 engaged in a
whaling voyage, and her crew were, by
the shipping articles, in the same year
shipped for a whaling voyage. The
ships register was dated in 1888, and
the voyage was undertaken without any
surrender Of the register, or taking out
an enrolment and license pursuant to the
act Of 18th February, 1893, ch. 50, for
enrolling and licensing vessels employed
in the coas,ing trade and fisheries.
/ Upon this statement, which was agreed
to be the truth of the case, the Court
suggested doubt whether the offence,
if any, was, under the circumstances,
within the purvicw of the statute and
the case was spoken to by Greene,
district attorney, Randolp pin and Pearcc
| being counsel for the defendants.
Il SronY J.-I am unable to persuade
myself that the present Indictment is
maintainabe under the circumstances
The act of 1885, ch. 40, provides that
If any one or more of the crew Of an
American ship or vessel on the high
seas, &c. shall cndeavor to make a re-
volt, he and they shall, on conviction,
be punished as provided for in the act."
| To bring the cases within the statute,
the voyage for which the seamen are
shipped must be lawful one, and they
must at the time be of the crew Of an
American ship or vessel; and, Of course,
tween them and the master. The statute
of 1898, ch. 90, sec. ! enacts that such
ships or vessels as are enrolled and il.
censcd according to the provisions OF
that act, "and none others, shall be
deemed ships or vessels Of the l. nitcd
States, entitled to the privileges Of ships
engaged IN the coastlng trade or fish
cries )" and the whale fisheries are ex-
/ pIessly within the puiview of the act, as
is abundantly seen in the form of the
license prescribed by the fourth section.
Now, It seems plain TO me that no reg
istercd ship is entitled to carry on the
usual fisheries, as an American ship, or
as being entitled to the privileges of an
American ship, under The statute Of 1893
ch. 81. The third section declares that
It shall be lawful for the collectors Of the
several districts TO enrol and license any
ship or vessel which may be registered, ,
upon such registry being given up, or to
register any ship or vessel that may be
enrolled, upon such enrolment and H.
ccnsc being given up aud The sixth
section treats every ship and vessel so
enrolled and licensed, and found cDgac-
ed in the trade, as liable to pay the same
fees and tonnage IN every port Of the
United States as ships or vessels not be-
longing 10 u citizen or citizens of the
United States and under certain cir
curnsiances, the ship or vessel, and lis
Iadipg, becomes liable TO forfeiture -
Wy opinion, therefore, is, that this ship
cannot be deemed an American ship
within The sense Of the third section oi
the statute of 1895, ch. 10, on which this
indictment is founded, and The. crew are
npt tho crew OF such IN American ship
lo' vessel as Is contemplated by the act