The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-06-26
Form the Providence Journal.

P,v,yw OF JuDoE SToRY's DECISION o.
, N.r,oS.LIrY OF REGISTERED VESSEL.
There are but very few men, il any, who's
LEGAL opinions better bear the test of criticism
,h,n those of the Hon. Joseph Story; yet
=, rus, be admitted, that even that eminent Jur
lot though generally right, is sometimes wrong
Considering him the most learned Judge on tn
h.nch M the Supreme Court OF the Unite
, States and Of the age in which ne iires-hsv
j inc the highest opinion OF the soundness Of hi
Judgment and the purity his Intentions and b'
Ij;evinp he can at all times be convinced by ar
oumenr. have presumed to submit few re
marks. on his recent decision on a most impor
,,nt ouestion of Revenue Law.
Al the June Term, 1888, OF the Circui
> Can't of the United States, William Roger
and others, were indicated under the act o
lConoress, 1885, ch. 40, for endeavOring q
! MAKE a revolt on board Of an American Regis
It,,,d shin. engaged in the whale fisheries. Al
fer the reading OF the Indictment, Judge Stor.
snppested the doubt, whether the offence
anvil was under the circumstances, within th'
vuryiew Of the Statute. The doubt arose from
the fact that the vessel was, as averred IN th'
Indictment. registered. On the suggestion o
( the doubt, the Hon Judge remarked and no"
use his own language. written out by himself
some time alter the ucclsloh -
"SToRY j. am unable to persuade myself
that the present Indictment is maintained un-
der the circumstances. The act OF 1885, CHI.
40, provides, that " il any one or more Of the
crew of an American ship or vessel on the high
seas, shall endeavor to make a revolt, he and
they shall on conviction, be punished as pro-
yided for in the act. TO hiring the case with
in the Statute, the voyage for which the sea
men are shipped, must be lawful one. and
they must be of the "crew' of an American
shin or vessel and of course there must exist a
lawful relation between them and the master.
The Statute Of 1898. ch. 81 Is ~ enacts, that
such ships or vessels as are enrolled and lcen-
sed according to the provisions OF that act " and
none others shall be deemed ships or vessels Of
the United States, entitled TO the privileges
of ships engaged in the coasiing trade or fisher
les" and the whale fisheries are expressly
within the purview of the act as is abundantly
seen in the form of the license prescribed by
the 4th section.-Now it seems plain to me,
that no registered 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 1893, ch. 50. The
third Section declares that it shall be lawful
for the Collectors Of the several Districts to en-
rol 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 license
being given up. And the 9th Section treats
every ship and vessel not so enrolled and Ii.
censed and found engaged in the trade, as liza
BILE to pay the same fees and tonnage in every
port Of the United States. Aud under certain
the ship or vessel and its lading.
becomes liable to forfeiture. MyopiniOn there
fore is, that the ship cannot be deemed an A
mercan ship within the sense OF the Sd Section
Of the Statute Of 1885, ch. 40, on which this
Indictment is founded and the crew are not the
crew Of such an American ship or vessel as is
contemplated by the act. On this ground the
Indictment would fail upon the facts.
Indeed, my impression is, that upon the
manifest intent Of the act of 1898, ch, 40, no
registered ship or vessel, can while she remains
registered, engage in the whale fisheries; but
she must surrender her register and be enrolled
and licensed for the fisheries, and II she should
be found engaged in such fisheries, without
such enrolment or license, at least if she has
on board any article Of foreign growth or man
ufacture or distilled spirits other than her
stores, she should be forfeited. The main
purpose of the act would be utterly frustrated
upon any other construction and the main Sc
curites and privileges OF the trade be defeat
ed.'
This decision has in recent case been CON
irmed by the same learned Judge in Boston,
md coniormaby thereto, has been adopted as
he law Of the land by the Comptroller of the
Treasury of the United States. Its importance
o the commercial community is immense; 1t
,verthrows a construction OF the laws settled
nd confirmed by the almost uniform practice
u forty years, and ruins the present prospects
Il the hardy and adventurous navigasors who
rive the harpoon, aud the enterprisng owners
f more than one hundred aud twenty FIVE
housand tons of our commerce.
Ii appears TO me passing strange, II the law
5, as laid down by the Judge, that it should
ot have been so construed long since; that
he uniform practice Of this country-that the
obstruction of merchants, Of lawyers. of col /
ectors, and all others, should have been dia- |
netrically opposite to il. At the last returns
D the Secretary of the Treasury, the register /
d tonnage OF the United States engaged in the .
hale fishery, amounted to one hundred and
wenty eight thousand tons while the enroll |
d amounted only TO eighteen hundred tons,
'rge portion Of. which is engaged in whale
shing on short voyages, not exceeding one
ear. The Importance then, OF this decision is
immense, aud deserves great consideration.
The Act Of 1898, Sec. ]. Provides that (
essels OF twenty tons and upwards, enrolled .
nd having a license, and vessels at less than |
yenty tons, not enrolled, but having a license
force. and no others, shall be deemed vessels
{ the United States, entitled 10 The pririieges of
sssets employed ia the codsting trade and usher I
s."
On these words Of the s,atate, the Jaaye has
esded, that no vessel over twenty tons, engag-
4 in the fisheries, without an enrolment and
-, , tb