Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1840-01-09


the Statute is to be construed strictly
and The language is not to be enlarged
to cover case standing upon similar
grounds, II the ordinary Interpretation of
the terms woulo not reach il.
Now, the ordinary meaning which we
annex in commercial transactions To the
words "a vessel bound on foreign
voyage" is, that it refers to voyage
to some port or place within the territory
and jurisdiction Of some iorei gn SOW
ereign. We do not restrict the mean
ing Of the words to voyages carried on
hey ond the actual territorial limits Of the
\ United States, in contradistinction to
voya on our inland waters, or to mere
coasting navigation in our sounds and
rivers We should not call voyage
from Boston to New Orleans foreign
voyage, although great portion of the
voy age is out ol The limits of the United
States. In such case the terminus Of
the voyage settles the description. On
the other hand, we should call voyage
from Boston TO one Of the W. |. islands,
as for example to Cuba, q foreign voyage,
for the very reason that one Of the ter
mini Of the voyage for the purposes Of
the enterprise is within foreign terrific
Try. So, We never speak Of a voyage in
the Bank and other Cod fisheries MS
foreign voyage, although in such
voyage the vessel may sometimes touch
at a foreign port. Why ? Because the
ocean is deemed The common highway
Of oil nations and foreign to none. 1t is
in no just sense within any foreign ju-
risdction. And here, again, We are
governed in the appeIlslion by the de-
scriptive termini of the fishing voyage !;
he port from which the vessel proceeds
and To which she is to return. ! know
no difference in this particular in com
mon usage between fishing voyages and
whaling voyages. Whaling voyages
are emphatically voyages on the ocean.
In short, as generic expression a
foreign voyage" means, in the language
of trade and commerce, a voyage to some
port or place within the territory of
foreign nation. This is emphatically
true throughout the provisions Of the
duties collection act Of 1899, ch. 1913,
which still constitutes the leading statute
to regulate our intercourse with foreign
nations for commercial purposes. The
words there used with regard To forcign
mPortatious are goods brought from
foreign port or place." or vessel arriv-
ing " from foreign port or place y
Similar descriptive phraseology will be
found in the act for the government and
regulation of scamen in the merchant
service, 1890, ch. sc, sec. %, where
shipping articles are required on voyages
Of n shi p or vessel bound from a port
ofthe United States to any foreign port"
On the other hand, in the act of 1918,
CHI 9, requiring shipping articles in the
Bank and other Cod fisheries, the words
are "any vessel bound from a port Of
The United States to be employed in such
fisheries" The navigation act Of 1917,
ch 2O4, insists throughout upon similar
distinctions.
Passing from these general considera.
tions let us see whether any fixed inter
pretation Of different sort is to be found
in the laws OF the United States. Ii
there be not, then ! take it to be clear
upon the established rules Of interpret ta-
ton Of Statutes respecting commerce,
that the common commercial sense ofthe
words is to be adopted, unless there be
a distinct controlling sense put upon the
words by the Legislature. The Supreme
Court Of the United States have uni
fOrmly acted upon this doctrine.
| do not recollcct but two instances in
which the phrase "foreign voyage" oc-
ours in the laws of the United States,
and two only have been pointed out at
the argument and after such thorough
researches by Counsel ] presume none
other exist: one is in the Statute Of 1903,
ch. 90, now under consideration. The
other is in the act of 1893, ch. 50, for
enrolling and licensing ships or vessels
to be employed in the coas,ing trade and
fisheries" Now, this act is the only
one specially directed to the whale fish.
cries as well as to the cod fisheries. In
the 9th section it declares, "that if any
ship or vessel enrolled or licensed as
aforesaid shall proceed on foreign
engage without first giving up her enrol
ment and license" &c. &C., she shall
be liable to seizure and forfeiture Now
\ lHtIo 'hc WOfus are uIStinCt ana dppT0-
pirate, and applied to the very subject
matter Of the whale fisheries. "For-
eign voyages" is used in contradistinc-
ton to fishing voyage and whaling
voyage, expressing the clear sense Of
the Legislature, that fishing voyage or
whaling voyage is not a "ioreign
voyage" Nearly thirty years ago this
very question under that act came before
the Court in the case Of The Three
Brothers, GaIlison's r. l42) and il
was then decided that n fishing vessel,
which according to the course and usage
Of the fishing employment, went to
foreign port, if it was not for the purpose
oftrade there, was protected from seizure
and forfeiture. In short she was not
engaged in " foreign voyage" in the
sense OF the act.
Here, then, we have n clear express
sion Of the Legislature on the very point
Of INTERPRETATION Of the words foreign
voyage " Upon what ground can this
Court, then, declare, that a whaling
voyage is foreign voyage, when Con
gress have used the words in contra
III i.