The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1866-01-23
The Aotfolk gust.
TUESDAY. JANUARY %, 1856.
LOCAL INTELLIGENCE.

THE CASE OF ii ENGLISH SAILORS
Alexander Kennedy, Philip Amy, VIM.
Perryman, James Brown and George
Page, tried before Mayor Tabb on SAT.
urday on a charge of Mutiny on board
the British schooner Susan West his
Honor delivered the following opinion
"As to the question OF my Jurisdiction in this case. i
have ne difficulty. The arguments urged by the learned
counsel, to show want OF jurisdiction ut this tribunal
would as well show want of jurisdiction before every tri
bunal in the land and the consequence would be. foreign
ships arriving in ports Of the United States with offend,
ing seamen on board--seamen guilty ofatrocious crimes :
would have no alternative but to keep the guilty sailors
on board their ships till she shall return to the foreign
ports. This is an %absudlty in consequence, which proves
the uns6undness of the position. There is no doubt tho
government and laws Of a country prevail on board a
ship of that country, on whatever waters she NAV sail
and In whatever cline she may be moored; therefore, an
offence committed ON board an English ship, for example
while she is on the high seas, or when she may be moorej
in waters under the jurisdiction of anothsr power. ia an
offence against the laws of England, and it may be
granted in such case 1t is by comfy that a magistrate ot
the vicinage of the place Of offence takes Jurisdiction.
but in the case at bar, the offence charged is alleged to
have been committed, not only on board ship, but With,
the limits Of the city Of Norfolk.
at Is proved that the mariners refused to 60 ON bosr5
their ship when they were in this city. In such ease n
Justice OF the peace in the city of Norfolk bas jnr;sdia
ton, both under the actof Congress and under the statn,.
of Virginia, to inquire into u complaint of desertion md
characterization on the part of seamen, and may commit
or discharge from custody"
The act Of Congress provides that
"If such ship or vessel is fit to proceed on her intondea
voyage, after repairs, &c, and the seamen or mariner.
shall refuse to proceed on the voyage, it shall and may be
lawful for any justice of the peace to commit by warrant
under his hand and seal, any such seaman or mariner. 10
the common Jail Of the county or corporation"
And the statute Of Virginia provides that.
"a justice before whom a complaint against seamen "a
tried for desertion, &C., If the offence be proved. NAV com
init such seamen to the Jail of his county or corporation
&c. But ii 1t appear that any such seaman. while m,
board such vessel, has good ground to apprebend danger
to his life. limb, or to his health, should he be compelIed
to go on board such vessel. tho justice will discharge him
from custody"
"These plain provisions settle the question of iurisdic.
ton. The Court will therefore proceed to state that The
charge of mutiny, in the opinion of the Court, is not sus.
"Mutiny means instruction, sedition, tumult turbu
lence. No testimony has been detailed before the Conrt
to show that these men were fractions. tumultuous. or
seditious. The testimony for the prosecution distinctly
proves that these men complained that the ship was mn.
soaworthy--tha they had badly suffered on the yoysca
from the coast of Africa because of this unseawort6i.
ness-that II was q matter about which there could be no
dispute, aud therefore they. refused to proceed on the
voyage.
to perform duty-may refuse to proceed on a contem.
plated voyage, and be justified in their refusal, under the
laws of the land.
In the case of Rice VS.. Polly and Kitty, 8 Peters Ad.
miralty reports, page 400, it was held that
well grounded apprehensions of personal safety, will
Justify seamen In leaving the ship--that when mariners
enter into articles fort voyage, they do not thereby put
themselves out of the protection ofthe laws"
And In Flanders treatise ON the law of shipping, II il
laid down that M
"If the officers of a ship insist on proceeding on a voy-
age and the ship is unworthy, the crew has a right to
resist and refuse obedience. 1t lisa case of justifable self
defence, against an undue exercise ofpower."
Buff necessary repairs are made and the ship rem
dered seaworthy, then the seamen are bound to return to
duty. In the case OF Porter vs.. Andrews, 9th Johno re-
ports, 350-The vessel after her departure OH her voyage,
sprung aleak. and put back for repairs. The seamen
upon the repairs being completed refused to 60 on board
again, upon the ground the repairs were insufficient. The
Court decided the seamen were bound 10 return to duty
From the views now presented, ] should decide to COM
init these mel, to await the requisition of the captain of
the ship. But the question is raised as to the validity of
the shipping articles by which II Is sought to control
these mariners. The learned counsel commented on the
fact, that the termini Of a voyage must DO distinctly spe-
cited in the articles, or the mariner is not bound The
Court has no hesitation in announcing this to be IN
doubted law. according to the highest authority In the
decisions of maritime courts, in England and in this
country, viz.
That the voyage with the intendment of the statute,
means one, having a definite commencement aud end.
The terminus a quo, and the terminus od QUEEN, must be
stated precisely.
the articles, additions that are vague ara void for the I'M
certainty.
1t has been decided that a voyage from New York to
Curacao and else,oheJe means in shipping articles a voy-
age from New York to Curacao, and the word elsewhere
is rejected as being void for uncertainty.
In the present shipping articles the Language, from tho
terminus to any port ofthe habitable globe, is indefinite,
vague, and uncertain as any language that could be used.
kThe Court, therefore, under authority of law, decides {:
that the shipping articles in this case, being void for un
certainty as to the termini OF the voyage, that the ma
riners, arraigned before the Court, be discharged from
custody; and that their wages be paid TO them, to this
day, the Goth January, 1860.