New Orleans Republican., 1873-01-30
THE COURTS.
Tinted States Circuit Court.

Of bobeas corpus, reported brleny ID the
REPrBLICAN yesterday, has excited so much
comment that we are authorized 10 deNote
fuller space TO the matter.
This case involves great Gea! OF inter
MT as manifested in the action taken by
,be British consul and British shippers
generally with regard to the rulings OF
commissioner Weller and Commissioner
Shannon on the question as to an American
sailor signing articles on board Iorelgh
vessel in a foreign port, and the eHecl Vi
tho contract when the parties TO the same
~, tHo IN tho Tinted States While Com
mis.ioner Weller holds that an American
na;Ior viii not be entitled to his discharge
tom an English vessel where the contract
hos heen entered into bona hde between
fine partics. unless there Il proof that me
sailor has received ualtreatment from tue
cautain or officers OF the snlp, Coiilhls-
sirner Shannon holds that the rlSht OF an
American sailor can not Uc lhlpdilep " Guy
contract of shipping that he may nave en-
tered into in sfureign port, and mat as
soon As he arrives in any port Of the Cnlleu
States his arrival operates as a dlschaTge
opd annnlmeut of his contract to serve. lie
also holds that an American saiior can
Droye his citizenship by his own oath
As will be seen from the proceedings mere
fhe court sustalns the grouh9 UdhIn
Commissioner Shannon, namely, lhat an
American citizen can prove his cltizeh7hiP
IN the courts of his own country, Dy his own
5,sth and that the courts Will go Dehind
eLa wr;tt IN articles in order to determine
she rights of the parties aggrleved;
Rnt in addition to the above, Mr.. shan
,1op's other important rulings are mat a
ceonsul's certificate OF acknowledgement Oh
,sbinmrnt of seamen is not conclusive upon
III seaman. but he may show by parole
that such certificate is Incorrect especially
vhen under oath, seaman does not ac-
knowledge the signature to the shipping
articles to be his. r
Also. that where a seaman, cltlzen OF
the United States, in port other than that
from which foreign vessel commenced
her VOYAGE. having shipping articles, or
articles of agreement from such port OF
original departure, joins such ship WINE
upon a round voyage, he may, notwlth-
standing shipment at such other port, on
his arrival at a port of discharge IN the
United States claim his discharge from
Csuch vessel.
1t may be appropriate to remark here
Chat the department at Washington mas ol-
reoted inquiry to be made testing th9 va
Edity of the Admiralty rulings of Conmls-
c,oners j. B. Weller and IL. X. shannon,
with a view TO harmonic proceedings, ana
TO establish CERTAIN rules for the govern
meDt of such important cases before them
Already Mr.. Beckwith has addressed hIm-
self 10 each, and we look forward to any
light he may throw on the subject.
Although there had been no return to the
writ made in this case, the reiator was al
lowed to attend court this morning by the
captain with whom he had contracted to
serve. The B itish consul was also present
and took part in the proceedings.
Seorge Alexander, the relatOr, sworn
Ggned this petition Tor habeas corpus; /
was detained on board the vessel III the
i =, I.H fl,.a Napy a
q tain Main is master he refused to give me
my discharge; | was born i'll this country
ia Portland, Maine / have always resided
ia this country shipped on board OF this
vessel in Glasgow did not sign shipping
articles iR the port Of Glasgow until alter
gefG it.
The British consul here interrupted and
said:
"Ngitk your honors permission, will
state, on behalf OF the captain, that the
syrif was not served until late last evening
and we had no time to obtain legal assist
.ance. would, therefore, ask the courtesy
and consideration OF the court TO be allow
,ed to object to anything being asked TO the
witness in relation to the shipping articles
until they are produced.
The Court-PrOduce the articles, then
thry are in posses ion of the captain
Consul-As | understand, the man Is
here: he il not detained by the captain, and
] thought the production OF the article:
would not be necessary.
The Court-Order tho captain to produce
the shipping articles; he is British subject
Consul-No parole evidence can bc given
20 anuul a written document.
The Court-Bat the witness says he die
not sign the articles until after he left Gias
gov The court will 60 behind the articles
II the articles are not fraudulent, you mus
show it. Shipping articles have not th'
sanctity of a bond.
Witness Iesumed-I was bound by th'
articles to remain two years on board o
the vessel
Mr.. Hudson, Esq, here informed th'
court that he would be pleased to appear
for the captain in this case, and asked The
court to sustain the objection TO anythinl
in relation to the shipping articles.
Witness continued-We sailed from Glas
Cow 10 Rio Janeiro, and thence to Per
DambucO, thence to New Orleans; do moi
know the port to which she is destined
from here; how happened to be 10 Glas
Cow when this vessel sailed was because
went across in an English vessel from New
York; | was there compelled to 60 on board
this vessel by boarding master: he kept
sailors boarding house; | was placed or
board of the vessel against my Will, and
this is the first American port at which the
vessel has touched.
American citizen; ] have no protection
papers; l never had any; I have been five
years going to sea, but have never left this
country until this time; was iu the coast
ing trade; 1 am twentysix years old:
know nobody in this city; have no family;
my fathers name - IheOphiius Morgan
and lives about twenty miles from Port
land, Maine; my name Is George Alexander:
am under my mothers name.
Raayamiupl-Ihp can't ain refused ta Iii 4
charge me here, or let me go from the ship;
have been detained there; ! was given %
understand that had no right to leave the
vessel: was forbidden 60 90 ashore with
out permission; ! have been ashore with
permi-sior; 1 was ashore yesterGay.snd 60
aay: she day before yesterday was refused
permission ts 60 ashore; yesterdao was
ashore to SEQ an attorney; had not spe-
eial permission to 20 ashore on these occa
sions; D came ashore. 1 suppose, without
asking permission; the reason ] say Wai
&orcibly detained on the vessel is because
ean not leave her; have, however, left he'
fUr a feS hours; I am compelled to sta, of
she ship because She captain vii! not dis
aharge me
The court 20 SIR. Hudson-ff you 30 no
Sish tO detaiu him ON the ship, let him go
Mr.. Hudson-Ue 10 no: G!simin. his dis
charge from the ship.
The GoUrt-1f y person is in faS and tolC
1Tlat be must stay 'hera. he must 90 80.
ecu seIi thI. man thar il. mus: come bacl
to the ship or you will punish liul. ae ]!
Fike prisoner within walls.
Mr. Hudson-NYe will ask !Of costs thi
sime, and sake up the question .: the I'll.
sharge atteIwaTd.
The Ecurt-You mus: iesaiI or Iischsrg.
h;m now. II yoU claim THAI he has been il
your service aud that lie must no; &c, or Sol
will punish him if he does nor come back
fe 10 then =, mach iH y"ur power "hc. ~
goes ashore 40 if h. was az board.
Mr.. UdGsOn-If he claims his dl.charg'
in this say, without the question 0: wage