Year: 1872

CoTstitutloBatity OF the New Shipping


Act--Has Congress Right TO Control


the Municipal Regulations or New


York .--Imterestiug Question of C0nssi-


tutfonaf Law--Doeisfon Reserved.


In September last two men, named Anderson and
Hopper, were convicted in the United States Cir
cult Court, before Judge Benedict, on charge OF
having in the capacity OF boarding house agents
or runners, and without the permission of the
master boarded the German bark Augusta Tctens
before she had reached the place or her final dest
nation in the port OF New York. The section Of
the Shipping act which these men have been found
guilty OF violating IS the sixty-second, and reads
as folows:-


That any person who not being IN the United States
purpose, goes board any ship arrive al The
% e efr has Ss asg eTS
psa q me net master sa s Sr every such offence incur
nrsonment for any period not exceeding months aud
such 9s 50 e IN en- ha o m s a any
ana deliver him up to any constable police officer sc.


Sentence upon the prisoners was suspended
hntil their counsel had an opportunity TO raise
questions affecting the consttut.onality OF the
law; and yesterday the case came up in the
United States Circuit Court before Judge Benedict
General Davies, United States Assistant District
Attorney. appeared to uphold the conviction and
the consttutionaty OF the law, and Nj. Robert





ARGUMENT or COUNSEL


Mr. r. Andrews made heightened argument on
behalf OF the defendants, In the course OF which he
maintained that this law was unconstitutional,
because Il put into The hands OF the master OF q
without vesse y" VARIANT pHmei The accused were not
arrested by the master or person in charge OF the
ship. Did he take them before a magistrate TO be
dealt with as the law directed ? In that respect
there was no compliance with the act There was
no evidence 20 show that the men went on board
the vessel without the permission of the master,
VINO was on SnOre at the time. Counsel further
contended that no proceeding could be had against
the defendants by Indictment.


Judge Benedict replied that there was clause in
the act which provided that if the line imposed
under it were not paid the party could be com
Mr.. Andrews sad that when the offender was
taken before justice Of the peace what was to be
done with aim


Judge Benedict-To be dealt with for committing
some offence.


Mr. Andrews contended that he might sue for a
penalty by giving information TO the District At
torney. The hne was to be 80 much the Court
should determine. The question was whether the
law could he carried out at all or q mere
nullity. He had right TO go through the act rom
beginning to end TO see whether it was possible to
act anything that gave the Court power by lpdict-
ment 70 prosecute for this offence. This law
never intended to apply TO vessels belonging to
IL was preposterous to say that America could
pass laws TO regulate what should lie done on the
ships OF other nations Could it he held for a mo-
ment that foreign ships coming into ports were
to be regulated by laws enacted In the Congress OF



the defendants were charged with boarding in this
port, was German vessel. She sailed under the
German flag, and ii was impossible to hold that the
law to which he was referring applied to other
than the ships OF this country Independent of the
question that they had no right whatever to make
TINS law apply TO foreign vessels It was clearly the
intent oi Congress that II should deal with Ameri-
can ships alone This German vessel had arrived
at her place OF destination, in the port OF New
York, and II she went to another place-the
pier a. the foot OF Desbrosses streetto discharge
her cargo ttat was q matter OF no consequence.
She had anchored in the waters OF the harbor Of
New York; she had arrived at the port OF her final
destination when the prisoners boarded her; but
His Honor al the trial ruled that she had not
rived at her actual place Of destination until she
had anchored at the pier at the foot of Desbrosses
street He tair. Andrews) submitted that that ruling
was erroneous. What right had Congress to yio-
late the constitution by passing a law to regulate
the affairs OF this State-a law regulating. what
should be done on board vessels within the inter-
nal waters OF the harbor OF New York, whose mu-
nicipaity had power to regulate ana control its
own municipal affairs and police 2


ARGUMENT or GENERAL DAVIES.


General Davies replied that bis learned OPP
p0nent had dealt IN number OF hyp0thetic cases
that did not apply TO tins matter. The prisoners
had gone OH board without the authority OF the
master, or rather the mate, who was in command
OF the ship in the absence OF the master This was
the offence which the prisoners had committed
The evidence showed that the men of their own
free will went on board without leave. As to what
was to nc done with the penaltes that had moth
Ing to do with The point IN issue. He General
Daviesl contendcd that Congress had power TO
pass laws regulating foreign vessels while they
were within the jurisdiction or the United states,
just as they had power to pass laws dealing with
foreigners, with the offences Of foreigners commit
ted in this country with the customs and various
other matters. In conclusion he argued that u
temporary anchorage OF the vessel in the lower
bay not permanent mooring In contempla-
lion OF the law, and this being So the accused had
violated the law by going on board the ship before
she reached her final destination and without the
PERMISSION OF the master.


Judge Benedict said he would look into the mat.
ter and give his decision next saturday.