Summary

Portrait of Henry Billings Brown Henry Billings Brown Tucker v. Alexandroff — Opinion of the Court

We do not regard it as material that the Variag had not yet been commissioned as a member of the Russian navy. The mere commissioning of a ship does not make her a ship of war, but merely indicates that she is assigned to active service. A merchant vessel, built for the purpose of trade and commerce, is a merchant vessel, though she may not yet have received her register-a formality only necessary to entitle her to the privileges of an American vessel. To hold that the treaty applies only to commissioned vessels of war is to introduce into it a new element and to rob it of a valuable feature.
Source: Wikisource

Portrait of Henry Billings Brown Henry Billings Brown Tucker v. Alexandroff — Opinion of the Court

While we have no doubt that, under the case above cited, the foreign officer may exercise his accustomed authority for the maintenance of discipline, and perhaps arrest a deserter dum fervet opus, and to that extent this country waives its jurisdiction over the foreign crew or command, yet if a member of that crew actually escapes from the custody of his officers, he commits no crime against the local government, and it is a grave question whether the local courts can be called upon to enforce what is in reality the law of a foreign sovereign.
Source: Wikisource

Portrait of Henry Billings Brown Henry Billings Brown Tucker v. Alexandroff — Opinion of the Court

In the baptism of launching she receives her name, and from the moment her keel touches the water she is transformed, and becomes a subject of admiralty jurisdiction. She acquires a personality of her own; becomes competent to contract, and is individually liable for her obligations, upon which she may sue in the name of her owner, and be sued in her own name.
Source: Wikisource

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