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. ”
