In re Sutherland

Summary

The court denied a habeas corpus petition seeking the release of a seaman who had signed shipping articles, received an advance, and failed to join his assigned vessel. It held that the seaman was legally bound to render himself on board and became a deserter by failing to do so, while also observing that the purported treaty concerning deserters lacked legal force because Senate approval was not shown.

Holdings

1. The purported treaty had no legal force because the record did not show that the United States Senate had advised and consented to it; proceedings taken solely under that treaty were therefore ineffective.
2. A seaman who signs shipping articles requiring him to render himself on board at once is bound to do so; failure to join the vessel constitutes desertion. Because Sutherland was legally bound to join the Invergarry and came into the master's custody, his detention was lawful and the writ of habeas corpus was properly dismissed.

Questions Presented

1. Whether the purported treaty concerning deserters had legal force without advice and consent of the United States Senate.
2. Whether a seaman who signs articles requiring him to render himself on board at once becomes bound to join the vessel and may lawfully be held by the master after failing to do so.

Disposition

dismissed