Ex parte D'Olivera
U.S. Circuit Court for the District of Massachusetts
On a former day of this term, Samuel D. Parker, as counsel for |Antonio] D’Olivera and others, moved the court for a writ ' The cause was shortly argued by Parker for the petitioners, and by William Sullivan for the master of the vessel, upon whose, complaint they had been committed.
1Opinion of the Court
STORY, Circuit Justice.
The only difficulty, which the court has felt in this case, has been from the warrant of commitment being in the name of the commonwealth of Massachusetts. and not of the United States of America. That the justice meant to act under the authority of the United States, and in a case, which he supposed to be within the 7th section of the act of the 20th of July, 1790, c. 29 [1 Stat. 131], for the government .and regulation of seamen in the merchants’ service, is conceded on all sides, and can admit of no reasonable doubt. Desertion from a merchant ship is no offence,…
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