Legal Opinion · Concurring in the judgment

Crapo v. Kelly

Supreme Court of the United States

Decided April 14, 1873Published

Error to the Supreme Court of New. York; the case being thus: On the 18th of January, 1861, the American ship Arctic, owned, as to one-half, by Gibbs & Jenny, of Massachusetts, and registered as to that half in their1 names, in the port of Eairhaven, in the State aforesaid, was at the guano islands in the Southern Pacific Ocean, and on that day set sail from the said islands for New York.

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Error to the Supreme Court of New. York; the case being thus: On the 18th of January, 1861, the American ship Arctic, owned, as to one-half, by Gibbs & Jenny, of Massachusetts, and registered as to that half in their1 names, in the port of Eairhaven, in the State aforesaid, was at the guano islands in the Southern Pacific Ocean, and on that day set sail from the said islands for New York. On the 12th of February, and the'6th of March following, the ship, then sailing on the said ocean, and the said Gibbs & Jenny being insolvent and applying voluntarily to the judge of the insolvent court of…

1Concurring in the judgmentJustice Cliffokd

Unable to assent to the opinion of the court just delivered, I will proceed to state the reasons which induce me to concur in a reversal of the judgment brought here for re-examluation.

Ships and vessels of tfye United States, said Mr. Justice Nelson, are creations of the legislation of Congress. None can be denominated .such or be entitled to the benefits and privileges thereof except those registered or enrolled by virtue of the act for registering aud clearing vessels and. regulating the coasting trade, or those which are registered or enrolled in pursuance of the act for the registering…

2Cases cited4 opinions

  1. Mills v. DuryeeSupreme Court of the United States · 1813
  2. The Marianna FloraSupreme Court of the United States · 1826
  3. Winsor v. McLellanU.S. Circuit Court for the District of Massachusetts · 1843
  4. Wheeler v. SumnerU.S. Circuit Court for the District of Massachusetts · 1826

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