Tucker v. Alexandroff
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COITRT OF APPEALS FOR THE THIRD CIRCUIT. This was a writ of habeas corpus issued upon the petition of Alexandroff, to inquire into the cause of his detention by Robert C. Motherwell, keeper of the Philadelphia County Prison, and Captain Yladimir Behr, master of the Russian cruiser Yariag.
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CERTIORARI TO THE CIRCUIT COITRT OF APPEALS FOR THE THIRD CIRCUIT. This was a writ of habeas corpus issued upon the petition of Alexandroff, to inquire into the cause of his detention by Robert C. Motherwell, keeper of the Philadelphia County Prison, and Captain Yladimir Behr, master of the Russian cruiser Yariag. The petition set forth that the petitioner was illegally detained upon a commissioner’s warrant, issued upon the affidavit of Captain Behr, to the effect that he was a duly engaged seaman of the Russian cruiser Variag, whose term of service had not expired; and that he had on or…
1Opinion of the CourtJustice Brown
Upon the facts of this case, the District Court and Court of *428Appeals were agreed in the opinion that neither under terms of the treaty of 1832 with Russia nor upon principles of international comity could the relator be delivered over to the master of the Yariag as a deserter.
In committing him to the Philadelphia County Prison, the commissioner acted in pursuance of Rev. Stat. sec. 5280, which provides as follows : “ Sec. 5280. On application of a consul or vice-consul of any foreign government having -a treaty with the United States stipulating for the restoration of seamen deserting, made…
2Cases cited14 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
- United States v. RauscherSupreme Court of the United States · 1886
- Robertson v. BaldwinSupreme Court of the United States · 1897
- Workman v. New York CitySupreme Court of the United States · 1900
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