48 mummy nmronrmn.
here and enter into competition with the labor of the country. Upon
this ground, also, it is clear to my mind that the act does not apply to
the crew of the Patrician. Of course, a Chinese seaman, although
allowed to come into the ports of the United States as one of the .
crew of a vessel from a foreign port, does not thereby obtain the right
to remain in the country and become a laborer therein; and if the
master allows him to go ashore permanently, the latter would be lia-
ble toremoval, and the former to the punishment prescribed in sec-
tion 2 of the act. But such seaman would have the same right to be
· on shore temporarily and not otherwise employed than in the busi-
ness of the vessel during her stay in port, as those of other nation-
alities.
Counsel for Moncan also claims that the act does not apply to him
at all, and that he is entitled now to remain in the United States, as
a laborer, because he was lawfully on board of an American vessel
as a member of the crew thereof after.November 17, 1880, and before
· the passage of the act, where he has ever since remained. The rule is
well established that the vessels of a nation are to be considered as a
part of its territory, and the persons on board of them are deemed to
be within the jurisdiction and are protected and governed by the laws
of the country to which such vessel belongs. Vattel, book 1, c. 19,§
1 216; Wheat. Internat. Law, 157; 1 Kent, 28; Ompo v. Kelly, 16
Wall. 611. "
In the Matter of Ah Sing, 10 Pac. C. Law J`. 52, [S. C., 13 FED.
Bur. .286,] Mr. Justice Finnn says:
“ An American vessel is deemed to be a part of the territory of the state
within which its home port is situated, and as such a part of the territory of
the United States. The rights of its crew are measured by the laws of the
. state or nation, and their contracts are enforced by its tribunals."
For many purposes, in contemplation of law, Moncan has been
within the territory and jurisdiction of the United States ever since
he sailed from England on the Patrician, and I think this ought to
be considered one of them. He joined the crew of an American ves-
sel, bound for a port in the United States, before the passage of the
act, and while in that condition is brought within the actual territo-
rial limits of the country. To drive him back now from our shores as
as a person prohibited by this act from residing within the United
States, would, it seems to me, be giving it a narrow and harsh con-
struction, utterly at variance with the spirit and intent of our treaty
stipulations. V