Tucker v. Alexandroff

1902-01-06

Headline: Treaty-based surrender allowed: Court reverses lower rulings and lets authorities arrest and deliver a Russian seaman who deserted from a partly built cruiser in Philadelphia under the 1832 treaty and federal statute.

Holding: The Court holds that, under the 1832 treaty and section 5280, U.S. authorities may arrest and surrender a sailor who deserted from the launched Russian cruiser being built in Philadelphia.

Real World Impact:

Allows U.S. courts to arrest and surrender foreign sailors under treaties.
Makes it easier for foreign governments to protect crews of ships built in the U.S.
Means deserters may be detained while consuls arrange their return.

Topics: deserting sailors, foreign warships, treaty enforcement, immigration status

Summary

Background

William R. Tucker, the Russian vice-consul at Philadelphia, asked U.S. authorities to arrest and hold Leo Alexandroff as a deserter from the Russian cruiser Variag. Alexandroff had joined the Russian Navy in 1896 and came to the United States October 14, 1899, as one of fifty-three men detailed to man the Variag while it was being built in Philadelphia. The Variag was launched in October or November 1899 but had not been completed or accepted by Russia. Alexandroff lived on shore, received wages, left without leave on April 20, 1900, and declared his intention to become a U.S. citizen on May 24, 1900. A U.S. commissioner issued a warrant under Rev. Stat. §5280 on June 1, 1900, but lower courts discharged him.

Reasoning

The Supreme Court majority examined the 1832 treaty with Russia and section 5280, which allow consuls to request arrest and surrender of sailors who deserted from ships of their country. The Court concluded the Variag was a ship (it had been launched), intended as a Russian ship of war, and that the men detailed to her service were effectively part of her crew. The Court found a sufficient showing — including admissions and the offer of a passport — to treat Alexandroff as a deserter from that ship and therefore within the treaty and statute, so it reversed the lower courts and remanded for proceedings consistent with that view.

Real world impact

The decision means U.S. courts can, under a treaty and §5280, assist foreign consuls in reclaiming sailors who deserted from a launched foreign warship built in the United States. It affects foreign governments sending crews to take possession of ships built here and individual sailors who desert and seek residence or citizenship in the United States.

Dissents or concurrances

Four Justices dissented, arguing the treaty and statute cover only organized crews on completed ships and that these men, quartered ashore and never actually on board, were not entitled to surrender. They also emphasized that executive admissions without more did not waive U.S. territorial jurisdiction.