I have heard bits and pieces of the argument that “citizens are vessels
of the United States”, but only recently was provided something
explaining its parameters. Now that I understand it, I wish to explain
why it is wrong. (Note: The below links go to FindLaw and access
is free, although if you have not signed up, you will have to do so;
there is no cost).
The argument is based on 18
U.S.C. § 9, which
provides:
The
term “vessel of the United States”, as used in this title,
means a vessel belonging in whole or in part to the United States, or
any citizen thereof, or any corporation created by or under the laws of
the United States, or of any State, Territory, District, or possession
thereof.
To learn the meaning of this sentence,
it must be diagramed. The
preposition, “to", and
adjective "the”, are two
words in a complex
prepositional phrase. There are 4 objects of this prepositional phrase, which are:
1. The
first object is “ the United States”;
2. The second is “any citizen thereof”;
3. The third is “any corporation
created by or under the laws of the
United States”; and
4. The fourth is “any corporation
created by or under the laws of * * *
any State, Territory, District, or possession thereof.”
These 4 objects modify “vessel”. Thus
properly diagramed, a vessel of
the United States is defined as:
1. A
vessel “belonging in whole or in part to the United States”;
2. A vessel “belonging in whole or in
part to * * * any citizen
thereof”;
3. A vessel “belonging in whole or in
part to * * * any corporation
created by or under the laws of the United States”; and
4. A vessel “belonging in whole or in
part to * * * any corporation
created by or under the laws of * * * any State, Territory, District,
or possession thereof.”
A citizen is not a
vessel of the United States. A vessel of the United
States is defined as one “belonging in whole or in part to * * * any
citizen thereof”.
Another law that is drafted almost similarly and has
almost
the
same meaning is 16
U.S.C. § 2432:
(10)
Vessel of the United States
The term "vessel of the United States"
means —
(A) a vessel documented under chapter
121 of title 46 or a vessel numbered as provided in chapter 123
of that title;
(B) a vessel owned in whole or in part
by —
(i) the United States or a territory,
commonwealth, or possession of the United States;
(ii) a State or political subdivision
thereof;
(iii) a citizen or national of the
United States; or
(iv) a corporation created under the
laws of the United States or any State, the District of Columbia, or
any territory, commonwealth, or possession of the United States;
Please also notice that the "term 'vessel of the United States'",
applies as it is "used in this title", and thus this definition applies
when this phrase appears in that title (and only that title), unless
otherwise
indicated. How is this phrase used in 18 U.S.C.? This phrase
appears in at least 10 other sections of 18 U.S.C., which are:
(some are quoted below for your convenience)
18
U.S.C. § 7. Special maritime and territorial jurisdiction of
the United States defined.
18
U.S.C. § 229F. Definitions.
18
U.S.C. § 546. Smuggling goods into foreign countries.
Any
person owning in whole or in part any vessel of the United States who
employs, or participates in, or allows the employment of, such vessel
for the purpose of smuggling, or attempting to smuggle, or
assisting in
smuggling, any merchandise into the territory of any foreign government
in violation of the laws there in force, if under the laws of such
foreign government any penalty or forfeiture is provided for violation
of the laws of the United States respecting the customs revenue, and
any citizen of, or person domiciled in, or any corporation incorporated
in, the United States, controlling or substantially participating in
the control of any such vessel,
directly or indirectly, whether through
ownership of corporate shares or otherwise, and allowing the employment
of said vessel for any
such purpose, and any person found, or
discovered to have been, on board of any such vessel so employed and
participating or assisting in any such purpose, shall be fined under
this title or imprisoned not more than two years, or both.
18
U.S.C. § 2191. Cruelty to seamen.
Whoever,
being the master or officer of a vessel
of the United States, on the high seas, or on any other waters
within the admiralty and maritime jurisdiction of the United States,
flogs, beats, wounds, or without justifiable cause, imprisons any of
the crew of such vessel,
or withholds from them suitable food and
nourishment, or inflicts upon them any corporal or other cruel and
unusual punishment, shall be fined under this title or imprisoned not
more than five years, or both.
18
U.S.C. § 2192. Incitation of seamen to revolt or mutiny.
Whoever,
being of the crew of a vessel of
the United States, on the high seas, or on any other waters
within the admiralty and maritime jurisdiction of the United States,
endeavors to make a revolt or mutiny on board such vessel, or combines,
conspires, or confederates with any other person on board to make such
revolt or mutiny, or solicits, incites, or stirs up any other of the
crew to disobey or resist the lawful orders of the master or other
officer of such vessel, or
to refuse or neglect his proper duty on
board thereof, or to betray his proper trust, or assembles with others
in a tumultuous and mutinous manner, or makes a riot on board thereof,
or unlawfully confines the master or other commanding officer thereof,
shall be fined under this title or imprisoned not more than five years,
or both.
18
U.S.C. § 2193. Revolt or mutiny of seamen.
Whoever,
being of the crew of a vessel of
the United States, on the high seas, or on any other waters
within the admiralty and maritime jurisdiction of the United States,
unlawfully and with force, or by fraud, or intimidation, usurps the
command of such vessel
from the master or other lawful officer in
command thereof, or deprives him of authority and command on board, or
resists or prevents him in the free and lawful exercise thereof, or
transfers such authority and command to another not lawfully entitled
thereto, is guilty of a revolt and mutiny, and shall be fined under
this title or imprisoned not more than ten years, or both.
18
U.S.C. § 2194. Shanghaiing sailors.
Whoever,
with intent that any person shall perform service or labor of any kind
on board of any vessel engaged in trade and commerce among the several
States or with foreign nations, or on board of any vessel of the United States
engaged in navigating the high seas or any navigable water of the
United States, procures or induces, or attempts to procure or induce,
another, by force or threats or by representations which he knows or
believes to be untrue, or while the person so procured or induced is
intoxicated or under the influence of any drug, to go on board of any
such vessel, or to sign or
in anywise enter into any agreement to go on
board of any such vessel
to perform service or labor thereon; or
Whoever knowingly detains on board of
any such vessel any
person so procured or induced to go on board, or to enter into any
agreement to go on board, by any means herein defined —
Shall be fined under this title or
imprisoned not more than one year, or both.
18
U.S.C. § 2195. Abandonment of sailors.
Whoever,
being master or commander of a vessel
of the United States, while abroad, maliciously and without
justifiable cause forces any officer or mariner of such vessel on
shore, in order to leave him behind in any foreign port or place, or
refuses to bring home again all such officers and mariners of such vessel whom he carried out
with him, as are in a condition to return and willing to return, when
he is ready to proceed on his homeward voyage, shall be fined under
this title or imprisoned not more than six months, or both.
18
U.S.C. § 2273. Destruction of vessel by nonowner.
Whoever,
not being an owner, upon the high seas or on any other waters within
the admiralty and maritime jurisdiction of the United States, willfully
and corruptly casts away or otherwise destroys any vessel of the United States to
which he belongs, or willfully attempts the destruction thereof, shall
be imprisoned not more than ten years.
18
U.S.C. § 2275. Firing or tampering with vessels.
Whoever
sets fire to any vessel of foreign registry, or any vessel of American
registry entitled to engage in commerce with foreign nations, or to any
vessel of the United States,
or to the cargo of the same, or tampers with the motive power of
instrumentalities of navigation of such
vessel, or places bombs or explosives in or upon such vessel, or
does any other act to or upon such
vessel while within the jurisdiction
of the United States, or, if such
vessel is of American registry, while
she is on the high sea, with intent to injure or endanger the safety of
the vessel or of her cargo, or of persons on board, whether the injury
or danger is so intended to take place within the jurisdiction of the
United States, or after the vessel
shall have departed therefrom and
whoever attempts to do so shall be fined under this title or imprisoned
not more than twenty years, or both.
Legislative origins of 18
U.S.C. § 9:
Prior to 1873, Congress adopted a number of acts
regarding piracies and other crimes on the high seas, and these various
federal laws were codified in the Revised Statutes of 1873, §
§ 5339 through 5391; a definition of "vessel of the United
States" did not then appear in that set of laws. Some 36 years
later, Congress enacted a long act that codified all the federal crimes
in one act; see 35 Stat. 1088, ch. 321. Here, Congress, in the
chapter dealing with piracy and other offenses on the seas, adopted a definition section that became,
in 1948, 18
U.S.C. § 9.