Page 265 - Fruits from a Poisonous Tree

Mel Stamper 249

“(b) ‘American vessel’ means any United States-owned vessel, which is
not registered under the laws of a foreign government, vessels of the United
States, and American undocumented vessels.
(c) ‘American public vessel’ means any vessel owned or operated by a
United States Government department or agency and engaged exclusively in
official business on a non-commercial basis.
(d) ‘Vessel of the United States’ means any vessel documented under the
laws of the United States.
(e) ‘American undocumented vessel’ means any American vessel, other
than an American public vessel, which is not documented under the laws of
the United States... .
(f) ‘Foreign vessel’ means any foreign-owned vessel, or any vessel
regardless of ownership, which is documented under the laws of a foreign
country.
(i) ‘Seaman’ means any person employed as a member of the crew of a
vessel.
(k) ‘Alien seaman’ means a seaman of foreign nationality who does not
have status as an American seaman.”
22 C.F.R. A7 81.3, Status of Vessels of the United States. Vessels
documented under the laws of the United States are entitled to privileges
and subject to the obligations prescribed by the laws of the United States for
merchant vessels. The type of privileges and obligations appertaining to such
vessels depends upon the form and the purpose of their documentation.
22 C.F.R. A7 81.4, Status of American Undocumented Vessels. American
undocumented vessels are not under the jurisdiction of the United States, and
consequently are not subject to the obligations nor entitled to the protection
accorded vessels of the United States abroad. However, such vessels are
entitled to the same degree of protection accorded any other property abroad
owned by United States citizens.
This typically describes a vessel that is registered, enrolled or licensed.
So anyone who is licensed, or registered, is considered a vessel, belonging
in whole or in part to the United States. All would be under Admiralty
Jurisdiction.
When a person signs up for social security, he is creating a vessel in all
capital letters. When you walk into the social security office, you have to have
a birth certificate.
The History and System of the Common Law states in pertinent part
regarding persons:
“In law, PERSONALITY means capacity of having, acquiring and
exercising rights, using the term in its widest sense. A legal person is an entity
having interests which the law recognizes and secures, or, as it is commonly