In re Ross

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In re Ross
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 30–May 1, 1891
Decided May 25, 1891
Full case name Ross v. McIntyre, Superintendent of the Penitentiary of the State of New York at Albany
Citations 140 U.S. 453 (more)
11 S. Ct. 897; 35 L. Ed. 581; 1891 U.S. LEXIS 2479
Holding
A vessel being American is evidence that the seamen on board are such.
Court membership
Case opinions

In re Ross or Ross v. McIntyre, 140 U.S. 453 (1891), was a United States Supreme Court case decided on May 21, 1891. It dealt with the application of US law to foreign sailors on US flagged ships while in another country.

John M. Ross, a sailor on the American ship Bullion, was convicted of murder on the ship while it was in Yokohama before the US consul general at Kanagawa. He was sentenced to death, but President Rutherford B. Hayes commuted the sentence to a life sentence of hard labor at Albany penitentiary. Although Ross accepted the commutation, he later sought a writ of habeas corpus for his release on the grounds that having been born on Prince Edward Island he was a British subject and so not subject to the consular tribunal.

The court upheld the jurisdiction of the tribunal.

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