New England Insurance Company, (Magoun v.) P. Protection Insur. Comp'y, (New York State Insur. Comp'y v.) 450 CIRCUIT COURT OF THE UNITED STATES. Fall Circuit. MASSACHUSETTS, OCTOBER TERM, 1839, AT BOSTON. BEFORE {Hon. JOSEPH STORY, Associate Justice of the Supreme Court. DAVIS, District Judge. FREDERIC C. TABER et al. IN ERROR v. UNITED STATES. The terminus of a voyage determines its character; if it be within the limits of foreign jurisdiction it is a foreign voyage, and not otherwise. A whaling voyage is not a foreign voyage within the meaning of the Act of 1803, ch. 62, and a bond executed under, but not required by nor in accordance with that act is a nullity. WRIT of error to a judgment of the District Court of Massachusetts upon a bond given to the collector of New Bedford. The original case came before the District Court upon a statement of facts agreed by the parties; and the District Judge decided, that the bond was valid, and the United States entitled to judgment. The statement of facts was as follows: This is an action of debt upon a bond given by the defendants to the collector of the customs for the District of New Bedford, which is in the case, and may be referred to. The defendants are the master and agent of the ship Isabella of Fairhaven, a vessel engaged in the whale fishery. At the Taber et al. v. United States. time of the execution of the bond referred to, the ship Isabella was fitted for a whaling voyage, and the master, upon the requisition of the collector, in order to obtain his clearance for said voyage, made out and presented to the collector the descriptive list of his crew, a certified copy of which is in the case, and may be referred to. The collector thereupon, knowing that said ship was about to proceed upon a voyage in the whale fishery, took the bond, upon which this action is founded. The ship was a registered vessel, and had always been employed in the whale fishery. The said ship being furnished with the papers aforesaid as a registered vessel, proceeded upon her said voyage on the 2d day of November, A. D. 1834, and returned to New Bedford on the 30th of August, 1838, with a cargo of sperm oil, obtained during said voyage. During her absence she was employed exclusively in the whale fishery, touching at such ports and places only as are usual in the prosecution of the fisheries, for supplies, and during said voyage was not engaged in any foreign trade. If upon this state of facts the Court should be of opinion, that the collector was authorized by law to take the bond aforesaid, judgment is to be entered against the defendants for the amount of the penalty. If the Court should be of opinion that the defendants were not required by law to execute said bond in order to enable said ship to proceed upon the voyage aforesaid, judgment is to be entered for the defendants. Either party may except to the decision of the District Judge and carry this case to the Circuit Court upon the foregoing statement of facts. COLBY AND CLIFFORD, for defendants. January 23d, 1839. Colby and Clifford, of New Bedford, for the plaintiffs in error, argued in substance as follows: |