United States v. The Schooner Betsey & Charlotte
Supreme Court of the United States
This was an appeal from the sentence of the Circuit Court of the district of Columbia, reversing that of the district court, which condemned the schooner Betsey and Charlotte, and her cargo, as forfeited, for a violation of the act of congress of the 28th of February 1806, entitled “an act to suspend the commercial intercourse between the United States and certain parts of the island of St. Domingo.”
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This was an appeal from the sentence of the Circuit Court of the district of Columbia, reversing that of the district court, which condemned the schooner Betsey and Charlotte, and her cargo, as forfeited, for a violation of the act of congress of the 28th of February 1806, entitled “an act to suspend the commercial intercourse between the United States and certain parts of the island of St. Domingo.” (2 U. S. Stat. 351.) The libel being filed, and the monition returned executed, the claimant appeared, and having given fidejussory caution, to respond the costs, offered a plea admitting all the…
1Opinion of the Court
Marshall, Ch. J.
The court considers the law as completely settled by the case of The Vengeance. A distinction has been attempted to be drawn between this case and that, but the court can see no difference. It is the place of seizure, and not the place of committing the offence, which decides the jux-isdiction.
It has been said, the word “including” means moreover, or, as well as j but if this was the meaning of the legislature, it was, a very embarrassing mode of expressing the idea. It is clear, that congress meant to discriminate between seizures on waters navigable from the sea, and…
2Cited by1 opinion
- The United States v. The Schooner Betsey and Charlotte, and Her CargoSupreme Court of the United States · 1808