United States v. Burdett
U.S. Circuit Court for the District of Massachusetts
Writ of error from the district court of the United States for the district of Massachusetts. The original suit was debt on a duty bond.
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Writ of error from the district court of the United States for the district of Massachusetts. The original suit was debt on a duty bond. At the trial a bill of exceptions was offered, and signed, in substance as follows: TUe defendants proved, that the ship Helvetius, a ship of the United States, and owned by certain citizens of the United States, sailed from New London on a whaling voyage, on the 4th of July, 1832. That she went into the Pacific Ocean, and on her voyage took 1.500 barrels of spermaceti oil. The Helvetius. with all this oil on board, was stranded on the coast of Oabee, one of…
1Opinion of the Court
STORY, Circuit Justice.
My judgment is, that the opinion of the district -judge was perfectly correct, as it was laid down to the jury at the trial. The question is, whether this oil was the product of “foreign fishing,” within the true intent and meaning of the revenue laws of the United States. Whether foreign or not, depends upon the character of the vessel, and the voyage at the time when the whales were caught, and the oil manufactured; and not upon any subsequent events. Now, it is not disputed, that the Helvetius was an American vessel, duly licensed and employed in the whale fisheries…
2Cited by1 opinion
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