United States v. Coolidge
Supreme Court of the United States
This was an indictment in the circuit court for the district of Massachusetts, against the defendants, for forcibly rescuing a prize, which had been captured and taken possession of by two American privateers. The captured vessel was on her way, under the direction of a prize master and crew, to the port of Salem for adjudication. The indictment laid the of-fence as committed upon the high seas.
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This was an indictment in the circuit court for the district of Massachusetts, against the defendants, for forcibly rescuing a prize, which had been captured and taken possession of by two American privateers. The captured vessel was on her way, under the direction of a prize master and crew, to the port of Salem for adjudication. The indictment laid the of-fence as committed upon the high seas. The ques-, tion made was, whether the circuit court has jurisdiction over common law oifences against the United States ? on which the judges of that court were divided in opinion.
1Opinion of the CourtJohnson, J.
Upon the question now before the court a difference of opinion has existed, and still exists, among the members of the court. We should, therefore, have been willing to have heard the question discussed upon solemn argument. But the attorney-general has declined to argue,,the cause; and no counsel appears for the defendant. Under these circumstances the court would not choose to review their former decision in the case of the United States v. Hudson and Goodwin, or draw it into doubt. They will, therefore, certify an opinion to the circuit court in conformity with that decision. J .
Certificate…
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