United States v. The Little Charles
U.S. Circuit Court for the District of Virginia
[Appeal from the district court of the United States for the district of Virginia.] The schooner Little Charles, with her tackle, apparel, and furniture, was seized in the port of Norfolk, in ISOS, as forfeited to the United States, by reason of an alleged violation of the embargo laws.
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[Appeal from the district court of the United States for the district of Virginia.] The schooner Little Charles, with her tackle, apparel, and furniture, was seized in the port of Norfolk, in ISOS, as forfeited to the United States, by reason of an alleged violation of the embargo laws. The attorney for the United States, filed his libel in the district court of the United States at Norfolk, charging, “that the said schooner Little Charles, on or about the 19th day of January, 1808, did depart from the port of Camden, in the district of Camden, in the state of North Carolina, which said port…
1Opinion of the Court
MARSHALL. Circuit Justice.
The first point made in this case, respects the pleadings. It is contended, on the part of the claimants, that the libel is insufficient to support a sentence confiscating the vessel. The libel is supposed to be defective, because it does not state the character of the vessel. The court is not informed whether the Little Charles was a foreign vessel, an American registered, or a coasting vessel. If the embargo acts omitted in their prohibitions any vessels of either description, the failure to aver the character of the vessel would certainly be fatal to the libel.…
2Cited by52 opinions
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