The Margaretta
U.S. Circuit Court for the District of Massachusetts
This was an appeal from the district court of Maine in a proceeding upon an information in rem on the instance side of that court. The information contained two counts.
Read the full summary
This was an appeal from the district court of Maine in a proceeding upon an information in rem on the instance side of that court. The information contained two counts. The first, which is the only one now necessary to be considered, charged that the cargo, consisting of prohibited goods, was, on the third of September, 1813, imported into the United States from New Brunswick, contrary to the non-importation acts. ‘ There was no question, that the vessel and cargo were liable to forfeiture under these acts. Pending the proceedings in the court below, the claimants, Stephen Glover and Charles…
1Opinion of the Court
STORY, Circuit Justice.
The points involved in this discussion are of peculiar delicacy and embarrassment, inasmuch as they embrace considerations of the legal power and duties of one of the high officers of the government. It is not the duty of this court, and certainly it is not its inclination, to pry into the conduct of high executive officers with a jealous and scrutinizing eye. The court is, on the contrary, disposed to exercise towards them every liberality not inconsistent with.the principles of law. Let it, however, be recollected, that ours is a government of laws and not of men; and…
2Cited by3 opinions
- Confiscation CasesSupreme Court of the United States · 1869
- New Orleans Nat. Bank v. MerchantU.S. Circuit Court for the District of Eastern Louisiana · 1884
- Mactavish v. MilesDistrict Court, D. Maryland · 1920