Decided: it was no offense against the embargo law to take goods
out of one vessel and put them into another in the port of
Baltimore unless it be with an intent to export them.
These were appeals from the sentence of the Circuit Court for
the District of Maryland, affirming the sentence of the district
court, which condemned the schooner
Juliana and the ship
Alligator and cargo for a supposed violation of the 3d
section of the Act of Congress of 9 January, 1808, entitled "An act
supplementary to the act entitled
An act laying an embargo on
all ships and vessels in the ports and harbors of the United
States'" by putting goods from the Juliana on board the
Alligator.
The libel in the case of the
Juliana stated that on 1
January, 1808, she, being a Swedish vessel, cleared from Baltimore
for Port au Prince, having on board 100 barrels of herrings, which
were on board when her master was notified of the embargo; that she
proceeded on her voyage to her port of destination, but before she
left Patapsco River, there were laden on board of her a complete
cargo of merchandise, foreign and domestic, with which she
proceeded, in prosecution of her said voyage, until 1 January,
1808, when she was arrested by the officer of the custom house of
the port of Baltimore and brought back, after which, and while she
was in that port,
viz., 11 January, 1808, sundry goods
described in the libel were taken and removed from the
Juliana and put on board the
Alligator, then
lying in the port of
Page 10 U. S. 328
Baltimore,
"contrary to the provisions of the statutes of the said United
States in such case made and provided and with intent to violate
the provisions of the said statutes,"
for which cause she was seized by the collector of that port as
forfeited. The libel in the case of the
Alligator was a
copy of that against the
Juliana.
The words of that part of the 3d section of the Act of January
9, 1808, vol. 9, p. 11, upon which these libels were founded, are
as follows:
"And be it further enacted that if any ship or vessel shall,
during the continuance of the act to which this act is a
supplement, depart from any port of the United States without a
clearance or permit, or if any ship or vessel shall, contrary to
the provisions of this act or of the act to which this act is a
supplement, proceed to a foreign port or place or trade with or put
on board of any other ship or vessel any goods, wares, or
merchandise of foreign or domestic growth or manufacture, such
ships or vessels, goods, wares, and merchandise shall be wholly
forfeited. "
Page 10 U. S. 329
The Attorney General, on the next day, abandoned the causes as
untenable.
Sentence reversed and restitution ordered.
