The Good Catharine v. United States, 11 U.S. 349 (1813)

U.S. Supreme Court

The Good Catharine v. United States, 11 U.S. 7 Cranch 349 349 (1813) The Good Catharine v. United States

11 U.S. (7 Cranch) 349

APPEAL FROM THE CIRCUIT COURT

FOR THE DISTRICT OF MARYLAND

Syllabus

Decided: that a merchant vessel of the United States, captured as prize, condemned and sold, and afterwards purchased by her former master, a citizen of the United States who obtained a Danish burgher's brief and who cleared out of a port of the United States as a Dane, is a foreign vessel within the fifth section of the Act of 9 January, 1808, supplementary to the embargo act, although the purchaser was yet a citizen of the United States.

This was an appeal from the sentence of the Circuit Court for the District of Maryland, which condemned the schooner Good Catharine as a foreign vessel for a violation of the 5th section of the Act of January 9, 1808, supplementary to the Embargo Act, vol. 9, p. 13, which declares

"That if any foreign ship or vessel shall take on board any specie or any goods, wares or merchandise other than the provisions and sea stores necessary for the voyage, such ship or vessel and the specie and cargo on board shall be wholly forfeited."

She was originally an American vessel, but had been captured and condemned as prize and purchased by Hurst, her former master, an American citizen. She took on board goods other than the provisions and sea stores necessary for the voyage and cleared out as a Dane.

The sentence of the circuit court was affirmed.