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THE JULIANA V. UNITED STATES, 10 U. S. 327 (1810)

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U.S. Supreme Court

The Juliana v. United States, 10 U.S. 6 Cranch 327 327 (1810)

The Juliana v. United States

10 U.S. (6 Cranch) 327

APPEALS FROM THE CIRCUIT COURT

FOR THE DISTRICT OF MARYLAND

Syllabus

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 chanroblesvirtualawlibrarychanroblesvirtualawlibrary

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.





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