The United States v. the Brig Eliza

• Decision Date: 22 February 1812
• Citation: 3 L.Ed. 286,11 U.S. 113,7 Cranch 113
• Parties: THE UNITED STATES v. THE BRIG ELIZA
• Court: U.S. Supreme Court

11 U.S. 113

7 Cranch 113

3 L.Ed. 286

THE UNITED STATES v. THE BRIG ELIZA.

February 22, 1812

Present. all the judges.

THIS was an appeal from the sentence of the Circuit Court for the district of Delaware, which affirmed that of the district Court which dismissed the libel, and ordered the vessel to be restored. She had been seized by the collector of the district of Delaware, for having pro- 'ceeded to a foreign port or place,' (viz: to Havanna) contrary to the 3d section of the act of January 9th, 1808, (vol. 9. p. 11,) 'supplementary to the act, entitled an act laying an embargo on all ships and vessels in the ports and harbors of the United States;' and for having exported from the United States sundry goods, &c. contrary to the 4th section of the act of March 12th, 1808, in addition to the act, entitled an act supplementary to the act, entitled an act laying an embargo,' &c. (vol. 9.p. 71.)

By the 3d section of the act of January 9th, 1808, it is enacted, that if any vessel shall, contrary to the provisions of that act, or of the act to which that is a supplement, proceed to a foreign port or place, such vessel shall be wholly forfeited, 'and if the same shall not be seized, the owner or owners, agent, freightor or factors of any such ship or vessel, shall, for every such offence, forfeit and pay a sum equal to double the value of the ship or vessel and cargo, and shall never thereafter be allowed a credit for duties,' &c. 'and the master or commander of such ship or vessel, and all other persons who shall knowingly be concerned in such prohibited foreign voyage, shall each respectively forfeit and pay a sum not exceeding twenty thousand, nor less than one thousand dollars, for every such offence, whether the vessel be seized and condemned or not.'

By the 4th section of the act of March 12th, 1808, it is enacted, 'that it shall not be lawful to export from the United States, in any manner whatever, any goods wares or merchandize of foreign or domestic growth or manufacture, and if any goods wares or merchandize shall, during the continuance of the act, entitled an act laying an embargo,' &c. 'and of the act supplementary,' &c. 'contrary to the prohibitions of this act, be exported from the United States either by land or water, the vessel,' &c. 'in which the same shall have been exported, shall, together with the tackle, apparel,' &c. 'be forfeited, and the owner or owners of such goods,' &c. 'and every other person knowingly concerned in...