Adams v. Woods
| Decision Date | 01 February 1805 |
| Citation | 2 Cranch 336,6 U.S. 336,2 L.Ed. 297 |
| Parties | ADAMS v. WOODS |
| Court | U.S. Supreme Court |
THIS cause came up from the circuit court of the state of Massachusetts, on a certificate of division in opinion between the judges of that court.
In that court an action of debt was instituted for the penalty of $2000 imposed by the second section of the act of congress, passed the 22d of March 1794, 'to prohibit the carrying on the slave trade from the United States to any foreign place or country.' 1 Story's L. U. S. 319.
The second section provides, 'that all and every person building, fitting out, or equipping, loading or otherwise preparing or sending away any ship or vessel, knowing or intending that the same shall be employed in the slave trade, contrary to the true intent and meaning of the act, or any ways aiding or abetting therein, shall severally forfeit and pay the sum of $2000; one moiety thereof to the use of the United States, and the other moiety thereof to the use of him or her who shall sue for and prosecute the same.'
To this suit the defendant pleaded that the cause of action, set forth in the plaintiff's writ and declaration, did not accrue within two years next before the date and issuing forth of the writ in this case against him, in manner and form as the plaintiff hath declared, and this he is ready to verify. Wherefore, &c. To which plea there was a general demurrer and joinder.
This plea was founded upon the thirty-first section of the act of congress, entitled 'an act for the punishment of certain crimes against the United States,' passed 30th April, 1790. 1 Story's L. U. S. 83.
The section is in these words, 'that no person or persons shall be prosecuted, tried or punished for treason, or other capital offence aforesaid, wilful murder or forgery excepted; unless the indictment for the same shall be found by a grand jury within three years next after the treason or capital offence aforesaid shall be done or committed: nor shall any person be prosecuted, tried or punished for any offence not capital, nor for any fine or forfeiture under any penal statute, unless the indictment or information for the same shall be found or instituted within two years from the time of committing the offence, or incurring the fine or forfeiture as aforesaid: provided, that nothing, herein contained, shall extend to any person or persons fleeing from justice.'
Upon the defence under this plea, the judges of the circuit court were divided in opinion, and the same was certified to this court.
For the plaintiff, it was contended that the same limitation was not intended to be applied to suits for penalties. Cited Atcheson v. Everett, Cooper, 391. Cunningham's Law Dict. title Limitation. 5 Mod. 425. Rex v. Gaul, 1 Salk. 372. Heck's case, 1 Salk. 373.
[Argument of Counsel from pages 337-339 intentionally omitted] Chief Justice MARSHALL delivered the opinion of the court.
This is an action of debt brought to recover a penalty imposed by the act, entitled 'an act to prohibit the carrying an the slave trade from the United States to any foreign place or country.'
It was pleaded in bar of the action, that the offence was not committed within two years previous to the institution of the suit. To this plea the plaintiff demurred, and the circuit court being divided on its sufficiency, the point has been certified to this court.
In the argument, the plaintiff has rested his case on two points. He contends,
1. That the act of congress, pleaded by the defendant, is no bar to an action of debt.
2. That if it be a bar, it applies only to the recovery of penalties given by acts which existed at the time of its...
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...under that section could be "recovered in any court of the United States proper to try the same"). 86. Adams v. Woods, 6 U.S. (2 Cranch) 336, 341, 2 L.Ed. 297 (1805) (Marshall, C.J.). 87. 213 U.S. 103, 104, 29 S.Ct. 474, 53 L.Ed. 720 88. D.C. Public Utilities Act, supra note 40, para. 85, 3......
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...Suits of this type were once so common that "[a]lmost every" penal statute could be enforced by them. Adams v. Woods , 6 U.S. (2 Cranch) 336, 341, 2 L.Ed. 297 (1805). Such suits are called "qui tam" suits, from a Latin tag meaning, "who as well for the lord king as for himself sues in this ......
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...years, it could scarcely be supposed that an individual would remain for ever liable to a pecuniary forfeiture. Adams v. Woods, 6 U.S. (2 Cranch) 336, 341, 2 L.Ed. 297 (1805). The point was more recently emphasized by Justice Rehnquist when he argued for borrowing state statutes of limitati......
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