Keene v. the United States

• Decision Date: 01 February 1809
• Citation: 3 L.Ed. 108,9 U.S. 304,5 Cranch 304
• Parties: KEENE v. THE UNITED STATES
• Court: U.S. Supreme Court

9 U.S. 304

5 Cranch 304

3 L.Ed. 108

KEENE v. THE UNITED STATES.

February Term, 1809

ERROR to the circuit court of the district of Columbia, in a case of seizure of certain merchandise, being part of the cargo of the schooner Sea Flower, Matthew Keene, claimant, imported from the Havanna, in the island of Cuba, into the port of Vienna, in the district of Maryland, the vessel having sailed on a foreign voyage under a coasting license. The goods having been landed at Vienna, were transported to Alexandria, in the district of Columbia, where they were seized by the collector of that port, and libelled and condemned in the district court of that district, whose sentence was affirmed by the circuit court.

Swann and Martin, for the plaintiff in error, contended,

That there was no law which authorized the seizure,

or the trial and condemnation out of the district into which the goods had been first imported.

The goods were condemned under the 8th section of the act of congress, 'for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same,' passed February 18, 1793, vol. 2.p. 174. which enacts, 'that if any ship or vessel, enrolled or licensed as aforesaid, shall proceed on a foreign voyage without first giving up her enrolment and license to the collector of the district comprehending the port from which she is about to proceed on such foreign voyage, and being duly registered by such collector, every such ship or vessel, together with her tackle, apparel and furniture, and the goods, wares and merchandise so imported therein, shall be liable to seizure and forfeiture.'

By this act the forfeiture arises upon importation. The importation was complete at Vienna, in the district of Maryland, where only the trial can be lawfully had.

By the 35th section of the act, it is enacted, 'that all penalties and forfeitures which shall be incurred by virtue and force of this act, shall and may be sued for, prosecuted and recovered in like manner as penalties and forfeitures incurred by virtue of the act entitled 'An act to regulate the collection of the duties imposed by law on goods, wares and merchandise, imported into the United States, and on the tonnage of ships or vessels,' may be sued for, prosecuted and recovered, and shall be appropriated in like manner.'

There is no act in the statute book with such a title. The only act then in force regulating the collection of duties on goods imported, and on tonnage, was the act of August, 4, 1790, entitled 'An act to provide more effectually for the collection of the duties imposed by law on goods, wares and merchandise,

imported into the United States, and on the tonnage of ships or vessels.'

By the 67th section of this act, it is enacted, 'that all penalties accruing by any breach of this act shall be sued for, with costs of suit, in the name of the United States of America, in any court proper to try the same, and the trial of any fact which may be put in issue, shall be within the judicial district in which any such PENALTY shall have ACCRUED; and the collector, within whose district the seizure shall be made, is hereby authorized and directed to cause suits for the same to be commenced and prosecuted to effect, and to receive, distribute and pay the sum or sums recovered, after first deducting all necessary costs and and charges, according to law. And that all ships or vessels, goods, wares or merchandise, which shall become forfeited by virtue of this act, shall be seized, libelled and prosecuted AS AFORESAID in the proper court having cognisance thereof,' &c.

Here the words 'as aforesaid' refer to the trial of the fact in the judicial district where the forfeiture was incurred.

This provision is also analogous to that contained in the 8th amendment of the constitution of the United States, which provides for the...