United States v. Schooner Sally

United States v. Schooner Sally

SCOTUSCase
Litigants=United States v. Schooner Sally
ArgueDate=
ArgueYear=
DecideDate=February Term
DecideYear=1805
FullName=United States v. Schooner Sally of Norfolk
USVol=6
USPage=406
Citation=
Prior=
Subsequent=
Holding=the question of forfeiture of a vessel is of admiralty and maritime jurisdiction, not of common law
SCOTUS=1804-1806
Majority=no opinion
JoinMajority=
LawsApplied=United States v. La Vengeance, 3 Dall. 297

"United States v. Schooner Sally", 6 U.S. 406 (1805) was an 1805 decision of the United States Supreme Court which found that the question of forfeiture of a vessel is of admiralty and maritime jurisdiction, not of common law.

Facts

The schooner "Sally" and her cargo were seized by the collector of the port of Nottingham, under the authority of an act of Congress "To prohibit the carrying on the Slave Trade from the United States to any foreign place or country" (3 Cong. Ch. 11, March 22, 1794, 1 Stat. 347). Libel (i.e., a suit in admiralty) brought by claimant, Elias De Butts, in the United States District Court for the District of Maryland.

Procedural history

# District Court acquitted both vessel and cargo on the merits.
# Circuit Court affirmed decree on appeal.
# The United States sued out to the Supreme Court on a writ of error.

Issues

# Whether the cause was of common law jurisdiction, or of admiralty and maritime jurisdiction.

Holding

The question of forfeiture of a vessel under 1 Stat. 347 is not of common law, but of admiralty and maritime jurisdiction.

Reasoning

In "United States v. La Vengeance" (3 Dall. 297), the Court held that a proceeding by the United States to forfeit a vessel is a cause of admiralty and maritime jurisdiction. Therefore, per the authority of that decision, no argument was heard on the case and was decided without issuing an opinion.

ee also

*List of United States Supreme Court cases, volume 6


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • UNITED STATES OF AMERICA — UNITED STATES OF AMERICA, country in N. America. This article is arranged according to the following outline: introduction Colonial Era, 1654–1776 Early National Period, 1776–1820 German Jewish Period, 1820–1880 East European Jewish Period,… …   Encyclopedia of Judaism

  • List of United States Supreme Court cases, volume 6 — This is a list of all the United States Supreme Court cases from volume 6:SCOTUSTable | data =SCOTUSRow case name = Faw v. Marsteller page = 10 decision date = decision year =SCOTUSRow case name = Pennington v. Coxe page = 33 decision date =… …   Wikipedia

  • List of United States Supreme Court cases, volume 8 — This is a list of all the United States Supreme Court cases from volume 8:SCOTUSTable | data =SCOTUSRow case name = The United States v. Kid and Watson page = 1 decision date = decision year =SCOTUSRow case name = Jennings v. Carson page = 2… …   Wikipedia

  • West Virginia Waterways — finds its source at the highland watersheds of the Allegheny Mountains. These watersheds supply drainage to the creeks often passing through deep and narrow hollows. From the hollows, rushing highland streams collect in bottom land brooks and… …   Wikipedia

  • USS Quaker City (1854) — was a heavy 1,428 ton side wheel steamship leased by the Union Navy at the start of the American Civil War. She was subsequently purchased by the Navy, outfitted with a powerful 20 pounder long rifle, and assigned to help enforce the Union… …   Wikipedia

  • New Haven, Connecticut — New Haven redirects here. For other uses, see New Haven (disambiguation). City of New Haven   City   Skyline of Downtown New Haven …   Wikipedia

  • Sea shanty — For the song Sea Shanty by Quasi, see Featuring Birds For the album Sea Shanties by English band High Tide, see High Tide (band). Sailors sang shanties while performing shipboard labor A shanty (also spelled chantey , chanty ) is a type of work… …   Wikipedia

  • 1946 — This article is about the year 1946. Millennium: 2nd millennium Centuries: 19th century – 20th century – 21st century Decades: 1910s  1920s  1930s  – 1940s –  1950s   …   Wikipedia

  • List of Empire ships (Sa–Sh) — The Empire ships were a series of ships in the service of the British Government. Their names were all prefixed with Empire . Mostly they were used during World War II by the Ministry of War Transport (MoWT), who owned the ships but contracted… …   Wikipedia

  • Nicobar long-tailed macaque — Conservation status Vulnerable (IUCN 3.1)[1] …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”