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| YEATON AND OTHERS, CLAIMANTS OF THE SCHOONER GENERAL PINKNEY AND CARGO, v. THE UNITED STATES.
9 U.S. 281(1809) 5 Cranch 281
PROCEDURAL POSTURE: Appellant claimants sought review of a sentence of the Circuit Court for the District of Maryland, which condemned a schooner and its cargo for breach of the Act of Congress prohibiting intercourse with certain ports of the Island of St. Domingo. Appellee United States filed a motion for the Court to certify that there was probable cause for the seizure.
OVERVIEW: The Act of February 28, 1806, vol. 8, p. 11 was passed by Congress and prohibited intercourse with certain ports of the Island of St. Domingo. The Act was limited to one year but was continued by the Act of February 24, 1807, and it expired on April 26, 1808. The schooner went to one of the prohibited ports, and upon its return to the United States, it was seized and condemned in a district court. The condemnation was affirmed in the circuit court. The claimants appealed. The appeal was heard in March of 1809, and the only question argued was whether the Court could affirm the sentence of condemnation after the law had expired. The Court held that in admiralty cases an appeal suspended the sentence altogether and that the cause in the appellate court or in the Court was to be heard de novo, as if no sentence had been passed. In reversing the circuit court's sentence and dismissing the libel, the Court concluded that after the expiration or repeal of a law, no penalty could be enforced, nor punishment inflicted, for violations of the law committed while it was in force, unless some special provision had been made for that purpose by statute.
OUTCOME: The Court reversed and annulled the circuit court's sentence affirming the sentence of the district court. The Court directed the dismissal of the libel and the restoration of the libeled property to the claimants, who were instructed to pay duties on the property if they had not already been paid. The Court then granted the United States' motion and certified that there was probable cause of seizure.
Violation of Act of Congress
Condemnation of ship and cargo
Counsel: C.Lee, Martin, Harper and Youngs for Owners; Rodney A-G for U.S.
Opinion: Marshall, C.J. |
