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Alexander Murray, Esq. v. Schooner Charming Betsy U.S. 64 (1804)

handle is hein.slavery/ussccases0041 and id is 1 raw text is: SUPREME COURT, U. S. PENNING;- TON V. COXE. ALEXAsDt. ALEXANDER MURRAY, Esq. v. SCHOONER MURRAY, CHARMING BETSY. Esq. SCHOONER THE facts of this case, are thus stated by the dis- CH RmiNG trict judge in his decree. BETSY. The libel, in this cause, is founded on the act eii- An American t A vessel sold na titled 1 An act further to suspend the commercial in. Danish island, tercourse between the United States and France, and to a person the dependencies thereof; (Vol. 5. c. 10. p. 15.Pass- who was born in the United ed February 21, 1800) and states that the Schooner States, but sailed from Baltimore, after the passing of that act, who had bona owned, hired or employed, by persons resident within *fide become a the United States, or by citizens thereof resident else- burgher of that island, where, bound to Guadaloupe, and was taken on the and sailing high seas, on the 1st of 7une 1800, by the libellant, from thence to then commander of the public armed ship the Con- a French island, inz 46 stellation, in pursuance 9f instructions given to the 1800, with a libellant, by the President of the United States, there newcargopur- .being reason to suspect her to be engaged in a traffic, chased by her or commerce contrary to the said act, &c. nlew owner, and under the JjDish flag, The claim aid answer, replication and rejoinder, was not liable (c are referred to for a firther statemnent of the Tic- to seizure un- In addition to this circumstance, it ought to be ob- served, that the repeal takes effect at the close of the 30th of 7une, and the law has no existence on the 1st of Yuly. Yet the duties on sugars sent out during the last quartcr are to be secured or paid on the 1st of Yuly. All admit that there was no disposition to relinquish these duties. Of consequence, if the proviso could be necsary in any possible construction of the law, it was necessary in this case. After the most attentive consideration of the acts of Congress and the itrguments-of counsel, the court is of opinion, that the duties on refined sugars remaining in the building on the 1st of 7uly, 1802, had not then ac- crued and were not then outstanding. Thejuidgment of the circuit court, which was in favour of the plaintiff elow, must therefore be reversed, and judgment ren- dered for the plaintiff in error.

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