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Merino. The Constitution. The Louisa Barbias, and others, Claimants, The U.S. 391 (1824)

handle is hein.slavery/ussccases0072 and id is 1 raw text is: OF THE UNITED STATES.                                59t
1824.
The Merino,
[INsTA CE COURT. SLAVE TnA-n Acas.]                 d al:
The MERwNo. The CoNSTITuTioN. The LouisA.
-BARRIA, and others, Claimants.
The technical niceties of the common law are not regarded in Ad-
miralty proceedings. It is sulficient, if an .information st forth
the offence so as clearly to bring it within the statute upon which
the information is founded. It is not necessary that it should coa-
clude cantraforman statuti.
The District Court of the District .where the seizure was made, and
not where the offence wai committed, hasjurisdiction of proceed-
ings in rem for an alleged forfeiture.
If the seizure is made on the high seas, or within the territory of a
foreign power, the jurisdiction is conferred on the Court of the
District where the property is carried and proceeded against.
A municipal seizure, within.the territory of a foreign power, does net
oust the jurisdiction of the District Court into whose District the
property may be carried for adjudication.
The prohibitions in the'Slaye Trade Acts of the 10th of May, 1800,
e. 205. [li.] and. of the >20th uf April, 1818, extend as well
to the carrying of slaves o freightb,. as to cases where 1he
persons transported are the' property. of citizens of the Unitea
States; and to the carrying them from one port to another of the
same foreign empire, as well as. from dne foreign country to
another.
Under the 4th section of the act of the f0th of'May, 1800, c. 05.-
[l.]-the owner of the slaves transportea contrary to the provisions
of that act, cannot claim the same in a Court of the United States,
although they may be held in servitude. according to the laws of
his-own country. But if, at the time of the capture by a commis-
.sioned vessel, the offending ship was in possession of a non-com-
missioned captor, who had made a seizure for the same offence, the
owner ofthe-slaves may claim ; the Lection only applying to per-
sons interested in the enterprise or yoyage in which the ship was
employed at the time of nvh capture.
APPEAL from the District Court of Alabama.
These were the cases of several vessels, and their

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