United States v. Carr
49 U.S. 1 (1850)

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U.S. Supreme Court

United States v. Carr, 49 U.S. 8 How. 1 1 (1850)

United States v. Carr

49 U.S. (8 How.) 1

Syllabus

The sixteenth section of the Act of Congress passed on 18 February, 1793, entitled "An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same," 1 Stat. 305, prescribes the manner in which foreign merchandise shall be specified in the manifest of a vessel going coastwise and imposes a pecuniary penalty upon the master for failing to comply with it, but does not forfeit the goods.

The forfeiture provided in the seventeenth section was intended to apply to cases where the foreign merchandise was not included at all in the manifest, and not to cases where it was included in fact, although not with legal precision, and where there was no bad faith.

The Act of May 31, 1844, 5 Stat. 658, gives jurisdiction to this Court in revenue cases, without regard to amount, only where the judgment is rendered in a circuit court of the United States. Therefore, where the case was brought from the Court of Appeals for the Territory of Florida, and the amount in controversy did not exceed one thousand dollars, the case must be dismissed for want of jurisdiction.

These two cases were brought by appeal from the Court of Appeals for the Territory of Florida, and were argued together. The questions involved were the same in both. The first of the two cases was this:

In January, 1844, the schooner Hope W. Gaudy was about to sail from the port of New York to that of St. Augustine in Florida, the vessel being licensed for carrying on the coasting trade. Maurice Gaudy, the captain of the schooner, produced to the collector of New York the following manifest, viz.:

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The oath taken by Gaudy, and the permit to sail granted by the collector of New York, were as follows:

"I, Maurice Gaudy, master of the schooner Hope W. Gaudy, do solemnly swear to the truth of the annexed manifest, and that, to the best of my knowledge and belief, all the goods, wares, and merchandise of foreign growth or manufacture therein contained, were legally imported, and the duties thereon paid or secured, so help me God."

"MAURICE GAUDY"

"Sworn to this 13th day of _____, 1844."

"G. W. DAVIS, D'y Col."

"District of New York, Port of New York:"

"M. Gaudy, master of the schooner Hope W. Gaudy, of Cape May, having sworn, as the law directs, to the annexed manifest, consisting of four articles of entry, and delivered duplicate thereof, permission is hereby granted to the said schooner to proceed to the port of St. Augustine, in the State of Florida."

"Given under our hands, at New York, this 13th day of January, 1844."

"D. G. W. DAVIS, D'y Collector"

"W.D.K. J. DAVENPORT, D. Naval Officer"

On the arrival of the vessel at St. Augustine, the manifest was presented to the collector, who made upon it the following endorsement:

"No. 3 A, inward schr. Hope W. Gaudy, of Cape May, Maurice Gaudy, master, 140 75/95 tons, from New York, entered January 25, 1844."

On 29 January, 1844, the District Attorney of the United States filed, in the Superior Court for the District of East Florida, a libel against

"sixteen boxes of sugar, twelve baskets of Champagne wine, twentyfive sacks of Liverpool salt, five cases and five baskets of olive oil, ten boxes of French cordial, seven casks of London porter, two casks of Scotch ale,

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two half-pipes of French brandy, one pipe Holland gin, thirty half-boxes and twenty-four quarter-boxes of raisins, ten bags of cassia, two boxes of citron, five chests of tea, one frail (or basket) of almonds, three drums of figs, two boxes of lemons, and ten bags of coffee."

The libel alleged that the said merchandise was not (nor was any part thereof) specified or certified in the manifest of the cargo of the said vessel, as is required by the act of the Congress of the same United States in such case made and provided, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America.

The libel then claimed that the merchandise had become forfeited to the uses specified by law.

In March, 1844, Burroughs and Carr filed their claim as owners of the goods. After sundry proceedings which it is not material to state, the cause came up for hearing, when the judge dismissed the libel. The United States carried it to the court of appeals, which affirmed the judgment of the court below. An appeal was then taken to this Court.

The act of Congress under which the libel was filed was the Act of 18 February, 1793, entitled "An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same." 1 Stat. 305.

By the sixteenth section it is enacted, that

"the master or commander of every ship or vessel licensed for carrying on the coasting trade, and being destined from any district of the United States to a district other than a district in the same or an adjoining state on the seacoast, or on a navigable river, shall, previous to her departure, deliver to the collector residing at the port where such ship or vessel may be, if there is one, otherwise to the collector of the district comprehending such port, or to a surveyor within the district, as the one or the other may reside nearest to the port at which such ship or vessel may be, duplicate manifests of the whole cargo on board such ship or vessel, or if there be no cargo on board, he shall so certify, and if there be any distilled spirits, or goods, wares, and merchandise of foreign growth or manufacture on board, other than what may by the collector be deemed sufficient for sea stores, he shall specify in such manifests the marks and numbers of every cask, bag, box, chest, or package, containing the same, with the name and place of residence of every shipper and consignee of such distilled spirits, or goods of foreign growth or manufacture, and the quantity shipped by and for

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each, to be by him subscribed, and to the truth of which he shall swear or affirm, and shall also swear or affirm before the said collector or surveyor, that such goods, wares, or merchandise, of foreign growth or manufacture, were to the best of his knowledge and belief legally imported, and the duties thereupon paid or secured; or if spirits distilled within the United States, that the duties thereupon have been duly paid or secured; upon the performance of which, and not before, the said collector or surveyor shall certify the same on the said manifests, one of which he shall return to the master, with a permit thereto annexed, authorizing him to proceed to the port of his destination. And if any such ship or vessel shall depart from the port where she may then be, having distilled spirits, or goods, wares, or merchandise of foreign growth or manufacture on board, without the several things herein required being complied with, the master thereof shall forfeit one hundred dollars, or if the lading be of goods the growth or manufacture of the United States only, or if such ship or vessel have no cargo, and she depart without the several things herein required being complied with, the said master shall forfeit and pay fifty dollars."

And by the seventeenth section it is enacted that

"The master or commander of every ship or vessel licensed to carry on the coasting trade, arriving at any district of the United States, from any district other than a district in the same or an adjoining state on the seacoast, or on a navigable river, shall deliver to the collector residing at the port she may arrive at, if there be one, otherwise to the collector or surveyor in the district comprehending such port, as the one or the other may reside nearest thereto, if the collector or surveyor reside at a distance not exceeding five miles, within twenty-four hours, or if at a greater distance, within forty-eight hours next after his arrival, and previous to the unlading any of the goods brought in such ship or vessel, the manifest of the cargo (if there be any) certified by the collector or surveyor of the district from whence she last sailed, and shall make oath or affirmation, before the said collector or surveyor, that there was not, when she sailed from the district where his manifest was certified, or has been since, or then is, any more or other goods, wares, or merchandise of foreign growth or manufacture, or distilled spirits (if there be any other than sea stores on board such vessel) than is therein mentioned, and if there be no such goods, and if there be no cargo on board, he shall produce the certificate of the collector or surveyor of the district from which she last sailed as aforesaid that such is the case, whereupon such collector

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or surveyor shall grant a permit for unlading the whole or part of such cargo (if there be any) within his district, as the master may request, and where a part only of the goods, wares, and merchandise of foreign growth or manufacture, or of distilled spirits, brought in such ship or vessel, is intended to be landed, the said collector or surveyor shall make an endorsement of such part on the back of the manifest, specifying the articles to be landed, and shall return such manifest to the master, endorsing also thereon his permission for such ship or vessel to proceed to the place of her destination. And if the master of such ship or vessel shall neglect or refuse to deliver the manifest (or if she has no cargo, the certificate) within the time herein directed, he shall forfeit one hundred dollars, and the goods, wares, and merchandise of foreign growth or manufacture, or distilled spirits, found on board, or landed from such ship or vessel, not being certified as is herein required, shall be forfeited, and if the same shall amount to the value of one hundred dollars, such ship or vessel, with her tackle, apparel, and furniture, shall be also forfeited."

The second of the two cases mentioned in the commencement of this report was similar in its circumstances to the case just stated, except that the goods were brought to St. Augustine in a different vessel, and that the value of the goods was shown by appraisement to be only seventy dollars.

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