In cases of seizures made on land under the revenue laws, the
district court proceeds as a court of common law according to the
Court of the Exchequer on information
in rem, and the
trial of issues of fact is to be by jury; but in cases of seizures
on waters navigable from the sea by vessels if ten or more tons
burden, it proceeds as an instance court of admiralty, by libel,
and the trial is to be by the court.
A libel charging the seizures to have been made on water when in
fact it was made on land will not support a verdict and judgment or
sentence thereon, but must be amended or dismissed. The two
jurisdictions and the proceedings under them are to be kept
entirely distinct.
This was a libel of information in the court below against 422
casks of wine, imported in the brig
Sarah, and afterwards
seized at New Orleans, alleging a forfeiture to the United States
by a false entry in the office of the collector of the port of New
York, made for the benefit of drawback, on reexportation, and
stating that the seizure was made on waters navigable from the sea
by vessels
Page 21 U. S. 392
of ten or more tons burden. In the progress of the cause it
appeared that the seizure was in fact made on land, which fact was
suggested to the court by the claimant's proctor, who moved that
the cause should be tried by a jury. The court accordingly directed
a jury, which was sworn and found a verdict for the United States.
On this verdict, a sentence of condemnation was pronounced by the
court, and the cause was brought to this Court by appeal on the
part of the claimant.
Page 21 U. S. 394
MR. CHIEF JUSTICE MARSHALL delivered the opinion of the Court,
and, after stating the case, proceeded as follows:
By the act constituting the judicial system of the United
States, the district courts are courts both of common law and
admiralty jurisdiction. In the trial of all cases of seizure on
land, the court sits as a court of common law. In cases of seizure
made on waters navigable by vessels of ten tons burden and upwards,
the court sits as a court of admiralty. In all cases at common law,
the trial must be by jury. In cases of admiralty and maritime
jurisdiction, it has been settled in the cases of
The
Vengeance, 3 Dall. 297,
The Sally, 2
Cranch 406, and
The Betsy and
Charlotte, 4 Cranch 443, that the trial is to be by
the court.
Although the two jurisdictions are vested in the same tribunal,
they are as distinct from each other as if they were vested in
different tribunals, and can no more be blended than a court of
chancery with a court of common law.
The Court for the Louisiana District, was sitting as a court of
admiralty, and when it was shown that the seizure was made on land,
its jurisdiction ceased. The libel ought to have been dismissed or
amended by charging that the seizure was made on land.
The direction of a jury, in a case where the libel charged a
seizure on water, was irregular, and any proceeding of the court,
as a court of admiralty after the fact that the seizure was made on
land
Page 21 U. S. 395
appeared, would have been a proceeding without jurisdiction.
The Court felt some disposition to consider this empanelling of
a jury, at the instance of the claimants, as amounting to a consent
that the libel should stand amended, but on reflection that idea
was rejected.
If this is considered as a case at common law, it would be
necessary to dismiss this appeal, because the judgment could not be
brought before this Court but by writ of error. If it be considered
as a case of admiralty jurisdiction, the sentence ought to be
reversed because it could not be pronounced by a court of admiralty
on a seizure made on land.
As the libel charges a seizure on water, it is thought most
advisable to
Reverse all the proceedings to the libel and to remand the
cause to the district court for further proceedings, with
directions to permit the libel to be amended.
DECREE. This cause came on to be heard on the transcript of the
record of the District Court of Louisiana, and was argued by
counsel. On consideration whereof, it is DECREED and ORDERED that
the sentence of the District Court for the District of Louisiana
condemning the said 422 casks of wine as forfeited to the United
States be and the same hereby is reversed and annulled. And it is
further DECREED and ORDERED that the cause be remanded to the said
District Court of Louisiana with directions to allow the libel in
this case to be amended and to take such further proceedings
Page 21 U. S. 396
in the said cause as law and justice may require.
