Quære, whether the courts of the United States have jurisdiction of offences at common law against the United States?
THIS was an indictment in the circuit court for the district of Massachusetts, against the defendants, for forcibly rescuing a prize, which had been captured and taken possession of by two American privateers. The captured vessel was on her way, under the direction of a prize master and crew, to the port of Salem for adjudication. The indictment laid the offence as committed upon the high seas. The question made was, whether the circuit court has jurisdiction over common law offences against the United States? on which the judges of that court were divided in opinion.
JOHNSON, J. delivered the opinion of the court.
Upon the question now before the court a difference of opinion has existed, and still exists, among the members of the court. We should, therefore, have been willing to have heard the question discussed upon solemn argument. But the attorney-general has declined to argue the cause; and no counsel appears for the defendant. Under these circumstances the court would not choose to review their former decision in the case of the United States v. Hudson and Goodwin, or draw it into doubt. They will, therefore, certify an opinion to the circuit court in conformity with that decision.
Certificate for the defendant.
Vide, 1 Gallison, 488, for the learned and elaborate opinion of Mr. J. STORY, in the circuit court, in this case, tending to show that all offences within the admiralty jurisdiction are cognizable by the circuit court, and in the absence of positive law, are punishable by fine and imprisonment.