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UNITED STATES v. SCHOONER SALLY

U.S. Supreme Court
Feb 1, 1805

THIS was a libel in the district court of the United States, for Maryland district, against the schooner Sally of Norfolk, and cargo, Elias De Butts claimant, seized by the collector of the port of Nottingham, as forfeited under the act of congress prohibiting the slave trade. Vol. 3. p. 22. March 22 d, 1794.

In the district court the vessel and cargo were acquitted on the merits, which decree was, on appeal, affirmed in the circuit court; whereupon the United States sued out the present writ of error.

The error assigned was that the cause was of common law, and not of admiralty and maritime jurisdiction.

But the court, upon the authority of the case of the United States v. La Vengeance, 3 Dallas, 297, without argument, affirmed the decree.