16 U.S. 246 | SCOTUS | 1818
delivered the opinion qf the fcourt. This is a writ of error to the highest court o. law of the state of New-York; and the questions which are re-examinable upon the record in this
But.a preliminary question, has been,made, which must be' discussed before proceeding to consider the merits of the cause.
It is contended that the record is not, and cannot be brought, before this court.
. By the judicial System of the state óf New-York, the decisions of their supreme court are revised and corrected in a court of errors, after which the record . 7 is returned to the supreme cauri, where the ludgment . , , , ’ v , . as corrected is entered, and where the record remains, In this case the writ of error was received by court of errors, after the record had been transmitted to the supreme, court, whose judgment was affirmed.
It Is contended that, the record being ho longer the court of the last resort in the state, can, by ho cess, he removed into this court.
The judiciary act, allows the party who thinks, him" self aggrieved by the decision of any inferior court, five years, within which he may sue out his writ ‘of er. ror, and bring his cause into this court. The satne rule applies to judgments and decrees of a state court, in cases within the jurisdiction of this court. As the constitutional jurisdiction of the courts of the union cannot be affected by any regulation which a state may make of its own judicial system, the only inquiry will be, whether the judiciary act has been so framed as to embrace this case.
The words of the act are, “ that a final judgment tor decree in any suit in the highest court of law or
In this case, the writ was directed to the court of errors, which) having parted with the record,- could not execute it. It was then presented to the supreme court; but, being directed to' the court of errors, could not regularly be executed by that court. In this 'State of thiags the parties consented to waive all ob_
The original suit was brought by the defendant in error against the plaintiffs in error for an. alleged trespass for taking and carrying -away, and con verting.to their own use, the ship American Eagle, and her appurtenances, and certain ballast and articles of pro-, visions, &c. the property of the defendant in error. This is the substance of the declaration, although there are some differences in alleging the tort in the different counts. The original defendants pleaded, in the first place, the general issue, not guilty, to the whole declaration ; and then two special pleas. The first special plea,'in substance, alleges^ that the said' ship was attempted to be fitted out and armed, and that the ballast and provisions were procured for the equipment of the said ship, and were put on boárd of the said ship as,a part of her said equipment, with intent that .the said ship should.be employed .in the service of a foreign state, to wit, of that part of the island of St, Domingo which was then under the government of Petion, to commit hostilities upon the subjects of. another foreign statej with which the United States ■were then-at peace, to wit, of that part, of the island of St. Domingo which was then under the government ofChristophe, contrary to the. form of the statute .in
The original defendants (having given previoas notice of the special matter of defence to be given in evidence on the trial under the general issue, accordlng to the laws of New-York,) offered to prove and give in evidence, by the way of defence and in mitigation of damages, the same matter. of forfeiture alleged in their first special plea, with the additional ...fact that
From this summary of the pleadings, and of the facts in controversy at the trial, it is apparent that, this court has appellate jurisdiction ofthis cause, only so far as is drawn in question the validity ot an ■ authority exercised under, the United Stales, . and the decision is against the validity thereof arid so far.as
The cause will be first considered in reference to the bill of exceptions. In respect to the proof of the original plaintiff’s cause.of action, and the opinion of the court that such proof was sufficient to entitle hhn to a verdict, no err^r has been shown upon the argument; and certainly none is perceived by this qourt. If,, however, there were any error In that opinion, we could not re-examine it, for it is not within the purview of the statute. It does not draw..in question, any authority exercised under the United-States, nor the construction of any statute of the United States.
In respect to the rejection of the evidence offered by . the. original defendants to prove the forfeiture, and their right of seizure, there can be n6 doubt that this court has appellate jurisdiction,-if by law that evidence ought to have'béén , admitted in justification of "the trespass charged on the .-‘Original defendants;.for it
In order to establish the admissibility of the evidence offered by he defendants, it is necessary for them to sustain the affirmative of the following propositions. 1. That a forfeiture had been actually incurred under the statute of 1794, ch„ 50. — 2» That it wás competent for a state court of common law to entertain and decide the question of forfeitures. 3. That the sentence of acquittal in the district court was not conclusive upon the question of forfeiture; and, 4. That the defendants as officers of the customs, had a right to make the seizure.
Upon'the last' point, there does not seem to be rocm for doubt. At common law, any person . _ J may at his peril, seize fora forfeiture to the government; and if the government adopt his seizure, and the property is condemned, he will be completely justified;. and it is not necessary to sustain the Seizure, or justify the condemnation, that the party seizing shall be entitled to any - part of the forfeiture. (Hale on the Customs. Harg. Tracts, 227. Roe v. Roe, Hardr. R. 185. Malden v. Bartlet, Park. R. 105.; though Horne v. Boozey, 2 Str. 952, seems contra.) And if the party be entitled to any part of the forfeiture, (as the informer under the statute of 1794', ch. 50. is by the express provision of the Law,) thére can be no doubt, that he is entitled in that character to seize. (Roberts v. Witherhead, 12 Mod. 92.) In the absénce of all positive > authority, it might be proper to resort to these principles, in aid of
In the next place, can a state ' court of common law, entertain and decide the question of forfeiture
The reasonableness 'of this doctrine results from the very nature of proceedings in rem. All persons haying an interest in the subject mfitter,.whether as seizing officers,, or informers, or claimants, are parties or may be parties to such suits, so far as their interest
The argument against this doctrine, which has been . , urged at tñe bar, is, that an action of trespass will in cáse of a seizure, lie in a state court of common law, and therefore the defendant must have a right to protect himself by pleading the fact of forfeiture in his J , . defence. But at what.time and under what stances will an action -of trespass lie? If the action be commenced while the proceedings in rem for the supposed forfeiture are pending in the proper court of. the
Thé cases also- of Wilkins v. Despard, (6. T. R. 112.) and Roberts v. Witherhead (12 Mod. 92. Salk. 323.) have been relied on to shd.w that a court of , , - common . law many entertain the question of lorfeiture> notwithstanding the exclusive jurisdiction 'of exchequer in rem. But these cases do not Sustain - the argument. They were both founded on the act of navigation; 12 Car. 2. Ch. 18. s. 1. which ¡among other things, enacts that one third of .the forfeiture shall go to him “who shall seize, inform, or sire for the same in amj court óf record” So that at js apparent that in respect to forfeitures under this statute, the exchequer had not ®ji exclusive jurisdiction, 'but that; the other courts of common law had
Tt is, therefore, clearly our opinion, that a state court .hhs no legal authority to entertain the quesfion of foffeiture in this cas,e; and that it.exclusively belonged to the cognizance of the proper court of the United States. Indeed no principie of general law seems better settled, than that the decision oi a court of a peculiar and exclusive jurisdiction must be completely hind- . . • .. mg upon, the judgment of every other court, m which the snrdie subject matter comes incidentally in controwersy. It is familiarly known in its application tó the sentences Of ecclesiastical courts, in the probate of . drills and granting of administrations of.personal estate; te the sentences of prize courts in all matters of prize jurisdiction ; and to the sentences of eodrts of admiralty and other courts acting in rem, either to. enforce forfeitures or to decide civil rights.
In the preceding discussion, we have been unavpidably led to consider and affirm the conclusiveness of the sentence of a court of competent jurisdiction proceeding in rem as to the question of forfeiture; and a fortiori to affirm it ili a case where there is an exclusive jurisdiction. In clases of condemnation the authorities are so distinct and pointed, that it would, after the Very: learned discussions in tha state courts, be a. vtaste of time to examine them at large. . Nothing caji be better settled, than that a sentence of condemna
A. distinction, . however; ha», been taketi >b4 *t-tempted to. be sustaifaed'at the bar* between the effect , . . , „ ,. * of a’ eeritepee ofconderanatfon and ,óf á sentence of It.ia admitted that the former i» c.onclug;ve . bnt it is said that it is. otherwise aft, to the latter, for it Ascertains no fact; It is; certainly incumbent on .the par ty-who asserts such a distinction to prove jtg existence by direct, authorities, or induction» from known and. admitted principles, In the Duchess of Kingston’s case* (11 State Trials. 261. Runnington Eject. 364. Hale. Hist. Common Law by Runnington, note, p. 39. &c.) Lord Chief Justice J)e Grey declare»' that' the rufo of evidence must1 be,r as it is often, declared tó be, reciprocal;, and' that, in all cases.in which• the .sentences favourable to the party are to b§ admitted as conclusiyf? evidence for him. the sentences, if unfavourable, are, in like manner, conclusive evidence against him. .This is the' language of very, high authority, since it.is the united, opinion of all the judges of England ; apd though,.delivered, in .terms applicable strictly .to. a criminal suit, must-he
Upon principle, therefore, we are of opinion that the sentence of acquittal in this case, with a denial of a certificate of reasonable cause of seizure, was conclusive evidence that no forfeiture was, incurred; and that the seizure was tortious : and that these questions cannot again be litigated in any other forum. And if the point had never been decided, we should from- its reasonableness and known analogy to other proceed^ ingS} have had entire confidence in the correctness of the doctrine. But there are authorities directly ¡hit point which have never been overruled, potas far „as we know ever been brought judicially «into doubt. Above a century ago it was decided by Mr. Baron Price, (12 Vin.- Miridgmitotj A B, 22. p. 95.) that an acquittal ,in the 'exfchequer was conclusive evidence of the illUgi&ty Of the feeizuré, and he refused in thát case (whifch was trover fot the goods seized) to let the parties in
We may now pass to the consideration' of the second plea, which asserts, as a defence,a seizure under the laws of the United States, by the express instruction of the president,' for a supposed forfeiture in rem, . and attempts to put in issue the question • whether such forfeiture was incurred or not. If this plea- was well pleaded, then a question may properly be said to arise within the meaning of the 25th section of the judiciary act, and as the state court decided against the right and authority setup thereon,, the decision is re-examinable in this court. Several objections have been urged at the bar against the sufficiency of this plea upon technical grounds ; and if these objections are well founded, then it may be admitted that the court below may have given judgment on these special grounds, and not have, decided against the right and authority set up under the United States.. In the first place, it is argued, that this plea 'is bad, because'it does not answer the whole charge in the declaration,-the plea justifying only the taking and detention, and containing no answer to the damaging, spoiling, and conversion of thq property -charged in the declaration. We are, however, of opinion, that the'plaintiff can take nothing by this- . objection. The gist of the action in. this case was the taking and detention,, and the damaging, spoiling, and conversion were matter of aggravation only;
But there are other defects in this plea which, in our judgment, are fatal. In the first place it is not alleged that the'ship and her equipments were forfeited for any offence under the laws of thé United States. It is true that it is stated, that the ship was attempted to he fitted out and armed,'with intent that she should be employed in the service of a foreign state, See. to commit'hostilities-upon the subjects óf another foreign state, &c. contrary to the statute in' such case made and provided. But it is not added, whereby and for the cause aforesaid she became .and was.^forfeited to the United States.. Nor is this-deficiency supplied by the subsequent averment, that the ship was, by the instructions of. the president, seized “as forfeited t'o thé use of the United States;” for Ihe manner and’cayse of the
In the next place, the plea is bad, because it does pot aver that the governments of PetioP and Christoph? are foreign states which have been duly recognised, ás such, by the government of the United States, or of France, which, for reasons already stated, was tfpcesspry to complete the legal sufficienóy of the plea.
And in our judgment a still more decisive objection is, that the plea attempts to draw to the cognisance of a state court a question of forfeiture under the laws oy the United States, of which the federal courts have, by the constitution and laws of the United States, an exclusive jurisdiction. For the reasons already mentioned, if the suit for the forfeiture was .still pending wh'étí the action was brought, that fact ought to have beep pleaded in abatement, or a temporary bar to such action: If the action was brought before.proceediñgs inrem had. been instituted,' that fact' ought to have been pleaded, with an allegation that the jurisdiction of the question ■ of forfeiture exclusively belonged to the district court of the district where the seizure was . made, which would have' been a plea in the nature of a plea to the jurisdiction of the state court: If the suit were.determined, then a condemnation, or an acquittal with a certificate of,reasonable cause of seizure, .ought to have been pleaded, as a general bar to the action. These are all the legal defences ‘which the mere seizure could justify; and if these all failed, then the
The third plea differs iri several respects from the second, and is that on which the couit have felt their principal difficulty. It asserts that the ship was attempted to be fitted out and armed, with intent that she should be employed in the service of some foreign state, to commit hostilities upon the subjects of -another foreign state with which the United States were then at peace, contrary to the form of the statute in such case made and provided j and that the defendants by virtue of the instructions of, the president, “did take possession of, and detain,”the said ship, &c, “in order to the execution of the prohibitions and penalties of the act in such case made and provided.” It omits to allege any forfeiture of the ship, or that she was seized as forfeited. So far then as the plea may be supposed to rely on such forfeiture as a justification, it is. open to the same objections which have been stated against vocond nlesi secona piea.
Another objection has been urged’at the bar . i , . , , , , , ^ this plea, which does not apply to the second; It is, that it does not specify the foreign state in whose
But the main objection to this plea js that it ' attempts. to justify the taking possession, and detaining of the ship, under the- instructions of the president, when the facts stated in the plea do not bring the case within- the purview of- the statute of 1794, ch 50 which is relied on for this purpose. This statute, in the Seventh section, provides, that in every case in Which á vessel shall be fitted out and armed, or attempted to be fitted out- and armed, or in which the force of any vessel of war,, cruiser, or other armed Vessel, shall be increased or augmented, or in which any military expedition or enterprise shall be bégun, Or set on foot, contrary to the prohibitions and provisions of that act, and in'every case of the capture of a ship or vessel within the jurisdiction or protection of the-United States, and in every case in which any process issuing out of any court of the United State's shall be disobeyed or resisted by any person or persbns, having the custody of any vessel of war, cruiser-, ar other, armed vessel of any foreign prince or state,
As the opinion delivered ift this case goes into the consideration of a variety of topics which do not appear to me to be essential to the Case, I will present a brief view of all that I consider as now decided.
Three pleas are filed to the .action. The first, is the general issue, under which, according to the practice of the state from which the .case comes, notice was given that the .forfeiture Would' be given in eti • dence.
The second pleá is a justification, on the ground of a seizure under the order of the president, for the forfeiture incurred under the third section of. the act of 1794.
The third is. a justification under the' order of the president, to detain for the'purpose of enforcing the prohibitions '.and penalties incurred under the third Section. And this order is supposed to have been issued under authority given in- the .seventh section.
On the first plea issue was taken ; and on the trial the state court refused to admit evidence of the fo? •
To the second and third pleas the defendant ciemurbut as the second plea contained only an argu- and, of course, defective averment of the forfeiture, viz. u seized as forfeited,” that is u because forfeited,” that plea did not bring up the question of forfeiture,.or any.question connected with it.
Neither does the third plea bring up the question of forfeiture : for the justification therein relied on is wholly • independent of the forfeiture, and rests upon order of the president to detain for trial, in effect. \ . . Aftd hence the only other point in the case is, whether the seventh section of the act empowered the president to issue such an order. And on-this point we are °P^n^on> that there is no power given by that act .to authorize a seizure, but only to call on the.military or naval forces to enforce a seizure when-nece’ssary. The defence set up is-not founded upon the exercise of s ch a power, but upon a supposed order -tp the defendants, in their private individual character, to take and detain. The act, therefore, does not sustain the defence.
Judgment affirmed.
We must consider the record as still remaining in the supreme court of New York, and consequently the mandate must be directed to that court.
Mandate to the supreme court óf New-York,
Jvogment. This cause came on to be heard on the transcript of the record of the supreme court of judicature of the people of the state of New-York, returned, with the writ of error issued in this case, and was argued by counsel. On consideration whereof, it is,adjudged and ordered, that this court having- the power of revising, by writ of error, the judgment of the highest court of law in any state,, in- the cases specified in the act of congress, in such case provided, at any time within five years from the rendition of the judgment in the said courts, have the power to bring before them the record of any such judgment, as well from the highest court of law in any state, as from any court to which the record of the said judgment may have been remitted, and in which it may be found,' when the writ of error from this court is issued, And the court, therefore, in virtue of the writ of error in this cause,, do proceed and take cognizance of this cause upon the transcript of the record now remaining in the supreme court of judicature of the people of the state of New-York 5 and they do hereby adjudge and order, that the judg. ment of the court for the trial of impeachments and
In a recent case, in the court.of exchequer in England, it has been determined, that a judicial sale of a vessel found at sea and brought into port, as derelict, under an order of the instance court of admiralty, on the part , of the salvors and claimant, (without fraud and collusion,) is available against the crown’s right of seizure for a previous forfeiture incurred by the ship having been guilty of a forfeitable offence against the revenue laws;, although the erawn. was not a party to the proceeding in the admiralty court, other than by the king’s' procurator-general- claiming th® vessel as a droit of admiralty ; and although no decision of droit, or no droit was pronounced, and the' sale took place pendente lite under an interlocutory order. It was held,, that the crown should have claimed before1 the court, either as against the ship in the first instance, or subsequently against the proceeds of tbe sale, which- were-paui
See the authorities cited ante, p. 289.
5 T. R. 112