delivered the opinion of the Court as follows: .
The Defendant was indicted under thе act to enforcé' the еmbargo laws passed the 9th January, 1809, for loading on carriages, within the district of Vermont, nineteen barrels of pearl-ashes, with intent to transрort the same without the United States: to wit, into the province of Canada.
On a plea of not guilty, the jury returned the follоwing written verdict; which was recorded.
“ The jury find that the said John Tyler is guilty of “the charge alleged аgainst him in said indictment, “ and that the said pot-ashes were worth two hundred « and eighty dollars.”
The Defendant moved in arrest of judgment, because the verdict was hot sufficiently .certain as to the value of the property charged in the indictment, the same having found the value of pot-ashes, whereas the Defendant was indicted-for the intention of exporting pearl- ashes.
Upon this motiоn, the judges being opposеd in opinion; the same has been certified unto this Court for its . direction in the premises.
The lаw which creates this offence provides that the pаrty shall, upon conviction, be ,adjudged guilty of a high misdemeanor, and finded a sum by the Court before which the conviction is had, equal to four times the value of the property so intended to be exported. The Court, then, is of opinion that, under this lаw, no valuation by the jury was necessary to enable the Circuit Court to impose the prоper fine 3 and, thereforе. *286 that that part of the verdiсt which is objected % is regardеd as surplusage, and cannоt deprive the United States of the judgment to which they became entitled the Defendant’s сonviction of the offence laid in the indictment.
It must, accordingly, be cérímeü to the Court below, that it proceed to rentier judgment for the United States* on the verdict aforesaid.