John Marshall

“ The common law courts of the United States have no jurisdiction in the case. They can afford him no relief. The party might, indeed, institute a suit for redress in the district court acting as an admiralty and revenue court; and such court might award restitution of the property unlawfully detained. But the act of congress neither expressly, nor by implication, forbids the state courts to take cognizance of suits instituted for property in possession of an officer of the United States not detained under some law of the United States; consequently, their jurisdiction remains. ”

“ A momentary and unavoidable detention of the cargo, incidental to the seizure of the vessel, might indeed be deemed a necessary consequence of an undeniable power; but could never give the seizing officer a right to continue the detention of the cargo after the vessel was securely detained. Cargo, in the revenue laws; in the law of prize; and in questions of salvage, insurance, and freight; is contra-distinguished from vessel. The system of the embargo laws was intended to prevent exportation ”