by John Marshall

“ To go with a cargo to a foreign port was clearly against the spirit of the embargo. A vessel violates the provisions of the act when she violates the bond which the act provides. The act declares that an embargo shall be laid on all vessels bound to a foreign port. The word embargo is equivalent to a prohibition. And the words 'bound to a foreign port' mean a vessel intending to go to a foreign port not merely a vessel ostensibly bound to such port. ”

“ It is proved by testimony to which there is no exception, and which no attempt has been made to discredit, that the Short Staple was absolutely wind-bound the whole time she remained in Hampton Roads; and that she attempted to put to sea before the arrival of the Ino, but could not. Had this capture ever been pre-concerted in Boston, the Ino and Short Staple would more probably have contrived to meet on the return voyage of the latter, than to have adopted the course of the one waiting in port for the arrival of the other, and then sailing out almost together. ”

“ The 'provisions of this act' do not apply to a registered vessel, but only to licensed coasters and fishing vessels. The first embargo law did not forbid a vessel to sail to a foreign port if she should have a clearance but relied upon the bond and security that the cargo should be relanded. It was the violation of a contract not an offence against law. It was a breach of the condition of the bond, but no crime. Every man has a right to refuse to comply with the condition of his bond if he will pay the penalty. The United States, in the present instance, did resort to the bond. ”