WHELAN v. THE UNITED STATES

WHELAN v. THE UNITED STATES. Case, of aeiters^avPaWe" from thlsea, by vessels of ientons tar-then for breach civil cases ¿f admiralty; and riStíon/and are to be tried “t^^-Jy THIS cause standing so late on the docket that it was hot-likely to be called for trial at this term, Dauras, for the United States, suggested the propriety of assigning a" particular day for the hearing, as it was a case of importance, and involved a question of jurisdiction, viz : whether a seizure of a vessel^ on waters navigable from sea^or vessels of ten and moré tons burthen,, for breach of a law of the United States, uvas to be tried by a jury. This question was said to be important because the judge of the district of Pennsylvania had refused to try any cases of that kind, until the. question was finaisettled by.this Court. The Court accordingly assigned a day for bearing that question, but intimated an opinion that it was already decided in the cases of the Vengeance 3. Dall. 297.-The Betsy and Charlotte. 4. Cranch, 443. and Yeaton v. United States, 5. Cranch, 281. E. Tiughman, for the.Appellant, after looking into those cases, -abandoned the question as to jurisdiction, considering the cases cited as conclusive, against him. [MAJORITY] The Court, (all the judges being present,) said that the question had been certainly settled in this Court, - upon full argument.