
    THE SCHOONER GOOD CATHARINE v. THE UNITED STATES.
    J&semi..o.LiviNGSTosr, J. and Todd, J,
    
    A vessel ofthe optured*co¿ demned, sold, master, a eiti\thooY taincd a Danish burgher's a port of the United States as a Dane, is'a foreign vessel "itl“n th° f,1!4 section of the act 0f 9th Jan. isos, snppiealthough she was really • owned by a citizen of the •United States.1*
    THIS was an appeal from the sentence of the Circuit Court for the district of Maryland, which condemned the scho-.ner Good Catharine as a foreign vessel for a violation of'the 5th section of the act, of January 9th, 1808. supplementary to the embargo act, vol. 9, p. 13, which declares «« that if any foreign shij> or vessel shall .««take on board an> specie,' or any goods, wares or *< merchandize, other than the provisions and sea-stores ‘« necessary for the voyage,, such ship or vessel, and the ««specie and cargo on board, shall be wholly forfeited.” * ° J
    
    . . • , . , _ , She was originally an American vessel, but had been efiptured and condemned as prize, and purchased by l , , „ ■ , r t • ’ ... Hurst, her former master, an American citizen. She took oh board goods other than the provisions and seas tores n cessary for the voyage, and cleared out as a Dane*
    . 7» , Martin, for the Appellant,
    
    Contended that notwithstanding these circumstances, the vessel, being really American, could not be condemned under that section of the, law; for in criminal cases there can be no estoppel. A man may prove the truth of the case against his own averment.
    .Pinknev, Attorney General,
    
    Relied upon the capture, condemnation and sale, and the Danish burgher’s brief, which the master had obtained, to show that she was a foreign vessel.
   The sentence of the Circuit Court was affirmed.^  