## Facts

- Federal authorities filed an admiralty libel seeking forfeiture of a cargo imported into the United States from Great Britain aboard the brig *Aurora*.
- The government alleged the importation violated the Non-Intercourse Act of 1809, which barred importation from Great Britain and provided that prohibited goods were forfeited.
- The 1809 Act expired by its own terms, but Congress later enacted a statute in 1810 providing that the 1809 restrictions would revive against a nation if specified conditions occurred, to be declared by presidential proclamation.
- On November 2, 1810, the President issued a proclamation declaring that France had satisfied the statutory condition, which, under the 1810 Act, triggered revival of the 1809 restrictions against Great Britain after a three-month period if Great Britain did not comply.
- The cargo at issue was imported from Great Britain on February 20, 1811, after the government contended the 1809 restrictions had revived.
- The district court condemned the cargo; the claimant appealed.

## Issues

1. Whether Congress unconstitutionally delegated legislative power by making the revival of the 1809 trade restrictions depend on future events to be declared by presidential proclamation.
2. Whether, if validly revived, the 1809 Act returned in the same form and with the same legal effect it had at expiration, including its forfeiture provisions.
3. Whether the government’s libel for forfeiture was insufficient for failing to plead and negate facts that might constitute defenses for the claimant.

## Decision

- The Supreme Court affirmed the condemnation of the cargo.
- Congress may constitutionally provide that a statute will revive upon a future contingency and require the President to declare the triggering fact by proclamation.
- A revived statute returns “precisely in that form and with that effect” that it had when it expired.
- In a forfeiture libel, the government need not plead facts that would constitute the claimant’s defenses; it is enough to allege the statutory violation in general terms.

## Legal Principles

- Conditional or contingent legislation is permissible where Congress sets the rule of conduct and the Executive merely ascertains and announces the occurrence of a specified fact.
- Conditioning the operation or revival of a statute on foreign affairs-related facts declared by presidential proclamation does not, by itself, transfer legislative power to the Executive.
- Revival of an expired statute by a later act restores the prior statute as it existed at the moment of expiration, including attached penalties and forfeitures.
- Forfeiture pleadings need not anticipate exceptions or defenses; defensive matters are for the claimant to raise.

## Conclusion

The Court upheld forfeiture of goods imported from Great Britain after statutory trade restrictions were conditionally revived, holding that Congress may tie revival to future events declared by presidential proclamation, that revival restores the statute as previously in force, and that forfeiture libels need not plead around potential claimant defenses.


Cargo of the Brig Aurora v. United States, 11 U.S. (7 Cranch) 382 (1813)