Background of the case
From 1798 to 1800 the United States and France were engaged in many hostile Naval engagements during the Quasi-War. [1] According to the law at the time an enemy vessel could be captured during time of war and then subject to seizure, a legal process through which the vessel was determined to be property of the capturing party. [2] At the conclusion of the undeclared war with France a treaty was ratified that stated in part:
Property captured and not yet definitively condemned or which may be captured before the exchange of ratifications (contraband goods destined to an enemy's port excepted) shall be mutually restored. This article shall take effect from the date of the signature of the present convention. And if, from the date of the said signature, any property shall be condemned contrary to the intent of the said convention before the knowledge of this stipulation shall be obtained, the property so considered shall without delay be restored, or paid.
The treaty was thus retroactive to all vessels that had been captured but for which their seizure was not yet final. [3]
David Jewett was authorized as commander of the Trumbull to capture any vessel sailing under the flag of France. On April 24, 1800, it came upon the French schooner Peggy and captured it. The Peggy was returned to Connecticut where the local courts ruled her a prize of war in September 1800. The owners of the Peggy appealed to the Supreme Court for her return. [3]
The Quasi-War was an undeclared war fought between 1798 to 1800 by the United States and the French First Republic. It took place at sea, primarily the Caribbean and the East Coast of the United States.
The First Barbary War (1801–1805), also known as the Tripolitan War and the Barbary Coast War, was a conflict during the Barbary Wars, in which the United States and Sweden fought against Tripolitania. Tripolitania had declared war against Sweden and the United States over disputes regarding tributary payments made by both states in exchange for a cessation of Tripolitanian commerce raiding at sea. United States President Thomas Jefferson refused to pay this tribute. Sweden had been at war with the Tripolitans since 1800. The First Barbary War was the first major American war fought outside the New World, and in the Arab world.
The first USS Eagle, a schooner, was built at Philadelphia, Pennsylvania, in 1798, and commissioned in the Revenue Cutter Service under the command of Captain H. G. Campbell, USRCS.
USS Maryland was a sloop-of-war in the United States Navy. She served during the Quasi-War with France.
USS Ganges was a man-of-war in the United States Navy during the Quasi-War with France.
The Convention of 1800, also known as the Treaty of Mortefontaine, was signed on September 30, 1800, by the United States and France. The difference in name was due to Congressional sensitivity at entering into treaties, due to disputes over the 1778 treaties of Alliance and Commerce between France and the U.S.
In admiralty law prizes are equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, the capturing force would commonly be allotted a share of the worth of the captured prize. Nations often granted letters of marque that would entitle private parties to capture enemy property, usually ships. Once the ship was secured on friendly territory, it would be made the subject of a prize case: an in rem proceeding in which the court determined the status of the condemned property and the manner in which the property was to be disposed of.
Little v. Barreme, 6 U.S. 170 (1804), was a United States Supreme Court case in which the Court found that the President of the United States does not have "inherent authority" or "inherent powers" that allow him to ignore a law passed by the US Congress.
David Jewett was an American-born Brazilian naval officer known for his role in the sovereignty dispute between the United Kingdom and the United Provinces of the Río de la Plata over the Falkland Islands. He was a naval commander in the Quasi-War with France and following the end of that conflict he offered his services as a mercenary in both the United Provinces and the Empire of Brazil. Licensed as a privateer by the United Provinces to seize Spanish ships, he was later accused of piracy following the seizure of American and Portuguese flagged vessels. Jewett finished his career in the Imperial Brazilian Navy, serving under Lord Cochrane and died in Rio de Janeiro in 1842.
The Federalist Era in American history ran from 1788 to 1800, a time when the Federalist Party and its predecessors were dominant in American politics. During this period, Federalists generally controlled Congress and enjoyed the support of President George Washington and President John Adams. The era saw the creation of a new, stronger federal government under the United States Constitution, a deepening of support for nationalism, and diminished fears of tyranny by a central government. The era began with the ratification of the United States Constitution and ended with the Democratic-Republican Party's victory in the 1800 elections.
Talbot v. Seeman, 5 U.S. 1 (1801), was a United States Supreme Court case. It involved maritime law, specifically the circumstances under which salvage rights attach to a neutral vessel captured by enemy forces and then recaptured by the United States Navy.
USS Augusta was a brig purchased by the US Navy on 30 June 1799 at Norfolk, Virginia. She mistakenly went to Trenton, New Jersey arriving on 13 September, she was then ordered to Marcus Hook, Pennsylvania for inspection by naval constructor Joshua Humphreys to see if the transport would be suitable for use as a warship. Capt. Bird was replaced by Lieutenant Archibald McElroy on the 13th. Humphreys approved and fitting out began in September. She was placed in commission for service in the Quasi-War with France sometime late in 1799.
USS Herald was a full-rigged ship of about 270 tons burthen built in 1797 at Newburyport, Massachusetts. The US Navy purchased her on 15 June 1798, and sold her in 1801. She became the French 20-gun privateer corvette Africaine. In 1804 a British privateer seized her on 4 May 1804 off the coast, near Charleston, South Carolina. The seizure gave rise to a case in the U.S. courts that defined the limits of U.S. territorial waters. The U.S. courts ruled that the privateer had seized Africaine outside U.S. jurisdiction. Africaine then became a Liverpool-based slave ship that made two voyages carrying slaves from West Africa to the West Indies. After the abolition of the slave trade in 1807 she became a West Indiaman that two French privateers captured in late 1807 or early 1808.
Bas v. Tingy, 4 U.S. 37 (1800) was a case in maritime law, argued before the United States Supreme Court in 1800. The parties were John Bas, owner of the private vessel Eliza which was captured by French privateers at sea, and Tingy, commander of a public armed vessel—the Ganges—which recovered the Eliza.
United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.
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