United States v. Schooner Peggy

• Court: U.S. Supreme Court
• Writing for the Court: MARSHALL
• Citation: United States v. Schooner Peggy, 1 Cranch 103, 2 L.Ed. 49, 5 U.S. 103 (1801)
• Decision Date: 01 December 1801
• Parties: The UNITED STATES v. The SCHOONER PEGGY

5 U.S. 103

1 Cranch 103

2 L.Ed. 49

The UNITED STATES v. The SCHOONER PEGGY.

December 1, 1801

ERROR to the circuit court of Connecticut.

The schooner Peggy was captured as prize by the United States armed vessel, the Trumbull, David Jewitt, Esq. commander, instructed to take any armed vessel or vessels, sailing under the authority or pretence of authority of the French Republic. The capture was made upon the 24th of April 1800, and she was sent into the district of Connecticut, and was there libelled as prize. The district court ordered the schooner and cargo to be restored, and the captors appealed to the circuit court of the district of Connecticut for September 1800. The circuit court reversed the decree of the district court, and condemned the Peggy and cargo as prize. From this decree the owners of the Peggy prosecuted this writ of error.

On the 30th of September 1801 a convention between the United States and the French Republic was signed by the plenipotentiaries of the two nations at Paris, and on the 21st of December 1801 it was finally ratified by the president of the United States.

The fourth article of the convention provides that,

'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 question to be decided by the court was, whether, by the sentence of the circuit court of Connecticut of September, the schooner Peggy could be considered as definitively condemned, within the meaning of the fourth article of the convention.

[Pages 104-107 intentionally omitted] Mr. Chief Justice MARSHALL delivered the opinion of the court.

In this case the court is of opinion that the schooner Peggy is within the provisions of the treaty entered into with France, and ought to be restored. This vessel is not considered as being definitively condemned. The argument at the bar which contends that because the sentence of the circuit court is denominated a final sentence, therefore its condemnation is definitive in the sense in which that term is used in the treaty, is not deemed a correct argument. A decree or sentence may be interlocutory or final in the court which pronounces it, and receives its appellation from its determining the power of that particular court over the subject to which it applies, or being only an intermediate order subject to...