''United States v. Schooner Peggy'', 5 U.S. (1 Cranch) 103 (1801), was a United States Supreme Court case. It was one of a series of cases resolving disputes over ships captured during the undeclared Quasi-War between the United States and France from 1798 to 1800. The vessel was ordered returned to France.

Background of the case

From 1798 to 1800 the United States and France were engaged in many

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Naval A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral zone, littoral, or ocean-borne combat operations and ...

engagements. 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. At the conclusion of the undeclared war with France a treaty was ratified that stated in part: The treaty was thus retroactive to all vessels that had been captured but for which their seizure was not yet ''final''..

David Jewett David Jewett (June 17, 1772 – July 26, 1842) is known for his role in the sovereignty dispute between the United Kingdom and Argentina over the Falkland Islands. He was an American naval commander in the Quasi-War with France and following th ...

was authorized as commander of the ''

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'' to capture any vessel sailing under the

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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.

The decision

The court ruled that the treaty was applicable as law and should apply retroactively to all seized vessels whose sentence was not yet final. Since the seizure of the vessel was on appeal to the Supreme Court at the time the treaty was ratified, the seizure was not final. The vessel was ordered to be returned to France. The case continues to be one in a long line of sometimes inconsistent precedents in

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retroactivity analysis.

Notes and references

External links

* {{caselaw source , case = ''United States v. Schooner Peggy'', {{Ussc, 5, 103, 1801, Cranch, 1, el=no , justia =https://supreme.justia.com/cases/federal/us/5/103/ , loc =http://cdn.loc.gov/service/ll/usrep/usrep005/usrep005103/usrep005103.pdf , openjurist =https://openjurist.org/5/us/103 United States civil forfeiture case law United States Supreme Court cases United States Supreme Court cases of the Marshall Court 1801 in United States case law Quasi-War United States Treaty Clause case law

Background of the case

The decision

See also

Notes and references

External links