United States v. Schooner Peggy

Infobox SCOTUS case |Litigants=United States v. Schooner Peggy
ArgueDate=
ArgueYear=
DecideDate=
DecideYear=1801
FullName=The United States of America v. The Schooner "Peggy"
USVol=5
USPage=103
NewCitation=usscr|5|103|1801|1|Cranch
Prior=on Writ of Error to the Circuit Court of Connecticut
Subsequent=Lower court's judgment set aside, ship ordered returned to owners
Holding=A ruling that a ship be condemned is not a "final sentence" under the treaty of 21 December, 1801 until all appeals are completed.
SCOTUS=1801-1804
PerCuriam=yes
Majority=
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Concurrence=
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Concurrence/Dissent=
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LawsApplied=Treaty between the United States and France of 21 December, 1801.

"United States v. Schooner Peggy", ussc|5|103|1801|1|Cranch is a case of the Supreme Court of the United States. It was one of a series of cases resolving disputes over ships captured during the undeclared 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 hostile Naval engagements.cite web
last = United States Department of State
first =
authorlink =
coauthors =
title = The XYZ Affair and the Quasi-War with France, 1798-1800
work = Timeline of U.S. Diplomatic History
publisher =
date =
url = http://www.state.gov/r/pa/ho/time/nr/16318.htm
format =
doi =
accessdate = 2008-05-23] 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.cite book
last = International Institute of International Law
first =
authorlink =
coauthors =
title = Manual of the Laws of Naval War
publisher = International Institute of International Law
date = 1913
location = Oxford
pages =
url = http://www1.umn.edu/humanrts/instree/1913a.htm
doi =
id =
isbn = ] At the conclusion of the undeclared war with France a treaty was ratified that stated in part: cquote|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 siezeure was not yet "final".cite court
litigants = United States v. Schooner Peggy
vol = 5
reporter = U.S.
opinion = 103
pinpoint =
court =
date = 1801
url=http://supreme.justia.com/us/5/103/case.html]

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 of 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 who's 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 civil retroactivity analysis.cite journal
last = Bassett
first = Debra Lyn
authorlink =
coauthors =
title = In the Wake of Schooner Peggy: Deconstructing Legislative Retroactivity Analysis
journal = University of Cincinnati Law Review
volume = 69
issue = 453
pages =
publisher =
location =
date = 2001
url = http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1030651
doi =
id =
accessdate = ]

ee also

* List of United States Supreme Court cases, volume 5
* Maritime Law
* Laws of War
* Retroactive legislation

Notes and references

External links

* [http://supreme.justia.com/us/5/103/case.html Full text of the decision on Justica]