rendered a notable opinion which, in subsequent years, served as the basis for the broad extension of Federal admiralty jurisdiction to inland navigable rivers, to the Great Lakes, and elsewhere off the high seas. The case involved a libel of a vessel for unlawfully exporting arms from Sandy Hook in New Jersey to French dominions. It was contended by Charles Lee in his argument against Peter S. Duponceau, that the English common law should prevail and that an act committed not wholly on the high seas but partly within the confines of a State should be held not to be within admiralty jurisdiction. The Court decided to the contrary; and though the decision was a bold one in its assertion of Federal authority and has been frequently attacked, it has been steadily adhered to as one of the fundamental decisions of American law.[1] In another admiralty case, the fairness with which, in spite of the political prejudices rife at that time, the Court was determined to treat foreign powers was illustrated in Moodie v. Ship Phœbe Anne, 3 Dallas, 319. A French privateer, driven by storm into a United States port and having made repairs there, was libeled for breach of our neutrality; and counsel argued "the impolicy and inconveniency of suffering privateers to equip in our ports." Ellsworth, however, in deciding in favor of France said that: "Suggestions of policy and conveniency cannot be considered in the judicial determination of a question of right; the treaty with France,
- ↑ Kent Com., 1, 370. Judge Woodbury, dissenting in Waring v. Clark, 5 How. 441, said the decision was "the parent of mistaken references." Kent said that the case was not "sufficiently considered." Charles Lee, arguing in 1806 in U. S. v. Schooner Betsy, 4 Cranch, 440, note, said: "I argued the case of the Vengeance and I know it was not so fully argued as it might have been; and some of the Judges may recollect that it was rather a sudden decision," to which Judge Chase tartly replied: "I recollect that the argument was no great thing, but the Court took time and considered the case well." See also Amer. State Papers, For. Rel., I, 588, 628, letters of Adet to Pickering, Nov. 15, 1796, Harrison to Pickering, Dec. 12. 1796.
