Glass v. the Sloop Betsey
Supreme Court of the United States
CAPTAIN Pierre frc~de 7ohannene~ the comifiander of a French privateer, called the Citizen Genet, ha.viiig cap- tured as prize, on the high feas, the flo6p Betfey, lent the veiTeI into Baltimore; but upon her arrival there, the owners of the iioop and her cargo filed a libel in the Diftria Court of Mary~- land, claiming reftitution, becaufe the veffel belonged to fubje&s of the king of Sweden, a n~utra1 power, and the cargo was owned, jointly by Swedes ai~d Americans.
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CAPTAIN Pierre frc~de 7ohannene~ the comifiander of a French privateer, called the Citizen Genet, ha.viiig cap- tured as prize, on the high feas, the flo6p Betfey, lent the veiTeI into Baltimore; but upon her arrival there, the owners of the iioop and her cargo filed a libel in the Diftria Court of Mary~- land, claiming reftitution, becaufe the veffel belonged to fubje&s of the king of Sweden, a n~utra1 power, and the cargo was owned, jointly by Swedes ai~d Americans. The captor filed a plea to the j'uiifdi~ion of tt,e court, which, after argument, was allowed ; the Circuit Court aflirn-ted…
1Opinion of the Court
THE COURT,
having keptthe caufe under advifement for feveral days, informed the counfel, that befídes thé queftion of jurifdidtipn as to the Diftrict Court,, another quefti.on fairly arofeupon the record,—whether any foreign nation had a right, without the pofitive ftipulations'of a treaty, to eftablifh in this country, an admiralty jurifdidfion for taking cognizance of prizes captured on the high feas, by\ its fubjedts or citizens, from its enemies ? Though this queftion had not been agitat- ; ed,.the Court deemed it of great public importance to be decided; and,meaning to decide it, they…
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