Hart v. United States
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District of Pennsylvania. This was an indictment against John D. Hart for alleged violation of the neutrality laws, by furnishing transporta lion for a military expedition directed against the Spanish government in Cuba. The defendant was convicted in the court below (78 Fed. 868), and thereupon sued out this writ of error.
1DissentAgheson, Circuit Judge
I am not able to concur in the views expressed by the majority of the court, in this case, and must dissent from the judgment of affirmance. From the very foundation of the government, — both before and since the passage of our neutrality laws, — the right of citizens of the United States to sell to a.belligerent, or to carry to a belligerent arms and munitions of war, subject to the opposing belligerent’s right of seizure in transitu, and the right of our citizens to transport out of the country, with their own consent, persons who have an intention to enlist in foreign military service,…
2Cases cited8 opinions
- Wiborg v. United StatesSupreme Court of the United States · 1896
- The Santissima Trinidad.Supreme Court of the United States · 1822
- United States v. TrumbullDistrict Court, S.D. California · 1891
- The FloridaDistrict Court, S.D. New York · 1871
- United States v. KazinskiDistrict Court, D. Massachusetts · 1855
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