Moodie v. The Ship Phoebe Anne — 3 U.S. 319

Majority

p. 319

Moodie versus The Ship Phoebe Anne.

Syllabus

rom the Circuit Court for the Diftriift of South

The Phoebe Anne, a Britijh veflel, had been captured by a French privateer, and fent into Chárlejion. The Britijh Coiir ful filed a Libel,, claiming reftitution of the prize, upon afug-geftioo, that the privateer had been illegally out-fitted, or had illegally augmented her force, within the United States. Ori the proofs, it appeared, that the privateer had originally entered the port of Charlejlon, armed and commiffioned for war; that ihe had there taken out her guns, mafts,'and fails, which remained on Ihore, till the general repairs of the veflel were completed, when they were again put on board, with the fame force, or thereabouts-, and that,, on a fubfequént cruize, the prize in queftion was taken. The decrees in the Diftridt and Circuit Courts were both in favor of the captors; and on the return of the record into this court, Reed, having pointed out the additional repairs,. argued, generally, on the impolicy and inconveniency of fuffering privateers-to-equip in our ports. "

Suggeftions of policy and conveniency cannot be confidered in the judicial determination óf a queftion of right-.: the Treaty with France, whatever that is,' muft have its effe¿L By the 19th artidle, it is declared, that French veflcls, whether public and of war, or private and of merchants, may, on any urgent, neceffity, enter our ports, and be fupplied with'all things needful for repairs. In' the prefent'cafe, the privateer only underwent a repair; and the mere- re-placement of her force cannot tie a- material augmentation; even if an augmentation of force could be deemed (which we do not decide) a fufficient caufe for reftitution.

By the Court : Let the decree, of the Circuit Court be affirmed.^[1]

* See p. 285. ant. Gey tret al, nr fus, Mifheilet. a!, and the ihip Den Onzeke-er.