Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-03-07
his Imperial ard ROYAL Ma;e...

arms, out Of the jurisdiction q pedlyS
States and OF any particular stat. 'esVas
States, according TO the DEGREES : o, theu
France, in such case provided an. afa hs,d
attorney submitting, whether, in o nAu aesa
ofthe premises, the court will taxi sso.sfehdn
OF the cause, respectfully prays iba .e )
will be pleased to order and decree re-. ~. I cop
process of attachment, hcrctoIorsV 'A' IL
quashsd; that the libel be dsn 'sSrtt,
costs and that the said public ., "ss.a, sa
tackle, &c. belonging to his said lm, .s%4 he
Royal Majesty, lie released, S. p,'Rl ai
said attorney brings here into com, ., hla tie
nal commission CT The said Sieur psn oa
On the 9Th Of September, 1871 Sm ,r' e
lants FLED their answer TO the su,'e aaAd
the district attorney, to which they ss sease1
cause 1t docs not appea, to be made sasp4@
behalf, or at the instance of the u g O. VIC
airy other body polite or person. '"Ae
They aver that the schooner is rIn Il.
vessel belonging to his Imperial \M Fp%
Majesty, but is the private proud v 4!
litellants. They deny that size wasV ,37nS
by stress Of weather to enter the m, a fI~
ladelphia, or that she came otherviN a~|
voluntary and that the property Of The w., '
lants in the vessel never was divsstc5 or
ed in his Imperial and Royal Maies,v v N.Y.
port Of his empire or of country occvn;.
by his arms.
The district attorney produced the aGd,,,
Of the Sieur Begon and the French cop,u =
rifying the commission of the captain nj
stating the fact, that the public vessels cfA
Emperor of France never carry with Them,
ny other document or evidence that tlev w.
long TO him, than his flag, the commisym
and the possession of his officers.
In the commission It was stated that II,
vessel was armed at Bayonne.
On the 4th Of October 1911, the db,i-
Judge dismissed the libel with costs, mo,
the ground that public armed vessel Of 70.
reign sovereign, in amity with cur govern.
ment is not subject to the ordinary judicial
tribunals Of the country, so far as regards Tie
question of title by which such sovereign
claims to hold the vessel
From this sentence the libelants appeaId
10 the circuit court, where it was reversed, o.
the 2Sth of Oct 1911.
From this Sentence of reversal the ditic
attorney appealed to the Supreme counofths
Z. States, where the cause was fully and abb
argued.
On the I'd of March 1912, the opinion d
the court, (all the Judges being present. was
deliyeI ed as follows: by
MARSHALL, CHIEF justice.
THE SCHOONER EXCHANGE.
Us.
John NJ Fad7n g fKliam Greetham
This case involves the very delicate aEdm
portant inquiry, whether an American citizen
can assert in All American court title TO al
armed national vessel, found within tie va
tors OF the United States.
The question has been considered with an
earnest solicitude, that the decision may con-
form to those principles OF the national aa
municipal law by which it ought to be TSa'
lated.
In exploring an unheaten path, with rev.
if any, aids from precedents or written 'H
the court has found it necessary to rely nASA
On general principles, and on tram Oh '''
sonmg founded On cases in some degree S'S
Joyous to this. :
The jurisdiction of courts isa branch u
that which is possessed by the nation az :"
independent sovereign power, =. ;.
The jurisdiction Of the ration "itO'T :"
own territory is necessarily exclusive ano az
solute. 1t is susceptible OF DO Limitation y! ~,
by itsel. Any restriction upon M u
irving validity from al external Sou' cF' "' y,
imply Elimination OF its sovereign! y 4
extent of the restriction, and an inye'sio'" w.,
that sovereignty to the same extern ;:
power which could impose such TeS'' ~, I'd
All exceptions therefore, TO INC ~" "n ,er.
complete power of nation within Us w." Of
ritories, must be traced up 10 the col''' o,,er
the nation itself. They CAD flow from '''
Legitimate source. ~ i'm.
This consent may be either express, "
piled. In the latter Case, II IS less W. ,on.
nate, exposed more to the uncertain abIiaa.
struct;on but ifunderstood, not less oO''