Page:The Supreme Court in United States History vol 1.djvu/132

106 they were vested with power in Admiralty to restrain or penalize activities violative of international law. Hence, when the question of the possession of such power by these Courts arose, in June, 1793, in a case in the District Court of the United States in Pennsyl- vania, the decision was awaited with the utmost anxi- ety by the President and his Cabinet, Two American neutral vessels captiu-ed by French privateers in our territorial waters — The William and The Fanny — had been libeled by their American owners. Eminent counsel, Peter S. Duponceau and Jared Ingersoll, argued that the Federal Court had no jurisdiction and that under an existing treaty France had the right to bring all prizes into our ports ; and they contended that the United States must seek its redress by negotiation and that the Courts must keep clear of all the international complications and ^^disturbances which agitate Eu- rope."^ William Rawle, for the American owners, urged that the Court take jurisdiction, saying : "From the well-known spirit of liberty and justice which breathes through all the public acts of France since her revolution, he was persuaded that she would be per- fectly satisfied with this equitable mode of settling the business.*' William Lewis, on the same side, said that "the honor and dignity of the United States are deeply involved in the decision of this case; it involves a violation of the peace of the country, and if, when two powers are at war, one may invade our territory, our commercial intercourse with foreign nations and our tranquility become materially involved. ... It has been said that this is a cause between the citizens of Great Britain and the citizens of France. It is the

1 For account of the proceedings, see Oeneral Advsrtiser, June 7, 10, 21, 24» 20, 1708; American Daily Advertiser, June 17, .24, 1703; The Diary or. Loudun Register, June 24, 1708.