Page:The Supreme Court in United States History vol 1.djvu/183

Rh and that all measures taken against the French were thus to be justified. The Anti-Federalists, French partisans, had stoutly denied this. An intense state of feeling existed on both sides. The Court was now called on to decide whether France was an "enemy" within the meaning of the statute of 1799, providing for salvage for ships "retaken from the enemy within twenty-four hours." The Court held that a state of "limited, partial war" existed, thus sustaining the contention of the Federalist party, who hailed the decision with applause. The Anti-Federalists on the other hand did not hesitate to express their hostility to the Court's pronouncement; and for the first time in the history of the Government, there was uttered a suggestion that a Judge should be impeached for rendering a judicial decision, when the Aurora stated that the decision was "most important and momentous to the country, and in our opinion every Judge who asserted we were in a state of war, contrary to the rights of Congress to declare it, ought to be impeached." ^ In the other important case of this Term, Talbot v. Ship Amelia^ 4 Dallas, 34, the Court was confronted with the necessity of deciding a question of the most delicate and explosive nature at that period, namely, whether an American citizen possessed an inherent or legal right to expatriate himself and to become a citizen of France.^ A decision by Chief Justice Ellsworth sitting in the Circuit Court, the previous year, holding adversely to such right and basing his decision on English common law had aroused intense antagonism. It was with relief, therefore, that the Court now took advantage of the

dollars to his salary and to permit Chase to make electioneering harangues in favor of Mr. Adams b a mere bagatelle!"

^ Aurora^ Aug. 22, 28, 25, 1800.

' " A cause of very great importance both on account of the legal principles applicable to neutral commerce and the magnitude of the pecuniary interest involved in the event, being no less than $180,000." American Daily Advertiser, Aug. 18, 1800.