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MOODIE v. SHIP PHŒBE ANNE

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3 U.S. 319 (1796)

3 Dall. 319

1 L.Ed. 618

THE PHŒBE ANNE. MOODIE, v. The Ship PHŒBE ANNE.

Supreme Court of United States.

August 9, 1796.

ELSWORTH, Chief Justice. —

Suggestions of policy and conveniency cannot be considered in the judicial determination of a question of right: the Treaty with France, whatever that is, must have its effect. By the 19th article, it is declared, that French vessels, whether public and of war, or private and of merchants, may, on any urgent necessity, enter our ports, and be supplied with all things needful for repairs. In the present case, the privateer only underwent...

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