GEYER, ET AL. VERSUS MICHEL, ET AL. AND THE SHIP DEN ONZEKEREN
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The Circuit Court's reversal of the District Court's restitution decree was affirmed. The Supreme Court did not assign reasons for its decision, but the record preserves the District Judge's holding that vessels of war equipped or augmented in breach of U.S. neutrality within U.S. territorial limits are illegal ab origine, and prizes taken by such vessels must be restored if brought within U.S. jurisdiction. The case ultimately turned on factual disputes regarding whether the Citizen of Marseilles actually augmented its force within U.S. waters and whether such augmentation, if proven, violated neutrality law.
[1] By the law of nations, no foreign power, its subjects, or citizens may equip vessels of war in the territory or ports of another nation without consent, and such acts con…
[2] Vessels of war equipped or augmented in violation of neutrality within another nation's territorial waters are illegal ab origine and confer no legal character upon their…
Previewing 2 of 8 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“By the law of nations, no foreign power; its subjects or citizens, has any right to erect castles, inlist troops, or equip vessels of war in the territory or ports of another. Such acts are breaches of neutrality, and may be punished by seizing the persons and property of the offenders; Vessels of war so equipped, are illegal ab origine, and no prizes they make will be legal as to the offended power, if brought in a praesidia.”
This establishes the foundational principle that vessels of war equipped in violation of neutrality within another nation's territory are illegal from their inception and their prizes must be restored if brought within the offended nation's jurisdiction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Dutch ship Den Onzekeren and her cargo, owned by Dutch citizens, were captured on November 16, 1794, on the high seas by the French armed ship Cit…
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After confideration, the court were unanimoufly of opinion, that the decree of the~CircuitCourt ought tobe affirmed ; but the Judges did not aflign their reafons.*
The decree of the Circuit Court affirmed.