MOODIE VERSUS THE SHIP PHOEBE ANNE
Elsworth, Chief' JuJlice.
Suggeftions of policy and conveniency cannot be confidered in the judicial determination óf a queftion of right-.: the Treaty with France, whatever that is,' muft have its effe¿L By the 19th artidle, it is declared, that French veflcls, whether public and of war, or private and of merchants, may, on any urgent, neceffity, enter our ports, and be fupplied with'all things needful for repairs. In' the prefent'cafe, the privateer only underwent a repair; and the mere-re-placement of her force cannot tie a-material augmentation; even if an augmentation of force could be deemed (which we do not decide) a fufficient caufe for reftitution.
By the Court : Let the decree, of the Circuit Court be affirmed.*
*
See p. 285. ant. Gey tret al, nr fus, Mifheilet. a!, and the ihip Den Onzeke-er.
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United States v. Hansen, 599 U.S. 762 (U.S. 2023)…e Writ-of- Erasure Fallacy, 104 Va. L. Rev. 933, 963 (2018).2 2 Later statements of the proposed council's supporters confrm their understanding that the judicial station is incompatible with making policy judgments. See Moodie v. Ship Phoebe Anne, 3 Dall. 319 (1796) (Els- worth, C. J.) (“Suggestions of policy and conveniency cannot be considered Cite as: 599 U. S. 762 (2023) 789 Thomas, J., concurring Despite the support of respected delegates like Wilson and Madison, the Convention voted against creatin…
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La Conception. The Spanish Consul, 6 Wheat. 235 (U.S. 1821)