Little v. Barreme

jgoldman — Wed, 16 Dec 1801 13:00:00 +0000

Location

Port of Boston Boston, MA

United States

42° 21' 35.3232" N, 71° 2' 13.488" W

See map: Google Maps

Case Basics

Petitioner

George Little

Petitioner Type

Petitioner

Respondent

Barreme

Respondent Type

Respondent

Decided By

Marshall Court (1804)

Opinion

6 U.S. 170 (1804)

Argued

Wednesday, December 16, 1801, Saturday, December 19, 1801

Decided

Monday, February 27, 1804

Facts of the Case

The USS Boston captured the Danish ship the Flying-Fish, which was then held in the Port of Boston. The Flying-Fish, which had left the French- controlled Haitian port of Jeremie, was suspected of being an American ship in violation of the United States' embargo on France. In the embargoes, the President was given the power to instruct the Navy to stop any American ships suspected to be en route to a French port. President John Adams, meanwhile, had issued a letter to the Secretary of the Navy to stop all American ships and ships suspected of being American travelling both to and from French- controlled ports. The federal district court judge freed the Flying-Fish, but did not award damages for its illegal capture. The United States Circuit Court of Appeals reversed and held that George Little, the captain of the Boston should pay damages.

Question

Did the President have the authority to issue the order to capture ships travelling from French ports?

Conclusion

No. In a unanimous decision, the Court affirmed the Court of Appeals. In the opinion, written by Chief Justice John Marshall, the Court held the President did not have "any special authority" to order the seizure of non-American ships and ships departing French ports. Even if the Flying-Fish had been an American ship, it still would not have been subject to seizure. Since Little had illegally seized the ship, he was also liable for damages.

Cases - 1801 term

Little v. Barreme

Location