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."[1] 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.[2]
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
- ↑ Aurora, Aug. 22, 23, 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.
dollars to his salary and to permit Chase to make electioneering harangues in favor of Mr. Adams is a mere bagatelle!"