U.S. Supreme Court Glass v. The Betsey, 3 U.S. 3 Dall. 6
6 (1794) Glass v. The Betsey 3 U.S. (3 Dall.) 6 Syllabus Every district court of the United States possesses all the
powers of a court of admiralty, whether considered as an instance
or a prize court.

															Where a vessel had been captured on the high seas as prize by a
French privateer and brought by the captors into Baltimore, and
there restoration claimed by the Swedish and American owners in the
district court of the United States; the District Court of Maryland
has jurisdiction competent to inquire and decide whether
restoration ought to be made to the claimants or either of them, in
whole or in part, consistently with the laws of nations and the
treaties and laws of the United States.

															No foreign power can of right institute or grant any courts of
judicature of any kind within the jurisdiction of the United
States, but such only as are warranted by and be in pursuance of
treaties. Page 3 U. S. 7 Captain Pierre Arcade Johannene, the commander of a French
privateer, called the Citizen Genet, having captured as
prize, on the high seas, the sloop Betsey, sent the vessel
into Baltimore; but upon her arrival there, the owners of the sloop
and her cargo filed a libel in the District Court of Maryland
claiming restitution, because the vessel belonged to subjects of
the King of Sweden, a neutral power, and the cargo was owned
jointly by Swedes and Americans. The captor filed a plea to the
jurisdiction of the court, which, after argument, was allowed; the
circuit court affirmed the decree, and thereupon the present appeal
was instituted.

															The general question was whether under the circumstances of this
case, an American court of admiralty has jurisdiction to entertain
the complaint or libel of the owners and to decree restitution of
the property. Page 3 U. S. 15 The Court, having kept the cause under advisement for several
days, informed the counsel that besides the question of
jurisdiction as to the district court, another question fairly
arose upon the record, whether any foreign nation had a right,
without the positive stipulations of a treaty, to establish in this
country an admiralty jurisdiction for taking cognizance of prizes
captured on the high seas by its subjects or citizens from its
enemies. Though this question had not been agitated, the Court
deemed it of great public importance to be decided, and, meaning to
decide it, they declared a desire to hear it discussed. Du Ponceau,
however, observed that the parties to the appeal did not conceive
themselves interested in Page 3 U. S. 16 the point, and that the French minister had given no
instructions for arguing it.

															Upon which, MR. CHIEF JUSTICE JAY proceeded to deliver the
following unanimous opinion.

															The judges being decidedly of opinion that every district court
in the United States possesses all the powers of a court of
admiralty, whether considered as an instance or as a prize court,
and that the plea of the aforesaid appellee, Pierre Arcade
Johannene, to the jurisdiction of the District Court of Maryland,
is insufficient.

															Therefore it is considered by the Supreme Court aforesaid, and
now finally decreed and adjudged by the same that the said plea be
and the same is hereby overruled and dismissed, and that the decree
of the said District Court of Maryland founded thereon be and the
same is hereby revoked, reversed, and annulled.

															And the said Supreme Court, being further clearly of opinion
that the District Court of Maryland aforesaid has jurisdiction
competent to inquire and to decide whether, in the present case,
restitution ought to be made to the claimants, or either of them,
in whole or in part (that is, whether such restitution can be made
consistently with the laws of nations and the treaties and laws of
the United States) therefore it is ordered and adjudged that the
said District Court of Maryland do proceed to determine upon the
libel of the said Alexander S. Glass and others, agreeably to law
and right, the said plea to the jurisdiction of the said court
notwithstanding.

															And the Supreme Court being further of opinion that no foreign
power can of right institute or erect any court of judicature of
any kind within the jurisdiction of the United States but such only
as may be warranted by and be in pursuance of treaties, it is
therefore Decreed and adjudged that the admiralty jurisdiction which
has been exercised in the United States by the consuls of France,
not being so warranted, is not of right. It is further ordered by the said Supreme Court that this
cause be and it is hereby remanded to the District Court for the
Maryland District for a final decision, and that the several
parties to the same do each pay their own costs.