reme Court or its jurisdiction and that they must protect the federal Union. (7)United States v. Schooner Peggy was the third major case decided by the Supreme Court. The Peggy was a French ship that was captured and returned to the United States where it was sold. Again the law of 1799 came into play. The law of 1799 allowed the captors for 50 percent of the proceeds and the other half went to the United States government. On September 23rd, 1800 the circuit court ruled so. However, seven days later the U. S. and France signed a peace treaty ending their semi-war. The treaty requested that ?Property captured, and not yet definitively condemned . . . shall be mutually restored.? President Jefferson argued that the ship had not been definitively condemned by the Circuit Court?s action and ordered that the entire proceeds of the ship?s sale be returned to the French. Connecticut officials held the money and refused to pay the money to the French. The issue was brought to the Supreme Court and Marshall agreed with Jefferson. Marshall said that the last decree of an inferior court is final in relation to the property itself, unless it is agreed to. The terms of the treaty apply to the actual condition of the property and to direct compensation for that is still controversy between the parties. The statement had been made that the Court had no right to inquire beyond the action of the inferior court. If the court had acted properly at the time, then the Supreme Court could not reverse its decision no matter what laws came into effect after its decision. When the Circuit Court made its decision on September 23rd, 1800 no one questioned its decision but Marshall refused to accept the allegation. His refusal strengthened the federal government and the power of the executive to enforce the federal law. Marshall said that the Constitution of the United States declares a treaty to be the supreme law of the land and of consequence ...
