Summary

The Arrogante Barcelones the — Opinion of the Court

To give force to this condemnation, is, in fact, to call on this Court to enforce the decree of a foreign Court. A Court, thus called on, always claims the privilege of examining into the jurisdiction of the Court pronouncing the decree, the regularity of its judicial proceedings, and the intended extent of its operation.
It cannot be denied, that if a privateer, or even a public vessel of war, of a foreign power, be fitted out in our ports, her commission can protect neither her nor her prizes from the sanctions of our law.
Source: Wikisource

The Arrogante Barcelones the — Opinion of the Court

Admitting that the recognized competency to wage a civil war would clothe these provinces with every attribute of sovereignty, the reply is, that the Courts of no nation are competent to render this condemnation binding to the extent contended for: this would be at war with the very principle; we should become inferior. The deductio infra proesidia does not clothe this Court with any power; its jurisdiction originates in its right to maintain our neutral duties, and extends only so far as is required for that maintenance; no power on earth can deprive us of this right.
Source: Wikisource

The Arrogante Barcelones the — Opinion of the Court

But the notice is itself a mere fiction.p The United States had no persona standi in that Court; and if they had, it would have been impossible to assert it, as the libel, condemnation, sale, and arrival of the prize in this country, were nearly cotemporaneous. It is the nature of fictions to work justice, not palpable injustice: this Court, therefore, will not suffer itself to be ousted of its rights by a forced application of such a fiction.
Source: Wikisource

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