Facts
The case arose out of "an interesting and revealing incident" that occurred during the "Quasi War" with France at the end of the 18th century. The frigate USS Boston commanded by captain George Little captured a Danish vessel, the Flying Fish, under orders of the Secretary of the Navy on behalf of President John Adams "to intercept any suspected American ship sailing to or from a French port." The Congress, however, had passed a law authorizing the navy to seize "vessels or cargoes are apparently, as well as really, American" and "bound or sailing to any port" in an attempt to prevent American vessels transporting goods to France. The Flying Fish was sailing from and not to a French port. Captain Little was declared to be liable for executing a command that was illegal in nature. Little appealed the decision to the Supreme Court.
Read more about this topic: Little V. Barreme
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—Thomas Jefferson (1743–1826)
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—David Hume (1711–1776)