Del Col v. Arnold
Supreme Court of the United States
A LIBEL was filed in the Diftrifl Court of South Carolina, by the Defendant in error, againft Del Col, and others, the owners of a French privateer called La Montague, and of the íhip Jndujlry and her cargo, a prize to the ptiva-teer, lying in the harbour of Charleflon, which the Libellant had caufed to be attached.
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A LIBEL was filed in the Diftrifl Court of South Carolina, by the Defendant in error, againft Del Col, and others, the owners of a French privateer called La Montague, and of the íhip Jndujlry and her cargo, a prize to the ptiva-teer, lying in the harbour of Charleflon, which the Libellant had caufed to be attached. The cafe appeared to be briefly this The privateer had captured, as prize, on the high feas, an American brig called the Grand Sachem, commanded by Ebenezer Baldwin, and owned by the Defendant in error. At the time of taking pofleffion of th'e brig, a fum of 9993 dollars was…
1Opinion of the Court
The^ Court
delivered, at different times, the following opinions: .
On thefirji point,- that there was a fufficient probable caufe for feizing and bringing the Grand Sachem into port.
On (he fecond point, that the right of feizing and bringing in a vefiel for further examination, does not authorife, or ex-cufe, anv fpoliation, or damage, done to the property; brít that the capto¡ s proceed at their peril, and are liable fcr all the confcquent injury and lofs.
On the third point, that the owners of the privateer are re- • fponlible for the conduct of their agents, the officers and crew, fo all the…
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