United States Supreme Court Cases & Opinions

U.S. Supreme Court

Del Col v. Arnold, 3 U.S. 3 Dall. 333 333 (1796)

Del Col v. Arnold

3 U.S. (3 Dall.) 333

Syllabus

What is probable cause of seizure and bringing into port.

The right of a belligerent cruiser of seizing upon the high seas and bringing in a vessel for further examination does not authorize or excuse any spoliation or damage done to the property, and the captors proceed at their peril, and are liable for all the consequent injury and loss.

The owners of a privateer are responsible for the conduct of their agents, the officers and crew, to all the world, and the measure of such responsibility is the full value of the property injured or destroyed.

A libel was filed in the District Court of South Carolina by the defendant in error against Del Col and others, the owners of a French privateer called La Montagne, and of the ship Industry and her cargo, a prize to the privateer, lying in the harbor of Charleston, which the libellant had caused to be attached. The case appeared to be briefly this: