Del Col v. Arnold

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, *335 fo all the world; and that the meafure of fuch refponftbility is the full value of the property injured, or deftroyed. * On the fourth point, that whatever might, originally, have been the irregularity in attaching the Indujlry and her cargo, it is compleatly obviated, lince the captors had a power to fell the prize ; and by their own agreement, they have confented that the proceeds of the fale ihould abide the iffue of the pre-fent fuit. The decree of the Circuit Court affirmed.' Footnotes [*] Chase,and Iredej.l, JuJlices, agreed that the owners were reipotifi-ble, but differed as to the extent, obferying that the privateer’s men were juftifiablc in abandoning, to fave themfei ves from captivity; but that the revoval of the money into the privateer, and the fubfequent fcutling of the brig, were unlawful acts.