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DEL COL v. ARNOLD

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3 U.S. 333 (1796)

3 Dall. 333

THE GRAND SACHEM. DEL COL, v. ARNOLD.

Supreme Court of United States.

March 1, 8-9, 1796.

August 5, 1796

August 11, 1796.

Attorney(s) appearing for the Case

The first and second points were argued, at the last Term, by Dallas and Reed (of South Carolina) for the Plaintiffs in error, and by Pringle (of South Carolina) for the Defendant: and the third and fourth points were argued at the present Term, by the same counsel for the Plaintiffs in error, and by Ingersoll and Lewis for the Defendant.

THE COURT delivered, at different times, the following opinions:

On the first point, that there was a sufficient probable cause for seizing and bringing the Grand Sachem into port.

On the Second point, that the right of seizing and bringing in a vessel for further examination, does not authorise, or excuse, any spoliation, or damage, done to the property; but that the captors proceed at their peril, and are liable for all the consequent injury and loss.

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