''Talbot v. Seeman'', 5 U.S. (1 Cranch) 1 (1801), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...

case. It involved maritime law, specifically the circumstances under which

salvage Salvage may refer to: * Marine salvage, the process of rescuing a ship, its cargo and sometimes the crew from peril * Water salvage, rescuing people from floods. * Salvage tug, a type of tugboat used to rescue or salvage ships which are in dis ...

rights attach to a neutral vessel captured by enemy forces and then recaptured by the

United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...

Background

The ''Amelia'', a merchant vessel owned by citizens of

Hamburg Hamburg (, ; nds, label=Hamburg German, Low Saxon, Hamborg ), officially the Free and Hanseatic City of Hamburg (german: Freie und Hansestadt Hamburg; nds, label=Low Saxon, Friee un Hansestadt Hamborg),. is the List of cities in Germany by popul ...

, was captured on the

high seas The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed region ...

by the

French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with France ...

military vessel ''La Diligente'' during the French-American Naval Conflict (1798-1800), also known as the

Quasi-War The Quasi-War (french: Quasi-guerre) was an undeclared naval war fought from 1798 to 1800 between the United States and the French First Republic, primarily in the Caribbean and off the East Coast of the United States. The ability of Con ...

. The vessel was then recaptured during the same period by the ''

USS Constitution USS ''Constitution'', also known as ''Old Ironsides'', is a three-masted wooden-hulled heavy frigate of the United States Navy. She is the world's oldest ship still afloat. She was launched in 1797, one of six original frigates authorized ...

'' under the command of Captain Talbot, who asserted salvage rights over the captured vessel. The Court considered two issues: # Whether the recapture by the ''Constitution'' was legal # Whether ''meritorious service'' (a prerequisite for salvage) was performed in the recapture. The former issue was complicated by two factors. Firstly, an enemy vessel captured in time of war is captured legally. However, the vessel was not an enemy vessel but a vessel legally owned by a non-party to the conflict. Secondly, there was no declaration of war in the conflict between the United States and France. The Hamburg vessel was on its way to France when it was recaptured by Captain Talbot. Hans Seeman and other owners of the vessel claimed that under the

laws of war The law of war is the component of international law that regulates the conditions for initiating war ('' jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territ ...

, the French would have to release it to them and thus Talbot's capture of the vessel did them no service. Talbot claimed that he saved the vessel from adjudication under the laws of France, which could have forfeited the vessel or demanded salvage payment to France.

Decision

The Court held that although there was no declaration of war against France, the United States had authorized the

military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distin ...

seizure of French vessels. Since the ''Amelia'' was armed and in the possession of the

French Navy The French Navy (french: Marine nationale, lit=National Navy), informally , is the maritime arm of the French Armed Forces and one of the five military service branches of France. It is among the largest and most powerful naval forces in th ...

probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or ...

existed and so Captain Talbot had captured it legally. The Court further held that a meritorious service had been performed in rescuing it from French hands. In exchange for its return to its rightful owners, Talbot and the

officers An officer is a person who has a position of authority in a hierarchical organization. The term derives from Old French ''oficier'' "officer, official" (early 14c., Modern French ''officier''), from Medieval Latin ''officiarius'' "an officer," fro ...

of the ''Constitution'' should be compensated. The court reversed the Circuit Court of New York and ordered the vessel returned to its Hamburg owners upon their payment of salvage in the amount of one sixth of its value.

External links

* * {{caselaw source , case = ''Talbot v. Seeman'', {{Ussc, 5, 1, 1801, Cranch, 1, el=no , justia =https://supreme.justia.com/cases/federal/us/5/1/ , loc =http://cdn.loc.gov/service/ll/usrep/usrep005/usrep005001/usrep005001.pdf , openjurist =https://openjurist.org/5/us/1 United States Supreme Court cases United States Supreme Court cases of the Marshall Court United States admiralty case law 1801 in United States case law

Background

Decision

See also

External links