ALIBEL 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 harbour of Charleston, which the Libellant had caused to be attached. The case appeared to be briefly this: — The privateer had captured, as prize, on the high seas, an American brig called the Grand Sachem, commanded by Ebenezer Baldwin, and owned by the Defendant in error. At the time of taking possession of the brig, a sum of 9993 dollars was removed from her into the privateer, a prize-master and several mariners were put on board of her, and they were directed to steer for Charleston. Just, however, as they hove in fight of the light-house, the Terpsichore, a British frigate, captured the privateer, and gave chace to the prize: whereupon the prize-master run her into shoal water, and there she was abandoned by all on board, except a sailor originally belonging to her crew, and a passenger. In a short time, she drove on shore, was scutled and plundered. When the Marshal came, with process against the brig, she was in the joint possession of the Custom-house Officers, and the privateer's men; the latter of whom prevented the execution of the process. The Industry and her cargo were then attached by the Libellant, and an agreement was entered into between the parties, that they should be sold, and the proceeds paid into court, to abide the issue of the suit.
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.
On the third point, that the owners of the privateer are responsible for the conduct of their agents, the officers and crew, to all the world; and that the measure of such responsibility is the full value of the property injured, or destroyed.
CHASE, and IREDELL, Justices, agreed that the owners were responsible, but differed as to the extent, observing that the privateer's men were justifiable in abandoning, to save themselves from captivity; but that the revoval of the money into the privateer, and the subsequent scutling of the brig, were unlawful acts.
On the fourth point, that whatever might, originally, have been the irregularity in attaching the Industry and her cargo, it is compleatly obviated, since the captors had a power to sell the prize; and by their own agreement, they have consented that the proceeds of the sale should abide the issue of the present suit.
The decree of the Circuit Court affirmed.