Talbot v. Seeman
Encyclopedia
Talbot v. Seeman, is a case of the Supreme Court of the United States
. It was a maritime case involving the circumstances under which salvage rights
attach to a neutral vessel, captured by enemy forces, and then recaptured by the United States
Navy
.
. It was captured on the high seas by the French
military vessel La Diligente during the Franco-American Naval Conflict
of 1798-1800. The vessel was then recaptured during the same period by the USS Constitution
under the command of Captain Talbot. Talbot asserted salvage rights over the captured vessel. The Court considered two issues:
The first issue was complicated by two factors. First, an enemy vessel captured in time of war is captured legally. However, in this case the vessel was not an enemy vessel, but a vessel legally owned by a non-party to the conflict. Second, there was no declaration of war
in the conflict between the United States and France.
The Hamburg vessel was on its way to France at the time it was recaptured by Captain Talbot. The Seeman and other owners of the vessel claimed that under the Laws of War
the French would have to release it to them and thus Captain 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.
had authorized the military
seizure of French vessels. Since the Amelia was armed and in the possession of the French Navy, probable cause
existed for Captain Talbot to capture it. The capture was therefore legal. It further held that a meritorious service had been performed in rescuing it from French hands. In exchange for its return to its rightful owners, Captain Talbot and the officers 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.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. It was a maritime case involving the circumstances under which salvage rights
Marine salvage
Marine salvage is the process of rescuing a ship, its cargo, or other property from peril. Salvage encompasses rescue towing, refloating a sunken or grounded vessel, or patching or repairing a ship...
attach to a neutral vessel, captured by enemy forces, and then recaptured by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Navy
Navy
A navy is the branch of a nation's armed forces principally designated for naval and amphibious warfare; namely, lake- or ocean-borne combat operations and related functions...
.
Background
The Amelia was a merchant vessel owned by citizens of HamburgHamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
. It was captured on the high seas by the French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
military vessel La Diligente during the Franco-American Naval Conflict
Quasi-War
The Quasi-War was an undeclared war fought mostly at sea between the United States and French Republic from 1798 to 1800. In the United States, the conflict was sometimes also referred to as the Franco-American War, the Pirate Wars, or the Half-War.-Background:The Kingdom of France had been a...
of 1798-1800. The vessel was then recaptured during the same period by the USS Constitution
USS Constitution
USS Constitution is a wooden-hulled, three-masted heavy frigate of the United States Navy. Named by President George Washington after the Constitution of the United States of America, she is the world's oldest floating commissioned naval vessel...
under the command of Captain Talbot. Talbot 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 first issue was complicated by two factors. First, an enemy vessel captured in time of war is captured legally. However, in this case the vessel was not an enemy vessel, but a vessel legally owned by a non-party to the conflict. Second, there was no declaration of war
Declaration of war
A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
in the conflict between the United States and France.
The Hamburg vessel was on its way to France at the time it was recaptured by Captain Talbot. The Seeman and other owners of the vessel claimed that under the Laws of War
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
the French would have to release it to them and thus Captain 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 with France, CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had authorized the military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...
seizure of French vessels. Since the Amelia was armed and in the possession of the French Navy, probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
existed for Captain Talbot to capture it. The capture was therefore legal. It further held that a meritorious service had been performed in rescuing it from French hands. In exchange for its return to its rightful owners, Captain Talbot and the officers 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.