In Joseph Barlow, Claimant of Eighty-Five Hogsheads of Sugar v. The United States, the Supreme Court was asked to decide whether or not a claimant could recover damages for goods that were seized by customs officers and then sold at auction without notice to the claimant. The appellant argued that he had been deprived of his property without due process and should be compensated accordingly. However, the court held that since no notice was given prior to sale, there was no way for him to protect his rights as an owner before it happened; thus he could not receive compensation from the government in this case. Furthermore, they stated that if such seizures are made with reasonable cause and done according to law then any resulting losses must be borne by those whose property is taken away rather than being shifted onto taxpayers through payment of damages. Ultimately, this decision established precedent which still stands today: when goods are seized by customs officers with reasonable cause and following proper procedure then claimants cannot seek recompense from the government even if their rights have been violated in some way during seizure or subsequent sale proceedings.

In the case of Joseph Barlow, Claimant of Eighty-Five Hogsheads of Sugar v. The United States, Justice McLean dissented from the majority opinion. He argued that while it was true that Congress had not passed any law to allow for compensation in this particular instance, they had done so in other cases and thus should be held to a similar standard here. Furthermore, he argued that since there was no dispute as to whether or not the sugar belonged to Barlow at one point and then taken by the government without his consent or knowledge, he should be compensated for its value regardless of what laws were on record at the time. In conclusion, Justice McLean believed that even though Congress had failed to pass a law allowing for such compensation in this case specifically; due process demanded some form of recompense given all circumstances involved with this particular situation.