In the case of Erich Christian Ludwig Gruner v. The United States, the Supreme Court was asked to determine whether a vessel and its cargo were subject to forfeiture under an act of Congress that prohibited foreign vessels from engaging in certain types of trade with Cuba. Gruner argued that his schooner Fairy had been seized by U.S. authorities without due process, as he had not received notice or opportunity for a hearing prior to seizure and forfeiture proceedings being initiated against him. The government countered that it was within their right to seize the vessel without any prior warning because it violated federal law prohibiting such activities with Cuba at the time. Ultimately, the court sided with Gruner and held that although Congress could pass laws regulating commerce between nations, they must also provide fair procedures before seizing property belonging to individuals who violate those laws; thus reversing lower court rulings on this matter which found in favor of the government's position on this issue.

In the dissenting opinion of this case, Justice McLean argued that the claimant should be entitled to compensation for his schooner and its contents. He reasoned that although Congress had not authorized a payment in such cases, it was within their power to do so as they had done in similar circumstances before. Furthermore, he noted that there were no laws or regulations prohibiting such payments and thus it would be unjust to deny them here. Additionally, he pointed out that if the government did not pay for these losses then they would have been left with no remedy at all since private individuals could not sue them directly under existing law. Ultimately, Justice McLean concluded by stating that denying compensation in this instance was an act of injustice which should be remedied by Congress if possible.