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The Argo was a case heard by the United States Supreme Court in 1817. The case involved a dispute between two parties, one of whom had purchased the rights to salvage goods from a shipwrecked vessel called “The Argo” and another who claimed that they were entitled to those same salvaged goods. The court ultimately ruled in favor of the first party, finding that their purchase gave them exclusive title to all property recovered from the wreck site. In its decision, the court established an important precedent for maritime law: when someone purchases salvage rights from a wrecked vessel, they are granted exclusive ownership over any items recovered as part of their efforts. This ruling has been cited numerous times since then and continues to be relevant today in cases involving marine salvage operations.
In The Argo, the Supreme Court was asked to determine whether a ship and its cargo were liable for duties imposed by Congress. Chief Justice John Marshall wrote the dissenting opinion, arguing that while Congress had authority to impose taxes on imports and exports, it did not have the power to tax vessels or their cargoes as they passed through American waters. He argued that such taxation would be an unconstitutional exercise of power because it would amount to a direct tax on navigation which is prohibited under Article I Section 9 of the Constitution. Furthermore, he noted that if this type of taxation were allowed then there would be no limit on what kind of taxes could be imposed in other areas. As such, he concluded that any attempt by Congress to levy a duty upon ships or their cargoes passing through American waters was unconstitutional and should not stand.