The U.S. Supreme Court case, The Delaware (1895), involved a dispute over the salvage rights of an abandoned vessel during wartime. A British ship named "Delaware" was captured by a Confederate privateer during the Civil War and subsequently recaptured by Union forces. It was then sold to American citizens who claimed ownership under maritime law which states that property lost at sea can be claimed if it is recovered and brought back to land. However, the original British owners contested this claim arguing that they never relinquished their rights to the ship as it had been unlawfully seized in violation of international law. The Supreme Court ruled in favor of the original British owners stating that while maritime laws do allow for salvage claims on abandoned vessels, these rules do not apply when a vessel has been forcibly taken or illegally seized during times of war without just cause or due process from its rightful owner(s). Therefore, despite being recaptured and salvaged by American citizens, ownership should revert back to its original holders - in this case, the British company.

In the dissenting opinion for The Delaware case in 1895, Justice Harlan argued that the majority's decision was a departure from established principles of maritime law. He contended that under international and domestic laws, a ship at sea has an obligation to provide assistance to any person found in peril or distress. In this particular case, he believed that the crew of The Delaware had failed in their duty by not making every possible effort to save those aboard another vessel they encountered which was clearly sinking. Furthermore, he disagreed with the majority's view on damages awarded for loss of life at sea; arguing instead for compensation proportional to each victim’s earning capacity rather than a flat rate per individual regardless of age or occupation. This would ensure fairer restitution for families who lost breadwinners as opposed to dependents without income potential.