The Water Witch case was a dispute between Clifton, the claimant and Sheldon, the libellant. The Supreme Court of the United States heard this case in 1861 to determine whether or not Clifton had violated an act of Congress by navigating his vessel too close to a lighthouse. At issue was whether or not Clifton’s actions constituted negligence that caused damage to Sheldon’s property. After hearing arguments from both sides, the court determined that while there may have been some degree of negligence on behalf of Clifton, it did not rise to such a level as would constitute liability for damages under maritime law. As such, they ruled in favor of Clifton and dismissed all claims against him brought forth by Sheldon.

In The Water Witch, the Supreme Court was asked to determine whether a vessel called the Water Witch had been legally captured by a British ship during wartime. Justice Nelson delivered the dissenting opinion in this case, arguing that there was insufficient evidence to prove that the vessel had been lawfully seized and therefore should be returned to its rightful owner. He argued that while it is true that vessels of neutral nations may not aid either belligerents in war, there were no facts presented which showed any such assistance from this particular vessel. Furthermore, he noted that even if some form of assistance could be proven, it would still need to meet certain criteria before being considered an act of hostility against one side or another; none of these criteria were met here. Therefore Justice Nelson concluded his dissent with a call for further investigation into all relevant facts surrounding this case before determining who has legal title over the disputed property.