Woolsey accused Lord Nelson's master of smuggling American goods in violation of the Embargo Act of 1807, which forbade trading between the United States and British colonies.

Although there was no proof of smuggling and the schooner's owner James Crooks immediately went to Sackets Harbour to dispute the seizure, the onset of war prevented the return of his vessel.

[8][9] The Ontario Heritage Act was amended in 2005 to provide special protection to the shipwrecks of the Hamilton, the Scourge, and the SS Edmund Fitzgerald because of their historical and cultural significance and because they contain human remains.

Crook's descendants persisted and finally won compensation for the schooner 97 years later, in 1914, thanks to the determination of Henry James Bethune.

[11] Total compensation came to $23,644.38, reduced to $15,546.63 after deduction of legal expenses, and was paid by the United States government to the 25 descendants of James Crooks.