Facts
- John Bas, owner and master of the American merchant vessel Eliza, sought return of ship and cargo after recapture.
- On March 31, 1799, the Eliza and cargo, owned by U.S. citizens, were captured on the high seas by a French privateer.
- On April 21, 1799, after French possession for more than ninety-six hours, the Eliza was retaken by Tingy, commander of the U.S. public armed ship Ganges.
- Tingy filed a libel in federal district court seeking salvage for the recapture; the owners admitted the material facts.
- Two federal salvage statutes potentially applied: a 1798 statute setting salvage at one-eighth for recaptures from the French by U.S. public armed vessels, and a 1799 statute setting graduated salvage for retakes from “the enemy,” including one-half if the enemy held the property more than ninety-six hours.
- Tingy claimed one-half salvage under the 1799 statute; Bas argued only one-eighth was due under the 1798 statute.
- The dispute arose during congressionally authorized naval hostilities between the United States and France (the Quasi-War).
Issues
- Whether salvage for the Eliza’s recapture was governed by the 1798 France-specific statute (one-eighth) or the 1799 statute applicable to retakes from “the enemy” (up to one-half).
- Whether France qualified as “the enemy” under the 1799 statute despite the absence of a formal declaration of general war.
Decision
- The Supreme Court affirmed the judgment awarding Tingy one-half of the value of the ship and cargo as salvage.
- The Court held that the 1799 statute controlled because the recapture was from “the enemy” and occurred after more than ninety-six hours’ enemy possession.
- The Court held that the United States and France were engaged in a public, though limited, war authorized by Congress; France therefore counted as an “enemy” for purposes of the statute.
Legal Principles
- A “public” war may be limited in scope and still create “enemies” in the legal sense when Congress authorizes specific hostilities.
- For salvage on recapture, a later, more comprehensive statute addressing retakes from “the enemy” may govern over an earlier, narrower statute addressing a particular nation when the later statute’s terms are satisfied.
- Under the 1799 salvage scheme, the duration of enemy possession is a statutory trigger for increased salvage, including one-half of value when possession exceeded ninety-six hours.
Conclusion
The Court treated congressionally authorized Quasi-War hostilities as a public but limited war, making France an “enemy” under the 1799 salvage law and requiring the owners to pay one-half of the Eliza’s value upon restoration after recapture beyond ninety-six hours.