## Facts

- During the Spanish–American War, U.S. naval forces under Admiral William T. Sampson maintained a blockade of Cuba.
- Two small Spanish fishing smacks were seized off Cuba and sent to Key West, Florida for prize proceedings: *The Paquete Habana* (a 25‑ton sloop with a three‑man crew) and *The Lola* (a 35‑ton schooner with a six‑man crew).
- Both vessels sailed under the Spanish flag, were regularly engaged in coastal fishing, and were owned by Spanish subjects residing in Havana, Cuba.
- The crews also resided in Havana, had no ownership interest in the vessels, and were paid by shares of the catch (amounting in total to two‑thirds), with the remaining share belonging to the owner.
- Each vessel’s cargo consisted of fresh fish caught by the crew, placed aboard as caught, kept alive, and intended for sale; the vessels carried ordinary fishing gear and supplies.
- The vessels were unarmed and were engaged in fishing when intercepted; there was no showing they carried contraband or were serving any hostile purpose.
- The U.S. District Court for the Southern District of Florida, sitting as a prize court, condemned both vessels and cargoes as lawful prize of war and ordered them sold, with proceeds distributed as prize.
- The owners appealed directly to the Supreme Court under the Act of March 3, 1891 (Judiciary Act of 1891).

## Issues

1. Whether the Supreme Court had appellate jurisdiction under the Act of March 3, 1891 to review final decrees in prize causes without regard to the amount in controversy or special certification.
2. Whether, under customary international law, unarmed coastal fishing vessels, with their implements, supplies, cargoes, and crews, honestly engaged in catching and bringing in fresh fish, are exempt from capture as prize of war in the absence of a contrary treaty, statute, or other public act of the United States.

## Decision

- The Court held it had jurisdiction under the Act of March 3, 1891 to hear appeals from final sentences and decrees in prize causes without regard to amount in dispute or a certificate from the district judge.
- The Court reversed the district court’s decrees condemning *The Paquete Habana* and *The Lola* and directed restitution of the proceeds of sale to the claimants, subject to proper deductions for expenses.
- The Court held that international law is part of U.S. law and must be found and applied by courts of appropriate jurisdiction when a case turns on it.
- The Court held that, by general consent of civilized nations and independent of any express treaty, there is an established rule of international law exempting from capture as prize unarmed coast‑fishing vessels (and their implements, supplies, cargoes, and crews) that are peacefully engaged in catching and bringing in fresh fish.
- Because no treaty, statute, or other controlling public act of the United States authorized treating such vessels as lawful prize, the customary rule governed and the captures were unlawful.
- Chief Justice Fuller, joined by Justices Harlan and McKenna, dissented.

## Legal Principles

- International law is part of U.S. law and is administered by courts when questions of right depending on it are properly presented.
- Where there is no treaty and no controlling executive or legislative act or judicial decision, courts determine the applicable rule by resort to the customs and usages of civilized nations, using jurists’ writings as evidence of what the law is (not what it should be).
- By established customary international law, unarmed coastal fishing vessels peacefully engaged in fishing for fresh fish (with their gear, supplies, cargo, and crews) are exempt from capture as prize of war.
- Prize courts must take judicial notice of established rules of international law and apply them unless displaced by a valid, contrary act of the political branches.

## Conclusion

The Supreme Court reversed prize condemnations of *The Paquete Habana* and *The Lola*, holding that U.S. courts must apply customary international law absent contrary domestic authority and that settled international practice exempts unarmed coastal fishing vessels peacefully engaged in bringing in fresh fish—together with their gear, cargo, and crews—from wartime capture as prize.


*The Paquete Habana*, 175 U.S. 677 (1900)

The Paquete Habana, 175 U.S. 677 (1900)