7.

THE PAQUETE HABANA

175 US 677, 20 S.Ct.290, 44L.Ed. 320, 1900 U.S. LEXIS 1714 (U.S. Jan. 8, 1900)

FACTS:

In the recent war with Spain, two fishing smacks engaged in fishing sailed in the coast of
Cuba, in the territorial waters of Spain. Upon their return with the cargo of live fish, the vessels
were captured by the US blockading squadron. Neither of the vessels carried arms or
ammunition on board nor the crews had any knowledge of the blockade or even the war until
they were captured. There was no showing of any attempt to run the blockade after learning of
its existence nor did they resist their arrest. They were brought to Key West as prizes of war
and eventually the vessels were put and sold by auction. There are two appeals from decrees of
the District Court of the US for the Southern District of Florida comdemning two fishing vessels
and their cargoes as prize of war.

ISSUES:

Whether or not coastal fishing vessels with their cargoes and crews be excluded from
prizes of war?

HELD/RULING

Yes. The Supreme Court ruled that, under the law of nations, the seizure of the vessels
was unlawful and without probable cause. The doctrine that exempts coastal fisherfolks with
their vessels and crews from capture as prizes of war has been known by the U.S. from the time
of the War of Independence and has been recognized explicitly by the French and British
governments. It was a rule of international law that coast fishing vessels, engaged in catching
and bringing in live fishes were exempted, including its cargoes and crews from capture as prize
of war. Although not reduced to treaty or statutory law, courts were obligated to take notice of
and give effect to that rule.

Therefore, the decrees condemning the captured vessels were reversed and it was
ordered that the proceeds of the sales of each vessel and cargo be restored to their respective
owners or claimants, with compensatory damages and costs.