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 comdemning 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.