Bas v. Tingy
4 U.S. 37, 4 Dall. 37, 1 L. Ed. 731 (1800)
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Rule of Law:
Congress may authorize a limited, undeclared state of hostilities, known as an "imperfect" or "partial" war. In such a conflict, the opposing nation is legally considered an "enemy" for the purposes of interpreting federal statutes.
Facts:
- John Bas owned the American merchant ship, the Eliza.
- In early 1799, during a period of undeclared maritime conflict between the United States and France (the Quasi-War), a French privateer captured the Eliza on the high seas.
- The French privateer remained in possession of the Eliza for more than ninety-six hours.
- Subsequently, Captain Tingy, commanding the U.S. naval frigate Ganges, recaptured the Eliza from the French.
- At the time, two federal statutes governed salvage rights: an older one from 1798 specified a one-eighth salvage fee for recaptures from the French, while a newer one from 1799 mandated a one-half fee for recaptures from an "enemy."
Procedural Posture:
- Captain Tingy filed a libel (a lawsuit in admiralty court) against the ship Eliza and its owner, John Bas, in the U.S. District Court for the District of Pennsylvania, seeking one-half the value of the ship and cargo as salvage.
- The District Court ruled in favor of Tingy, awarding him one-half salvage pursuant to the Act of March 2, 1799.
- Bas, the plaintiff, appealed the decision to the U.S. Circuit Court for the District of Pennsylvania.
- The Circuit Court affirmed the District Court's decree, with the ruling passing by consent of the parties to expedite a final appeal.
- Bas, as plaintiff in error, then brought the case to the U.S. Supreme Court on a writ of error.
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Issue:
Does a state of limited, undeclared, and congressionally-authorized maritime hostility between the United States and France constitute a state of war, thereby making France an "enemy" under the federal salvage Act of March 2, 1799?
Opinions:
Majority - Moore, Washington, Chase, and Paterson, JJ. (delivered opinions seriatim)
Yes, the limited, undeclared hostility between the United States and France was a public war, making France an "enemy" under the 1799 salvage act. The Court reasoned that war can be "perfect" (solemnly declared and total) or "imperfect" (limited in scope, objects, and persons, as authorized by the legislature). Justice Washington defined public war as any "contention by force between two nations, in external matters, under the authority of their respective governments." Although Congress had not formally declared war on France, it had authorized a series of hostile acts, including raising an army, suspending intercourse, and commissioning warships to attack and seize armed French vessels. Justice Chase noted that a partial war creates a "partial enemy," but an enemy nonetheless. The justices agreed that these congressional authorizations created a state of limited, public war. They further found legislative intent in the 1799 Act itself, which referred to "prizes" taken from the French, as prizes can only be taken from an enemy in a state of war. Therefore, the 1799 Act, which set salvage at one-half for property recaptured from an "enemy," superseded the earlier 1798 Act.
Analysis:
This case is foundational in American constitutional law for establishing the concept of an "imperfect" or undeclared war. It affirms that Congress possesses the constitutional authority to authorize limited military hostilities that constitute a state of public war, even without a formal declaration. This principle grants Congress flexibility in responding to foreign threats and has been critical in shaping the legal framework for numerous subsequent conflicts and authorizations for the use of military force (AUMFs) where war was not formally declared. The decision clarifies that the legal status of "enemy" is determined by the existence of government-authorized hostilities, not by the formalities of a declaration.
