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

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    Μιχαήλ εραστής του ροσαριού
    The Supreme Court ruled that the capture of two Spanish fishing vessels by U.S. blockade ships during the Spanish-American War was unlawful based on established principles of international law. The vessels were small fishing boats engaged in coastal fishing near Cuba, had no arms or ammunition, and were unaware of the war until captured. Under international law as accepted by civilized nations, small coastal fishing vessels pursuing their occupation are generally exempt from capture during war as prize unless they attempt to violate a blockade.

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

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    Μιχαήλ εραστής του ροσαριού
    68 views1 page
    The Supreme Court ruled that the capture of two Spanish fishing vessels by U.S. blockade ships during the Spanish-American War was unlawful based on established principles of international law. The vessels were small fishing boats engaged in coastal fishing near Cuba, had no arms or ammunition, and were unaware of the war until captured. Under international law as accepted by civilized nations, small coastal fishing vessels pursuing their occupation are generally exempt from capture during war as prize unless they attempt to violate a blockade.

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

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    The Supreme Court ruled that the capture of two Spanish fishing vessels by U.S. blockade ships during the Spanish-American War was unlawful based on established principles of international law. The vessels were small fishing boats engaged in coastal fishing near Cuba, had no arms or ammunition, and were unaware of the war until captured. Under international law as accepted by civilized nations, small coastal fishing vessels pursuing their occupation are generally exempt from capture during war as prize unless they attempt to violate a blockade.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    68 views1 page

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

    Uploaded by

    Μιχαήλ εραστής του ροσαριού
    The Supreme Court ruled that the capture of two Spanish fishing vessels by U.S. blockade ships during the Spanish-American War was unlawful based on established principles of international law. The vessels were small fishing boats engaged in coastal fishing near Cuba, had no arms or ammunition, and were unaware of the war until captured. Under international law as accepted by civilized nations, small coastal fishing vessels pursuing their occupation are generally exempt from capture during war as prize unless they attempt to violate a blockade.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    U.S.

    Supreme Court Spanish subject, residing in Havana; her crew,


    who also resided there, had no interest in the
    vessel, but were entitled to shares, amounting in
    The Paquete Habana, 175 U.S. 677 all to two thirds, of her catch, the other third
    (1900) belonging to her owner, and her cargo consisted
    of fresh fish, caught by her crew from the sea,
    The Paquete Habana put on board as they were caught, and kept and
    sold alive. Each vessel left Havana on a coast
    Nos. 895-896 fishing voyage, and sailed along the coast of
    Cuba about two hundred miles to the west end of
    Argued November 7-8, 1899 the island; the sloop there fished for twenty-five
    days in the territorial waters of Spain, and the
    Decided January 8, 1900 schooner extended her fishing trip a hundred

    175 U.S. 677 (1900) Page 175 U. S. 678

    Syllabus miles farther across the Yucatan Channel, and


    fished for eight days on the coast of Yucatan. On
    Under the Act of Congress of March 3, 1891, c. her return, with her cargo of live fish, along the
    517, this Court has jurisdiction of appeals from coast of Cuba, and when near Havana, each
    all final sentences and decrees in prize causes, was captured by one of the United States
    without regard to the amount in dispute and blockading squadron. Neither fishing vessel had
    without any certificate of the district judge as to any arms or ammunition on board, had any
    the importance of the particular case. knowledge of the blockade, or even of the war,
    until she was stopped by a blockading vessel,
    International law is part of our law, and must be made any attempt to run the blockade, or any
    ascertained and administered by the courts of resistance at the time of her capture, nor was
    justice of appropriate jurisdiction as often as there any evidence that she, or her crew, was
    questions of right depending upon it are duly likely to aid the enemy. Held that both captures
    presented for their determination. For this were unlawful, and without probable cause.
    purpose, where there is no treaty and no
    controlling executive or legislative act or judicial The cases are stated in the opinion of the Court.
    decision, resort must be had to the customs and
    usages of civilized nations, and, as evidence of
    these, to the works of jurists and commentators,
    not for the speculations of their authors
    concerning what the law ought to be, but for
    trustworthy evidence of what the law really is.

    At the present day, by the general consent of the


    civilized nations of the world and independently
    of any express treaty or other public act, it is an
    established rule of international law that coast
    fishing vessels, with their implements and
    supplies, cargoes and crews, unarmed and
    honestly pursuing their peaceful calling of
    catching and bringing in fresh fish, are exempt
    from capture as prize of war. And this rule is one
    which prize courts, administering the law of
    nations, are bound to take judicial notice of, and
    to give effect to, in the absence of any treaty or
    other public act of their own government in
    relation to the matter.

    At the breaking out of the recent war with Spain,


    two fishing smacks -- the one a sloop, 43 feet
    long on the keel and of 25 tons burden, and with
    a crew of three men, and the other a schooner,
    51 feet long on the keel and of 35 tons burden,
    and with a crew of six men -- were regularly
    engaged in fishing on the coast of Cuba, sailing
    under the Spanish flag, and each owned by a

    Page 1 of 1

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