Silas Talbot v. Hans Frederick Seeman
| Decision Date | 01 August 1801 |
| Citation | 5 U.S. 1,2 L.Ed. 15,1 Cranch 1 |
| Parties | SILAS TALBOT v. HANS FREDERICK SEEMAN |
| Court | U.S. Supreme Court |
THIS was a libel for salvage, filed in the district court of New York, by Silas Talbot, Esq. for himself and the officers and crew of the Constitution, a vessel of the United States, against the ship Amelia, the property of merchant citizens of Hamburgh; she having been recaptured on the high seas by the Constitution on the 15th of September 1799, after her capture on the 6th of September, by a French corvette, while on her voyage from Calcutta to Hamburgh. The captors placed a prize master and men on board of the Amelia, and ordered her to St. Domingo. On her re-capture, by captain Talbot, she was sent to New York. The district court allowed salvage to the libellants, and the circuit court reversed the decree. The case came up by writ of error to the circuit court, on the part of the libellants.
For the respondents the points made were,
1. That captain Talbot had no right to interfere with the Amelia, she being a neutral vessel and not liable to condemnation by the laws of nations.
2. That salvage is only due when a benefit has been conferred; and here none was received.
3. That salvage imports a lawful consideration.
4. That to support it there must be a consideration express or implied.
For the libellants it was claimed,
1. That the Amelia, under the circumstances in which she was met by the Constitution, was liable to recapture.
2. That the libellants saved the property from condemnation in the courts of France.
3. That by the laws of nations, and the provisions of the act of congress, the recaptors were entitled to salvage.
[Statement of Case from pages 1-26 intentionally omitted]
Page 26 Mr. Chief Justice MARSHALL delivered the opinion of the court.
This was a writ of error to a decree of the circuit court for the district of New York, by which the decree of the district court of that state, restoring the ship Amelia to her owner on payment of one halffor salvage, was reversed, and a decree rendered directing the restoration of the vessel without salvage.
The facts agreed by the parties, and the pleadings in the cause present the following case:
The ship Amelia sailed from Calcutta in Bengal in April 1799, loaded with a cargo of the product and manufacture of that country, and was bound to Hamburgh. On the 6th of September she was captured by the French national corvette La Diligente, commanded by L. J. Dubois, who took out the captain, part of the crew, and most of the papers of the Amelia, and putting a prize master and French sailors on board her, ordered her to St. Domingo to be judged according to the laws of war.
On the 15th of September she was recaptured by captain Talbot, commander of the Constitution, who ordered her into New York for adjudication.
At the time of the recapture, the Amelia had eight iron cannon, and eight wooden guns, with which she left Calcutta. From the ship's papers, and other testimony, it appeared that she was the property of Chapeau Rouge, a citizen and merchant of Hamburgh; and it was conceded by the counsel below, that France and Hamburgh were not in a state of hostility with each other, and that Hamburgh was to be considered as neutral between the present belligerent powers.
The district court of New York, before whom the cause first came, decreed one half of the gross amount of the ship and cargo as salvage to the recaptors. The circuit court of New York reversed this decree: from which reversal the recaptors appealed to this court.
The Amelia was libelled as a French vessel, and the libellant prays that she may be condemned as prize; or, if restored to any person entitled to her, as the former owner, that such restoration should be made on paying salvage. The claim and answer of Hans Frederick Seeman, discloses the neutral character of the vessel, and claims her on behalf of the owners.
The questions growing out of these facts, and to be decided by the court, are Is captain Talbot, the plaintiff in error, entitled to any, and if to any, to what salvage in the case which has been stated?
Salvage is a compensation for actual service rendered to the property charged with it.
It is demandable of right for vessels saved from pirates or from the enemy.
In order, however, to support the demand, two circumstances must concur.
1. The taking must be lawful.
2. There must be a meritorious service rendered to the recaptured.
1. The taking must be lawful—for no claim can be maintained in a court of justice, founded on an act in itself tortious. On a recapture, therefore, made by a neutral power, no claim for salvage can arise, because the act of retaking is a hostile act, not justified by the situation of the nation to which the vessel making the recapture belongs, in relation to that from the possession of which such recaptured vessel was taken. The degree of service rendered the rescued vessel is precisely the same as if it had been rendered by a belligerent; yet the rights accruing to the recaptor are not the same, because no right can accrue from an act in itself unlawful.
In order then to decide on the right of captain Talbot, it becomes necessary to examine the relative situation of the United States and France at the date of the recapture.
The whole powers of war being, by the constitution of the United States, vested in congress, the acts of that body can alone be resorted to as our guides in this inquiry. It is not denied, nor in the course of the argument has it been denied, that congress may authorize general hostilities, in which case the general laws of war apply to our situation; or partial hostilities, in which case the laws of war, so far as they actually apply to our situation, must be noticed.
To determine the real situation of America in regard to France, the acts of congress are to be inspected.
The first act on this subject passed on the 28th of May 1798, and is entitled, 'an act more effectually to protect the commerce and coasts of the United States.'
This act authorises any armed vessel of the United States to capture any armed vessel sailing under the authority, or pretence of authority, of the Republic of France, which shall have committed depredations on vessels belonging to the citizens of the United States, or which shall be found hovering on the coasts for the purpose of committing such depredations. It also authorises the recapture of vessels belonging to the citizens of the United States.
On the 25th of June 1798, an act was passed 'to authorise the defence of the merchant vessels of the United States against French depredations.'
This act empowers merchant vessels, owned wholly by citizens of the United States, to defend themselves against any attack which may be made on them by the commander or crew of any armed vessel sailing under French colours, or acting or pretending to act, by or under the authority of the French Republic; and to capture any such vessel. This act also authorizes the recapture of merchant vessels belonging to the citizens of the United States. By the second section, such armed vessel is to be brought in and condemned for the use of the owners and captors.
By the same section, recaptured vessels belonging to the citizens of the United States, are to be restored, they paying for salvage not less than one-eighth nor more than one-half of the true value of such vessel and cargo.
On the 28th of June, an act passed 'in addition to the act more effectually to protect the commerce and coasts of the United States.'
This authorises the condemnation of vessels brought in under the first act, with their cargoes, excepting only from such condemnation the goods of any citizen or person re- sident within the United States, which shall have been before taken by the crew of such captured vessel.
The second section provides that whenever any vessel or goods, the property of any citizen of the United States or person resident therein, shall be recaptured, the same shall be restored, he paying for salvage one eighth part of the value free from all deductions.
On the 9th of July another law was enacted, 'further to protect the commerce of the United States.'
This act authorises the public armed vessels of the United States to take any armed French vessel found on the high seas. It also directs such armed vessel, with her apparel, guns, &c. and the goods and effects found on board, being French property, to be condemned as forfeited.
The same power of capture is extended to private armed vessels.
The sixth section provides, that the vessel or goods of any citizen of the United States, or person residing therein, shall be restored, on paying for salvage not less than one eighth, nor more than one half of the value of such recapture, without any deduction.
The seventh section of the act for the government of the navy, passed the 2d of March 1799, enacts 'that for the ships or goods belonging to the citizens of the United States, or to the citizens or subjects of any nation in amity with the United States, if retaken within twenty-four hours, the owners are to allow one-eighth part of the whole value for salvage,' and if they have remained above ninety-six hours in possession of the enemy, one-half is to be allowed.
On the 3d of March 1800, congress passed 'an act providing for salvage in cases of recapture.'
This law regulates the salvage to be paid 'when any vessels or goods, which shall be taken as prize as aforesaid, shall appear to have before belonged to any person or per- sons permanently resident within the territory and under the protection of any foreign prince, government or state in amity with the United States, and to have been taken by an enemy of the United States, or by authority or pretence of authority from any prince, government or state against which the United States have authorised, or shall authorise defence or reprisals.'
These are the laws of the United States, which define their...
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