Bas v. Tingy
Supreme Court of the United States · 1800-08-15 · cited 57×
The case Bas v. Tingy involved a dispute over the salvage award for an American vessel recaptured from French forces, specifically whether the higher rate under the March 1799 act applied because France qualified as an 'enemy.' The Supreme Court affirmed the Circuit Court's decree granting the one-half salvage share after 96 hours of adverse possession. The Court held that a state of partial or imperfect public war existed between the United States and France, authorized by Congress through measures such as raising an army, ending intercourse, and directing naval captures, even absent a formal declaration of war. Justices reasoned that such authorized hostilities made the statutory term 'enemy' applicable, satisfying the act's provisions for recaptures during the ongoing conflict.