The Paquete Habana
Encyclopedia
Paquete Habana.; The Lola, 175 U.S. 677
(1900), was a landmark United States Supreme Court
case that reversed an earlier court decision allowing the capture of fishing vessels under Prize (law)
. Its importance rests on the fact that it integrated Customary international law
with American law, perhaps the quintessential position of those who hold a monist perspective of international law.
Admiral Sampson justified the seizures by stating that most fishing vessels, flying under the Spanish banner were manned by excellent seamen, "liable for further service" as naval reserves, an asset that could eventually be used against US interests in the Spanish American War.
The owners of the vessels however made an appeal to the circuit courts, citing a long held tradition by nations of exempting fishing vessels from prize capture in times of war. This "tradition", a primary example of customary international law, dates back from an order by Henry IV in 1403, and has more or less been observed by a large majority of States ever since.
At the time of capture both vessels had no evidence of aiding the enemy, and were unaware of the US naval blockade. No arms were found on board, and no attempts were made to either run the blockade or resist capture.
delivered a dissenting opinion, which was joined by Justices Harlan
and McKenna
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1900), was a landmark United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case that reversed an earlier court decision allowing the capture of fishing vessels under Prize (law)
Prize (law)
Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, it was common that the capturing force would be allotted...
. Its importance rests on the fact that it integrated Customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
with American law, perhaps the quintessential position of those who hold a monist perspective of international law.
Background of the case
In April 1898 two fishing vessels, the Paquete Habana, and the Lola separately left Cuban ports in Havana in order to fish. The two vessels were eventually captured by US Naval vessels as part of Admiral Sampson's blockade of Cuba, who was ordered to execute the blockade 'in pursuance of the laws of the United States, and the law of nations applicable to such cases.' The vessels were placed within Cuba's territorial waters at the onset of the Spanish-American War and then taken to Key West, where both vessels were eventually auctioned by the district court.Admiral Sampson justified the seizures by stating that most fishing vessels, flying under the Spanish banner were manned by excellent seamen, "liable for further service" as naval reserves, an asset that could eventually be used against US interests in the Spanish American War.
The owners of the vessels however made an appeal to the circuit courts, citing a long held tradition by nations of exempting fishing vessels from prize capture in times of war. This "tradition", a primary example of customary international law, dates back from an order by Henry IV in 1403, and has more or less been observed by a large majority of States ever since.
At the time of capture both vessels had no evidence of aiding the enemy, and were unaware of the US naval blockade. No arms were found on board, and no attempts were made to either run the blockade or resist capture.
The court's decision
The United Supreme Court, which cited lengthy legal precedents established to support the existence of a customary international law that exempted fishing vessels from prize capture eventually found the capture of both vessels as "unlawful and without probable cause", reversed the District Court's decision, and ordered the proceeds of the auction as well as any profits made from her cargo to be restored to the claimant, "with damages and costs".Fuller's dissent
Justice FullerMelville Fuller
Melville Weston Fuller was the eighth Chief Justice of the United States between 1888 and 1910.-Early life and education:...
delivered a dissenting opinion, which was joined by Justices Harlan
John Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
and McKenna
Joseph McKenna
Joseph McKenna was an American politician who served in all three branches of the U.S. federal government, as a member of the U.S. House of Representatives, as U.S. Attorney General and as an Associate Justice of the Supreme Court...
.
See also
- Garcia-Mir v. MeeseGarcia-Mir v. MeeseGarcia-Mir v. Meese, 788 F.2d 1446 , was a decision by the United States Court of Appeals for the Eleventh Circuit, which ruled that the United States could detain indefinitely Cuban refugees who had arrived during the Mariel boatlift....
- List of United States Supreme Court cases, volume 175