Bas v. Tingy

Amid rising tension between the United States and France from 1798 to 1800, Congress passed statutes authorizing naval action against French vessels without ever formally declaring war. A 1798 act entitled owners of recaptured American ships to one-eighth of the ship's value as a salvage payment; a later 1799 act increased that to one-half if the recapture occurred more than 96 hours after the original capture, using the word 'enemy' rather than naming France specifically. Captain Tingy (plaintiff) recaptured Bas's (defendant) ship, the Eliza, more than 96 hours after the French had seized it, and sought the higher one-half salvage award under the 1799 act; Bas argued only the lower one-eighth award under the 1798 act applied. The circuit court awarded Tingy one-half, and Bas appealed.