| Bas v. Tingy | |
|---|---|
 | |
| Argued August 14, 1800 Decided August 15, 1800 | |
| Full case name | Bas, Plaintiff in Error v. Tingy, Defendant in Error |
| Citations | 4 U.S. 37 (more) |
| Court membership | |
| |
| Case opinions | |
| Seriatim | Moore |
| Seriatim | Washington |
| Seriatim | Chase |
| Seriatim | Paterson |
Bas v. Tingy, 4 U.S. (4 Dall.) 37 (1800) was a case in maritime law, argued before the United States Supreme Court in 1800. The parties were John Bas, owner of the private vessel Eliza which was captured by French privateers at sea, and Tingy, commander of a public armed vessel—the Ganges—which recovered the Eliza.
The case hinged on a matter of the law of salvage, or marine salvage; two separate laws prescribed different rates of compensation for salvors, or rescuers of abandoned or captured ships. A 1798 law stated that the owner of a ship which is recovered by a "public" vessel shall pay one-eighth of the ship's value to the salvors, as recovery fee. A 1799 law had more complex language: if a captured ship is recovered within 24 hours, the owner shall pay the salvors one-eighth its value; if a captured ship is recovered 96 hours after its capture, the owner shall pay the salvor one-half the ship's value. Tingy, the salvor, sought the greater compensation of one-half, while Bas, the owner, sought the lesser payment of one-eighth. The Supreme Court affirmed the lower courts' decision, validating the later 1799 law's language: Bas would have to pay the higher rate of one-half as recovery fee.
Bas v. Tingy occurred in the political context of the Quasi-War, maritime skirmishes between the United States and France. The case is also notable as having the only recorded opinion of associate justice Alfred Moore.[1]
- ^ Hall, Kermit L., ed. (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. p. 650-651. ISBN 978-0-19-505835-2.