The Benito Estenger
Headline: Upheld that a ship could be seized and confiscated as belonging to the enemy when a wartime sale to a neutral was only a sham, making it harder to avoid capture.
Holding: The Court ruled the ship could be seized because the sale to a British firm was only a sham and the vessel continued trading with a Spanish stronghold, so capture and confiscation were proper.
- Makes it harder to hide enemy ownership through sham sales and flag changes.
- Allows seizure when ships keep enemy crews, control, or deliver goods to enemy ports.
- Confirms consuls cannot license or protect enemy vessels from capture.
Summary
Background
A Spanish merchant named Messa owned and ran the steamer Benito Estenger, with a Spanish crew and officers. On a voyage carrying about eleven hundred barrels of flour, the ship sailed toward Manzanillo, a well-defended Spanish port. Before the voyage, Messa arranged a sale and British registration that placed a British firm, Beattie and Company, on the papers. U.S. naval forces captured the vessel while enforcing a blockade, and a lower court condemned the ship as enemy property. Messa appealed to the Supreme Court.
Reasoning
The Court focused on whether the transfer to the British firm was genuine or merely a cover to protect an enemy ship. Key facts included Messa’s Spanish nationality, the Spanish crew, the ship’s trade and delivery of the cargo to the Spanish government at Manzanillo, and the lack of clear proof of payment or change in control. The Court explained that during war transfers are heavily scrutinized, the claimant must prove a bona fide sale, and anything that keeps the enemy’s interest makes the sale colorable. Because the record showed continued management and trade with the enemy, the Court held the transfer was colorable and affirmed condemnation.
Real world impact
The ruling means owners cannot rely on a paper sale and new flag to avoid capture if the old owners keep control or the ship continues trading with enemy ports. It confirms that U.S. consuls cannot grant protection against capture, and that cargo destined for defended enemy ports can make a vessel liable as enemy property. The decision upholds strict scrutiny of neutral sales during war.
Dissents or concurrances
Three Justices dissented, but the opinion does not detail their disagreements. Their disagreement is noted without further explanation in the Court’s opinion.
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