Dewey v. United States

Background

The dispute involves the commander of the American fleet at the naval battle of Manila on May 1, 1898, seeking bounty money for enemy ships sunk or destroyed. Congress had authorized $100 per person if the enemy vessel was of inferior force, and $200 if of equal or superior force. Nineteen American ships with 1,836 officers and men fought Spanish vessels that carried a total of 2,973 men; the Spanish vessels destroyed carried 1,914 men. The Court of Claims awarded $9,570 based on $100 per person.

Reasoning

The Court addressed whether supporting shore defenses—batteries, mines, and torpedoes not controlled by the Spanish ships—should be counted when deciding if the enemy vessels were of equal or superior force. The majority held that the statute’s language compares “the enemy’s vessel” itself, meaning the ships’ size, armament, and crew. Shore batteries and submarine defenses were therefore excluded from the comparison. Applying that view, the Court affirmed the lower-court award based on the $100 rate.

Real world impact

The decision limits the scope of bounty awards by tying comparisons to the enemy ships alone, not to separate land or underwater defenses that may have supported them. As a result, the American officers and crew in the Manila engagement receive the lower bounty rate. The Court noted Congress later repealed bounty provisions for future wars, but this ruling resolves the statutory question for these claims.

Dissents or concurrances

Three Justices dissented, arguing the statute should be read in light of its purpose to reward gallantry and thus include shore defenses and submarine hazards in the force comparison, which would justify the higher $200 rate.