Captures in war inure to the government and can become private property only by its grant. The right of the citizen to demand condemnation of vessels or property as prize for his benefit must be derived from acts of Congress, and their scope is not to be enlarged in his favor by construction. The Siren, 13 Wall. 389, sub nom. United States Ships of War v. United States, 20 L. ed. 505. Although, in matters of detail, where there is no controversy in respect of the existence of the grant, a more liberal construction may be applied in carrying the intention of Congress into effect.
The correctness of the decree so far as it related to Spanish seagoing vessels with their equipment and the property found on board of them, captured at the battle or soon afterward, and not restored to their owners, is conceded.
1. The first question to be determined is whether the Don Juan de Austria, the Isla de Cuba, and the Isla de Luzon were properly adjudicated as prize for the benefit of captors, in view of their condition immediately after the engagement, and their being subsequently raised, reconstructed, and commissioned in the Navy.
In the consideration of that question we assume that 'capture' and 'prize' are not convertible terms, and that for the subject of capture to be made prize for the benefit of the captors the taking must meet the conditions imposed by the statutes.
The statutory provisions bearing on the case are to be found in Title LIV. of the Revised Statutes, entitled Prize, embracing §§ 4613 to 4652, inclusive (U.S.C.omp. Stat. 1901, pp. 3126-3139), some of which are given below, together with certain of the 'Instructions to Blockading Vessels and Cruisers,' issued by General Order, June 20, 1898.
Ordinarily, the property must be brought in for adjudication, as the question is one of title, which does not vest until condemnation, but it will be seen that, by § 4615 (U.S.C.omp. Stat. 1901, p. 3127), if the captured vessel, or any part of the captured property, is not in condition to be sent in for adjudication, a survey and appraisement shall be had, the property sold, and the proceeds deposited subject to the order of the court; and by §§ 4624 and 4625, captured vessels and property may be appropriated to the use of the United States, and the money value stand in place of the prize. And proceedings may be had where property which might have been brought in has been entirely lost or destroyed. Adjudication is contemplated in all cases.
By § 4635 (U.S.C.omp. Stat. 1901, p. 3134), a bounty is given for each person on board a vessel of the enemy which is 'sunk or otherwise destroyed' in an engagement, of $100 if the hostile fleet is of inferior, and of $200 if of equal or superior, force; and $50 for every person on board at the time of such capture, where the vessels taken are immediately destroyed in the public interest, but not in consequence of injuries received in action.
This bounty is to be divided in the same manner as prize money, and the prize money in the one case and the bounty in the other cover the entire results of success.
We agree with counsel for libellant that the words 'sunk or otherwise destroyed' are equivalent to 'destroyed by sinking or otherwise.' There are two general classes, then, under the statute,-vessels destroyed, and vessels captured and condemned, or appropriated.