# The Three Friends

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## Dissenting Opinion

    Harlan
United States Supreme Court
166 U.S. 1
The Three Friends
The first two paragraphs of the libel alleged the seizure and detention of the vessel, and the libel then continued:
'Third. That the said steamboat or steam vessel, the Three Friends, was on, to wit, on the 23d day of May, A. D. 1896, furnished, fitted out, and armed, with intent that she should be employed in the service of a certain people, to wit, certain people then engaged in armed resistance to the government of the king of Spain, in the Island of Cuba, to cruise, and commit hostilities against the subjects, citizens, and property of the king of Spain, in the Island of Cuba, with whom the United States are and were at that date at peace.
'Fourth. That the said steamboat or steam vessel, Three Friends, on, to wit, on the 23d day of May, A. D. 1896, whereof one Napoleon B. Broward was then and there master, and within the said Southern district of Florida, was then and there fitted out, furnished, and armed, with intent that said vessel, the said Three Friends, should be employed in the service of a certain people, to wit, the insurgents in the Island of Cuba, otherwise called the 'Cuban revolutionists,' to cruise and commit hostilities against the subjects, proeprty, and people of the king of Spain, in the said Island of Cuba, with whom the United States are and were then at peace.
'Fifth. That the said steamboat or steam vessel, Three Friends, on, to wit, on the 23d day of May, A. D. 1896, and whereof one N. B. Broward was then and there master, within the navigable waters of the United States, and within the Southern district of Florida and the jurisdiction of this court, was then and there, by certain persons to the attorneys of the said United States unknown, furnished, fitted out, and armed, being loaded with supplies and arms and munitions of war, and it, the said steam vessel, Three Friends, being then and there furnished, fitted out, and armed with one certain gun or guns, the exact number to the said attorneys of the United States unknown, and with munitions of war thereof, with the intent then and there to be employed in the service of a certain people, to wit, certain people then engaged in armed resistance to the government of the king of Spain in the Island of Cuba, and with the intent to cruise and commit hostilities against the subjects, citizens, and property of the king of Spain in the said Island of Cuba, and who, on the said date and day last aforesaid, and being so furnished, fitted out, and armed as aforesaid, then and there aforesaid, from the navigable waters of the United States, to wit, from the St. Johns river, within the Southern district of Florida, and within the jurisdiction of this court aforesaid, proceeded upon a voyage to the Island of Cuba aforesaid, with the intent aforesaid, contrary to the form of the statute in such case made and provided. And that, by force and virtue of the acts of congress in such case made and provided, the said steamboat or steam vessel, her tackle, engines, machinery, apparel, and furniture, became and are forfeited to the use of the said United States.
'Sixth. And the said attorneys say that by reason of all and singular the premises aforesaid, and that by force of the statute in such case made and provided, the aforesaid and described steamboat or steam vessel, Three Friends, her tackle, machinery, apparel, and furniture, became and are forfeited to the use of the said United States.'
And concluded with a prayer for process and monition and the condemnation of the vessel as forfeited. Attachment and monition having issued as prayed, Napoleon B. Broward and Montcalm Broward, master and owners, intervened as claimants, applied for an appraisement of the vessel and her release on stipulation, and filed the following exceptions to the libel:
'(1) Section 5283, for an alleged violation of which the said vessel is sought to be forfeited, makes such forfeiture dependent upon the conviction of a person for doing the act or acts denounced in the first sentence of said section, and as a consequence of conviction of such person; whereas the allegations in said libel do not show what persons had been guilty of the acts therein denounced as unlawful.
'(2) The said libel does not show the Three Friends was fitted out and armed, attempted to be fitted out and armed, or procured to be fitted out and armed, in violation of said section.
'(3) The said libel does not show the said vessel was so fitted out and armed, or so attempted to be fitted out and armed, or so procured to be fitted out and armed or furnished, with the intent that said vessel should be employed in the service of a foreign prince or state or of a colony, district, or people with whom the United States are at peace.
'(4) The said libel does not show by whom said vessel was so fitted out.
'(5) Said libel does not show in the service of what foreign prince or state or colony or district or body politic the said vessel was so fitted out.
'(6) The said libel does not show that said vessel was so armed or fitted out or furnished with the intent that such vessel should be employed in the service of any body politic recognized by or known to the United States as a body politic.'
The vessel was appraised at $4,000, and a bond on stipulation given for $10,000, upon which she was directed to be released. The cause came on to be heard upon the exceptions to the libel, and on January 18th the following decree was entered (78 Fed. 175):
'This cause coming on to be heard upon exceptions to the libel, and having been fully heard and considered, it is ordered that said second, third, fifth, and sixth exceptions be sustained, and that the libelant have permission to amend said libel; and, in event said libel is not so amended within ten days, the same stand dismissed, and the bond herein filed be canceled.'
From this decree the United States, on January 23d, prayed an appeal to the United States circuit court of appeals for the Fifth circuit, which was allowed and duly prosecuted.
The following errors were assigned:
'First. For that the court, over the objection of the libelants, allowed the said steam vessel, Three Friends, to be released from custody upon the giving of bond.
'Second. For that the court erred in sustaining the 2d, 3d, 5th, and 6th exceptions of the claimants to the libel of information of the libelants.
'Third. For that the court erred in entering a decree dismissing the libel of information herein.'
On February 1st application was made to this court for a writ of certiorari to bring up the cause from said circuit court of appeals, and, having been granted and sent down, the record was returned accordingly.
Atty. Gen. Harmon and Asst. Atty. Gen. Whitney, for the United states.
[Argument of Counsel from pages 5-12 intentionally omitted]
W. Hallett Phillips and
[Argument of Counsel from pages 12-40 intentionally omitted] A. W. Cockrell, for respondents.
[Argument of Counsel from pages 40-49 intentionally omitted]
Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the oponion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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