The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-03-10
From, the National Lntelk;eencer.
Case fthe Schooner
NOE

This interesting cause was argued last week in the
supreme Court OF the United States, now in session.
~ WI. LAS, Attorney of the United States for
the district of Pennsylvania, and Mr.. PINxNrv
Attorney General of the United States. upon one
sMe' and by MIR. HARE of Philadelphia, and Mr..
iAkPER oi baltimore, upon the other. The case
was ths-on eie oath OF August last, Johu Nc Fa-
don and UiIian1 Gyeethan,, of the state of Mary
land hed their libel in the district court of the T.
nIted States, for the district of PennsyIyania
the Sciooew Exchange, setting forth that they we're
h . Sole owners, on the eth October 1909, when
she sailed from Baltimore, bound to St Sebastians
IN SPAN That while lawfully and peaceabIy purs,,
Ing her voyage, she on the 30th of December
1910, Violently and forcbly taken by certain persons
acting under the DEGREES and orders of NAPobE,
on EMPEROR ct fhe French, out of the CUSTODY M
the libean,s and their captain and agent. and was
disposed OF by those persons, or sonIe of them in
vclaaon OF the rights Of the Ibellants and of the
Jaws 81 nations IN that behalf chat she had been
brought into the port of Philadelphia and was Then
in the Jurisdiction of that court, in possession of a
certain Henfs W. Begor, her reputcd captain or
master. mat no sentence or decree of condcmna-
tioh """ been pronounced against her, By any court
o. competent Ja'sdictoni but that the property of
the hDeahts in her remained unchanged aud in full
force. lhey therefore prayed the usual process of
The court to attach the vessel and that she might be
restored tn them.
on this libel the usual process was issued retir-
hapie on the 3Oh OF August 1911, which was exccu-
ted X rctained accordingly; bnt no person appeared
10 claim the vessel in opposition to the libeliaDs
On the 9th Of Scpteaiber The usual proclamation was
made for all persons to appear and show cause why
the vessel should not be restored to lcr former
owners, but no perso" appeared.
On the 18th OF September, like proclamation was
male, but no appearance was entered.
On the goth September, Mr.. Dallas, tie attor-
ney oil the United States, for the district of Penn
syrania, appeared, aud Cat the instance of tke Ex-
ecutive department Of tie government of the Uni
ted States, isundcrstood filed sggesfien to the
following effect
Protesting tl,at,e doesno know and does not admit
tie truth Of the allegations contained in the libel he
suggests and gives the to understand and be in
iorg.ed--
That in as much there exists between the Uni
ted States Of America aud Napoleon, Enperor of
France and King of Italy, sc sc. n state, of peace
a"d sn;ty e public vessels ri his said Inpsrial *
Royal Majesty, conforming to the laws of the said
United states, mar freely enter the ports aud har-
bor5 OF the said United States, and Vt pleasure depart
theIcfron without seizure arrest, detention or no
issta'I1n. That certain public vessel described &
known rs the BNi0ou, or vessel, No. s, beioagin,
TO bs sail Imperial and ROYAL Majesty and actually
employed in his ser'icc under the command Of the
o'eHy Be3o7 upon voyage from Europe to the In
dcs having encountered great stress of weather IN.
on the high seas, compelled TO enter the port OF
Philadelphia, for rcfreshment and rspairs abtut the
e2l Of July 1911. That having entered the said
port from necessity aud not voluntarily having pro-
erred the requisite refreshments and repairs and
hiring copformcd in I'll things 10 the law ofnatiors
ani tue laws Of the United States, was about TO dc.
part from the said port Of Philadelphia, End To re-
SINE her voyace in Che service Of his said Imperial
aud Royal Majesty, when on the 9Th Of August
1911, she ssize arrested and detained in pursu.
Of Tie proceos of attachment fs,icd uDon tl,,.
prayer OF the lieants. That the snid public vessels
had not, ~ any time hccn violently and forciby Ia.
kan or captured from the lbcIIants their captain
an agent or the high prize Of war; or other
wise bat that If tie said public vessel belonging 10
lis said Imperial aad Royal Majesty IS aforesaid G.
YER was vessel navigating upder ihc fee OF tho
<. stcs, ead possessed BIZ ~ A4slss,.ts e,stlry,