Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-06-24

TO be endorsed per bail 20 the amount of 81 300,
600 double the supposed amount of the vessel
and cugo. The writ was served on Com. Murray,
ard for want of bail he was committed to Jail by
the Marshal. TINS proceeding is the ground of
the present action.
II is made by law the duty ofthe Collectors of
the Revenue to board, or cause TO be boarded,
all vessels arriving from foreign parts within the
limits ofthe United States or within four leagues
of the coast, if bound to the United States, for
the purposes specified in the law; and IT is the du-
~ OF the person on board to remain there until
the vessel shall arrive at the port or place of des-
tination.
Before the we, collision fthis sort could not
have happened. The authority of the collector
was complete and exclusive How far the exist
ence OF war authorised the commander of the
armed vessels of the United States to capture
merchant vessels, belonging to citizens, which
nad arrived within the waters and jurisdiction of
the United States, for supposed violation of the
non-lmPortation act, is question on which the
oplnon OF the court is required.
Inc only question of difficulty IS, whether the
boarding by the officer Of the gun-boat, in the
manner pursued, amounts to capture rs prize of
Wsr--eXclusive ofthe boarding by the Revenue
officer, who demanded and obtained the ships
papers; No authorities having been cited on Ell
TIER side-we must decide the case as it is now
before us.
There is no legal restraint on the officers of the
navy to prevent them from boarding a merchant
vessel Belonging to a citizen in the waters the
u States, boarding for the purpose Of exam;ns-
ton IS legal act. Under the circumstance s
which have been stated, the court is of opinion
uhat atter the Superior was boarded by the COM
mander or the Revenue Cutter, who obtainad pos
session ofthe ships papers, he was in const rue
Ton OF law m possession of the vessel, and that
sne ought to have been delivered up by the off
Ger OF tne hotllla: and that the carving. her out
OF the district by force was wrongful on the part
OF that officer, acting under the authority. as he
conceived of Com. Murray
4 has heen contended on the part OF the plain
TN, and authorities have eenproduced to prove
that IN time Of war, I'll trading with the enemy
is unlawful, and that the goods of an allv or even
OF a citizen found trading with an enemy are
lawful prizes of war, and confiscable as such
There can be no doubt that the law is so. If the
superior had been captured on the high seas
SfaollS5 with the enemy, or in violation of the
laws OF the United States, the vessel and cargo
without doubt would have been prize of war
Sucll' conceive, was the case of the sales, con-
demned by the decision of the United States-I
do not reeollect particularly the facts in that
case, put have no doubt she was captured on
the nigh seas-because che was CAPTURED by
private armed vessel whose right TO capture is
conhned to the high seas. The case ofthe Nelly
referred to N the opinion, was a capture on the
hlSh seas. The reference in the opinion to the
Olli, SECTIONS OF the .Inne
e, 1872, seems to imply capture at sea
me words Of the 9Th section are, And in the
case ofan captured vessels, goods and effects.
which shall be brought within The jurisdiction of
the o. States, the district courts of the United
states shall have exclusive original cognizancc
tlereoi' as IN cVil causes Of admiralty and mari
tine Jurisdiction &c.''
In the case of the sales it was commended tba+
the Attorney General on the part oftAe United
states, that as soon she had on board her cargo
with intent that the same should be landed in
the United States, they became forfeited, and
thatthe forfeiture was completely & Immediately
attached, but the court was of a different op;n-
on, and that she was lawful prize there was
no impressive claim in that case on the part of
the Revenue officer.
Seizures OF vessels within the waters Of the U.
States, for violation OF the non-nt ercourse act,
are considered as property belonging to the reve-
nue. officers. This appears by the instructions
OF the executive department., to have been the
oPihon OF the government aAd altho' the in
sNuctlons were not received in time by Commo-
oofe Murray to prevent this contest, vet this
clearly shews the construction put upon the law
by the navy department
After seizure by the Collector, the vessel and
cargo are considere1 to be at his rsaue, and in
case OF loss by the neglect ~ ON on oftbe Col
lector, ne IS respons BILE to the owner Hence
the Court IS of opinion that, admitting the facts
@s'-r-~-1 1i-SlC w do pIODaOlC cause IOr
the SUIT which was the ground of this action
1t would be rigorous in the extreme to saw
that there was not probable cause for the
original SUIT when the attorney for the Dis
tr-ct, whom the Collector was bound to consult
| ADVISED and directed the measure Andi if it be
admitted that the District Attorney was mista-
ken, 1t cannot alter the ca as prospects. proba
bic cause, because if the case was of so doubtful
nature rs that eminent counsel was mistaken,
IT affords a strong presumption that there was
! probable cause
The Court are therefore of opinion that there
was probable Cause ofacton, and to the jury this
| case IS now submitted.
After such decided charge, the Jury returned
with yerd Ct in favour of the defendant, Colonel
McLane. The sound and manly charge Of the
court, tue prompt decision Of the jury, composed
o. as honest and intelligent men as ever were i'm
Panneled, firmly establish the vital principle
which Pervades all our political institutions
which declares that the military shall in all ca
ses, end at all times be strict in subordination to
the civil power. The sovereignty and the cha
! racter OF our little but independent state, have
been asserted and maintained by an upr ght and
enlightened tribunal. The conduct Of the Col
lector and the civil officers Of the government
justified and approved by court and Jury Of Their
country, after full and impartial trial and the
mild reign Of the laws restored, and indicated
! against The iron sway Of The sword and the bay
onet.
We give this hasty sketch to CRAFTY public Gu
riosity. We might have said more, had time per-