New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-23
THE CASE OF THE BARK pANCHIrA.
MR.. McKEON TO MR.. CASS.
SOUTHERN DlsTRIcr or NV YORK,
u y Ii. !. - n

iyour letter, dated the 18th Inst containing copy
"a communication from Messrs. Beebe, Dean & Don
cue, respecting the seizure of the bark Panchita by
lBritish vessel of-wer, and requesting from me a
stenent of tie circumstances connected with such
shuIe.
Tie bark Parchita was, in the month OF October
1T, seized In this haTbor a charge of having been
fpsred for the purpose Of carrying slaves from the
asst of Africa IL violation Of the laws OF the United
atee. libel was filed by me, as District Attorney
tthe United States, the Sth day of October 1886
fanst the vessel and cargo. The vessel was claimed
Z Messrs Wenburg Weeks, Of this city. The cargo
sss claimed by j. s. Ahea who transacted business
n Ress, of the fra Of Figsnere Re-s & Co J; also
y j. NJ Feneira, and by A. c. De Musquits, who
aimed 10 be the charterer Of the vessel. The case
fas heard before Judge Bette who at the Dec amber
irm OF the DstIic, Court, dismissed the libel but
cred certificate that there was probable cause for
Do seizure. This certificate equivalent 70 de-
aIstion that the evidence did not amouot TO sufficient
br the condemnation of the vessel but that the seizure
fss made under such circumstances warranted sus-
licion end justified tho seizure.
The Grand Jury Of the District Court of the United
States Tor this District also ordered indictment
against Musqnits, Wenbarg & Weeks, and Naylor
sho captain Of The vessel for having prepared the vessel with
II the District Count three Of these pH eI red 'y yt
Mes's Mu'quta Wenburg Weeks and acquitted by petit
Aer the vessel released aud the parties acquitted
sS poss S Of 1 ~s a ssd ga az ' r.
This port IN ehHge Of on officer aud part ot Of the British
dsc that day. showed letter Surveyors
stances Ssye stated Im@c5aey in eo@psny with the Mar
shsl visited the ve ytg at the quarantine station below
bad directed deliver United author
ties The Marshal of the United Safes then took chMg of the
Don9hue complain of the conduct of myself and the Marshal
States place and to the Psncta to make
quiries When reached the vessel although had lost time,
Of the vessel had siesdy to the bark had aU interview with
Captain sadden and taken papers from him. As was not dis
that any evidences Of guilt existed they might be destroyed
directed that further communication should be had with the
except to allow party sick on board 10 be taken to the
Upon the investigation which place our courts
this city was i my opinion natural that the rsnehs should
against lett this por. the
character az naturally exposed hen to supervision According
empty casks q barrels OF nee Plapls hemlock 9ss and
boards All these could be used 0r innocent but they
the 18th May last she had % Casks OF flesh wate II of back
my purpose the evidence which the
was mace on the Goa;, Of A, Tae vessel having beea
copy which ncosed filed on the 9Th day Of Juy inst
From interview had with Lieut. Odevaine by whom the
Psnctta brought 10 ths port learn that the took
fuenta de Lenhs in Africa Iii point within territory eamed
but Ssey hG claim by Sa
of the British consulate 1t this 1T and for Lieut. odeyAne for
nosed To them beg leave to refer as the foundation OF the
Since the arrival Of the Panchta John Weeks of city,
American citizen claiming to be the sole of the
p. ii nt this city, asains Lieut. odeSsue and Arthur
the latter being surgeon in the British service who with
the the sn Of n hi. .oon o''''
motion was made to discharge the parties bail. This
motion denied without prejudice 10 motion TO mitigate the
amount on the value Of the property seized nc3se copies Of
decision Of Judge nsTsbag by whom denied The
Department win observe that the legality of the seizure of the
the Of the libel fled By have stated the lsc. be-
is& teen to BE- 5op sappSo the
point within the oomnions of foreign The on is
For it Is principle that our sdudcate directly
upon the nse but for ags'st the seizure alleged
The 6Is impression Of every American would naturally be
nies similarly made for violation Of United States
fhs Of the Psnehs the frat Of vessel seized ioI
you Of the Catherine in the second
s Of e f hs sas Soa On
sppesreo that the ism of August 1859 the British vessel
Cruising Of St Psus on The coast Of Africa, The Dolphin
Suspicious vessel Sosted American cOeTs had on boad AmeT
papers but she bad slaves Nevertheless he cucm
YOII for adjudication lbeed Dlstc; Court
der the san law the Pspei. Is Ho% belsd Tine case was
peal by the District Attorney Che Hon. F. Bu,leTl
e aee o s the The
distinguished counsel Mes. Cutting and oCopor who %,
that TIE jurisdiction this Court uuqueOnabe for that
PHs s ese Of the BSa also fsed to in the opinion
judge Thompson Of American vessel sent in by
In these cases every by able counsel to relieve
the vessels FROM forfeiture yet question was raised as TO e
the seizure When take into consideration the
judicial late Judge Thompson there be but
little doubt be would rot have allowed such an important qes'
ton Of jurisdiction f had forcel to escape his inves
The Supreme Court the United States have already
that Jurisdiction of Of seizures Of vessels
made within foreign territories for violation of our laws during
the past year the District Court of the United States Of this Dis
tct affirmed s jurisdiction, seizure made at PoTtau fhce
Hsyti for violation OF our neutrality laws; -. .oeir
vessel employed under circumstances FORGETTING her 70 me
United then her title is Ja0 forfeited TO the United
States by tie commission Of the otense and she may DC
taken anywhere aud brought TO the United States for sud
The violation Of the national sovereignty question TO
be settled between the sovereign whose uisdion has been
hngd upon AID the sssang refer you Tor I'M
United Ststes The Richmond Cfsnch lO2i The Merino
Wheaton, 3sl. ~
within which the seizure took psc she may nave csnss 70
plain England for Capt MOTesbys act aud the United
States may have reclamation over against foIss io no
tecDg the American flag but as between the United siae W
and the seized property the question Is not the pace o
seizure the character Of the ezne but only ~hef
the facts BE- construed AZ poyGg The ou a,' o'
Congress the penalty OF seizure against our vessels en-
poytd the svetIsde They provide for one moey OF
other to the party who prosecute the to
effect The lime and place Of seizure and the peson VINO hs
seize left undetermined but the tribunal designated US
The case now presented civil admiralty usiic-
ton This judicon extends TO eli tide waters and the se
night 10 seize anywhere He sezes for
the United States II the bark be condenned
entitled moiety the United States VIII be TO the
other II be- fail be condition other party.
and Liable spond in damages to the party SsSeVeo o MS
pesa Of The libel will distinctly advise you of the acts OF
Congress charged have violated TIE facts TO D. Proved
maintain the libel the vesse must be cpnuenneu ~ ,h
offence which soIs the vessel The libel psi9y AYERS me
place and the ohcia position OF Capt Moes II
the doubt he subject oil the eeSy o he
seizure be determined in court Upcl proper exception
and confident that Judicial decision OF such point wona
en than the potes; counsel IL that the e
ants IL this having DOT tny an opportunity 70 p