The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-23
United States Circuit Court.
UIUTV IIO1I. JUUpV NVIoOH.
DECISION IN ADMIRALTY.

DECISION IN ADMIRALTY.
SEPT 81 -Bnneyfeld rs Boyd and others-The libel
filed in this by Buericd, of the Of the
Mexican steamer Iturbide, against the respondents,
OF the ship Mercury, TO recover damages coca
stoned by a collision between the vessels the 9th
OF November 1854 after both vessels had passed outside
Sandy Hook The ship had been towed to sea- and the
hands were engaged in taking in the hawser which had
been cast off by the tug short time before the accident
occurred The steamer had passed the ship she
going through the Gedney channel and after hove
to for the purpose of sending the pilot and passen
gers board the tug which about to return the
city AT the time the hawser cast of the steamer
standing some quarter or half mile to wndward,
northwest, pretty fresh breeze, the about food
setting in in direction nearly opposite to the wind The
steamer was heading northeast and the ship about east
east by south. The steamer had down the bay
with steam and canvass topsas and topgalant Sails lib
and flying lib; when she hoveto her b and flying iib
lowered her fore and main topgaant sails Set
the head sails laid aback The ship had only her top
main saysal set, and under other sail The
sells together nearly broadsje, the starboard side
OF the against the board side OF the ship Within
ten or fifteen minutes after the hove to- and the
other commenced taking in the hawser they dred togeh
and the serious dispute in the case is which party in
fault in permitting his vessel to drift against the other
-Four witnesses including the master mate the PHO, and
passenger board the steamer, have been examined
for the hbelant, and all that the ship drfted
against the steamer Five Witnesses board the Ship
including the master rst and third mates the pilot and
hand on board examined, and all that the
steamer drted against the ship. The Court below dis
missed the libel and II is difficult to upon this conflict
other conclusion unless there is something else in the
charging fault upon the defendants vessel The
arguments Of COUNSEL concludes eve feel bound say
that the management OF the steamer in the position in
which she lay was not such as to recommend her to any
favorable consideration She had her steam an. and
sails set and yet does not appear that she used any
effort by her officers to avoid the collision 1t is
agreed that the vessels were apart from each other from
quarter to half mile before they began to drift and it
is difficult to resist the conclusion that there had been
proper attention to duty under the circumstances the
IF shaA
avoided the collision accdent but at least she should
the effort We satisfied the decree Of the
Court below IS right, and should be affirmed
THE SLAVE TRADE.
SEIr 22-Thc United States sThe Brig Henry The
libel filed in this by the Government the brig
Henry upon charge of having been fitted out in this port
for the purpose Of engaging in the slave trade praying
forfeiture and condemnation of the vessel The Court
below dismissed the libel, but granted certificate Of
reasonable to the Collector person making the
seizure The claimants appealed from the order granting
the certificate The principal objection raised that
seizure took place by the Collector or any officer Of the
Custom, and hence the in which the Court
had jurisdiction authority to grant the order
the act Of Congress It appeared from the record that
actual seizure omitted. at the request of
counsel for the claimant, and that the acting Dis
tret Attorney agreed to take the stipulation Of the
counsel that seizure had been made. and waived
the formality Of to expense and delay II
insisted that the stipulation designed to fur
nish evidence OF the seizure far the fact
ta to maintain the suit for condemnation, but not to be
used ground for the granting Of order for
able Of seizure Judge Nelson the appeal held
that the act OF Congress referred TO- made the SEIZURE
material fact to the maintenance Of the suit and provided
for certificate OF reasonable cause, in Of Judgment
for the claimant in which event the claimant is denied
costs, and the person making the SEIZURE exempt from
suit for the The Judge of the opinion that the
mode adopted in proceeding in this is not such
should be entitled any very favorable consideration
Public officers had better follow out the requirements Of
the law and all the responsibilities belonging to
their Very great abuses might arise from the insti
uten Of these penal suits behalf Of the government by
stipulation compromise He, however held from the
facts OF the that the decree Of the Court below should
be affirmed