The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-07-04
The Vera Cru. Prize steamers.
SVV8AHkCKDs
DECISION OF THE UNITED STATES DISTRICT COuI
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From the New Orleans Pcayune, June 27l
We gave up large space in paper Yesterday 70 the
District Court for the Secase Of Inc Mirsmon and Mar
ques &c Ia Habana captured by the American squadron
of Vera Cruz, and iibeiied as prizes Is matter q
curailed. But It's great length may make desirable 70
many Of readers 10 have the points Of the decision
briefly stated.
The opinion recapulatss with great mlnuteness and
cesrness the nature Of the claim and the evidence By
which it sustained
The facts in evidence make some material changes in
the aspect OF the from what has been popularity re-
ceved The conclus ion Of the Judge from e testimony
at the United States expedition which approaching
the position she occupied at Anton Lizardo andbhat In
Sy the anp oi
ed capture under the belief that tse two steamers
attacked by vessels sent against them by the Juarcy
government from Vera Cruz It is also shown that the
Mramon did show Spanish colors during the attack and
that the attacking force DID not hoist any The Mamoe
but not deliverable until the terms Of purchase
complied with This had not been done and she had not
property for the restoration Of which suit has been
brought the District Court here The Judge notes that
mile and half Of the main land and therefore clearly
within the maritime jurisdiction OF Mexico and entitled
TO all the rights due to them from neutral nations Inc
United States were neutrsls In the Mexican war,
having, indeed recognized the Juarcz govern
ment; but the opposing government bad been
IRE, and the United States we're bound in good
faith TO d. having the semblance Of inter crng in
1aNor OIL one OF etbcf ci parties the
government and wsgng civil war for the ascendancy
The Judge argues that the grounds Of suspicion against
the vessel for not showing their Gags in reply 10 gun
from the Caste Of San Juan de Jua insufficient for
the action Of the American mmander, because IL was
the act Of party towards Its public enemy and
be construed into insult ncutras the harbor He
argues, too, from the testimony that the
perfectly well what vessels these were, and had been on
the lookout for them
The proclamation Of the Juarez government, declaring
them pirates Judge McCaeb dhmisses from
justification OF the attack. The declaration OF one
beiserent against another the sders OF the other
would not make the latter pirates, and expose them to DO
captured by neutrals
He further objects that II the Juarcz decree made
the duty Of officers 10 ascertain the true character OF
these vessels the manner OF performing that duty
imprudept and irregular, and was nc Of the
fict The proper way 70 approach them would have
been to in open day. with Tags display ed and make the
inquiry IN the form usual among public vessels Capt Tur-
the Court AYERS, chose the night time displayed
flag, approached the vessels Ia 70 give them
to believe that hey to be assaulted by
from the city. and thus became responsible for
havpg unnecessarily produced the collision which fol-
loved.
His Judgment Is that the capture Illegal, and that
the ships with their tackle apparel and furniture shall
be rstorcd but without The cair for indemnity,
wach would include all considerations OF costs and
damages has been Withdrawn from the Courts ard win
probably before Congress, unless To- should be made
t subject 81 official reclamation ~ the govern mcnt and
b~come mn International affair.