New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-07-03
THE PRIZE STEAMERS.
JUDGE McCALEB'S OPINION.
From The n. o. Pioayane

From Ihe NJ u. PtodyuEs
We nave up large space in paper of yesterday TO
the opinion in full Of Judge ncCaleb, in the United
States District Court for the release OF tho Mranon
and ARGUES lie Ia Habana captired by the American
squadron of Vera Cruz and hbeled prizes. 1t Is a
matter Of great pnLic interest for record, that could
not well he curi:,d But It's great lsogtn may make
il desiIabe TO many Of aders to have tue points
Of the decision briefly stated.
The opinion itcapiuaies with great minuteness and
ceaIpess the nature of the claim and the evidence by
which H. was sustained.
The facts in evidence make some material changes IN
the aspect Of the Gaze fom what has been popularity
receive The conclus Of the Jucge from the tsst
poy is that the Marques de Ia Hab fired no shots
whatever at the Uni ed states Expedition which was
approaching the position she occupied at Anton iiztI-
do aud that in fact her guns dsmouned and unit
Tor use. The Mira non by the sane evidence, Ia shown
have resisted capture under the belief that the two
steamers attacked by yessls sent agtns them by
the Juar.z Government from Vera Cruz IL is also
sh, n that the Miramop did show Spansh colors dur
ing the attack, and that the attacking force did noc
hort any. The nramon Designed for the service
Of the Miranop Government, but vas not deliverable
until the Tern Of purchase compiled with. This
had not been dor and che hid not been delivered and
was conse qLenty, phi. ate Spanish property for the
rsOration Of hch suit has been troughti the DIS
lrct Court hire. Tie Judge notes that, shen attacked
these tsels al anchor within mile and hall
OF the main laI ard therefore clearly wth- the mar
time Jurisdiction Of Mexico, aud entitled 10 all the
rights due 10 them from Ieutrsl rations The United
d.. a. Teool niz the Juarez Gov meDt bat IN, op'
posii Gov, rnmept ba been ognized by the other
Or, a. maritime powerI, aud the United states We're
bound il 90 faith do act having the 81 nblinee
Of interfering in favor of the of The pa ties
c'aimiI g the government, and @agng civl war for
the asceDdancy.
TIE Judge argues that the grounds of suspicion
sgans the vessel for not showing their ags 10 reply
to gun from the Castle Of San Juan d. Uloa, Were
Insufficient for TIE action Of the American comDarder,
because the action of on party toward ts pub &c
eDeu y and cannot be construed into an lnsnt TO Leu
ias in the Larbor. He argues too frou the testimony,
That the americans knew p, r;ecily well what vess 's
these were, and Rad teeu on TIE 10 kout for them
The proclau alton of the Jusrez Government daelarng
them pirates Judge McCab dsmisses fron consljera-
ton az notification Of the attack. The declaration
of one belperen against another or the aders OF the
other would not make the latter piTates and expose
them TO be captured by neutrals.
lie further OIL IT, that if the Juarez decree made II
the duty of orr officers TO asce rta The true character
of there essels the of performing that duty
was iulrudcn ard irregular, wac the cause OF the
conflict. The proper way to approach tnem would
have been 90 in open day, with igs displayed, ana
make the inquiry in the form usual amo"g puolic Yes
SELF. Capt. Turner, the Court AYERS, chose the
e. displayed 6ag approached the vessels in
nsnher 10 give them cause 10 believe that they were
to be srssn ty my ou tue city, and thus be-
came spopsibe for having unnecessarily produce the
collision which followed.
His udgu ent il that the capture was Illegal and
st The shs, with their tackle, apparel and furnurr,
rbal he r,soitd but Will costs. The cain for IN
dennily which would include all considerations Of csts
sne damages has been Withdrawn fOm the Courts,
and i'll probably go before Congress- unless Il should
lie mad. The subject of official reclamation to the Gov
eminent, and becon an international ALTAR.