The New York herald., 1863-04-22
THE PETERHoFF CASE I'm COURT.
The United States Government Propose
20 Give UP the Malls 20 H. b. Ms
Consul, but the Captors will NOT Com
sent-The Proceedings Postponed.

sent-The Proceedings Postponed.
UNITED STATES DISTRICT COURT.
Before Hon. Judge Belts.
APRIL n. The United States us the British Steamer Peter
hc her Cargo &c. The United States District Attorney,
Mr. Deaeld Smith, appeared for the government in this
case, and proceeded 70 say
May It please the Court-Your Honor is aware that I
have already several days ago, applied for order in
Your Honor laid the application until this day
testimony IN pyeparaorio shows that the Peterho 10
commercial Of Great Britain navigating with regu
mora, in Essico. She 10 brought 70 this port as
By public ship Of the United states rhe search
and seizure upon the ground that the vessel contra
band Articles which may be deemed contraband Of
found In the ship A small part-a minute portion
Texas And there Is reason 70 suspect ia. her voyage
simulated that In other words the purpose and OBJ
s q =: venture % Ss e 81,
ans hs
usS
appear called for By the case shail Be developed
number Of Sc led packages put mp In the form pre-
scribed by the laws Of Great Britain relating masble
country whence they They addressed TO Aata
They authenticated In the most formal and
% s Ssv !.
simulated, or otherwise than genuine Indeed, the evi-
dcnce in the ample that all letters and papers
relating to this voyage have been produced, opened and
examined far the witnesses have any knowledge
the subject Tho mastcr three mates and two -passen
gers he latter agents of the entire cargo) testify that
so far as they know the papers produced are the only
papers bearing upon the enterprise. The question, then
Is shall open and violate this public mail in order TO
secure chance discover evidence against the vessen
have diligently examined all the authorities both Gle
entary treatses and adudged and confess that
find precedent 70 justify such proceeding Repre-
scnting the government, do, ask that my consent
may be entered upon the minutes Of the Court anc that
order may be granted 20 release this mail and put
It's way 70 Its original destination.
Mr.. Upton appeared on behalf Of the captors and op
posed the motion Of the District Attorney for the
der without examinahon OF the mail found on board the
captured He expressed regret that there should
be the appearance OF conflict between himself ana
the District Attorney but he had his duty perform
bis clients and that duty required him 10 insist upon
firm adherence In this 70 the established rule Il in
ternaonai law which authorized and required the deen
ton and examination Of everything found board
ral vessel captured by begercnt cruiser which might
have any weight IN the determination the question Of
prize prize to he adudcated in the of the
eaptors Mr. Upton said that he desired the pass
upon the question Of the surrender of tho mail the
,ion Of the District AUTO ney as one Of law purely,
wholly regardless Of any consideration Of public
public officer what position soever, and he believed
such TO be the desire Of the Navy apartment Of the
erpment Mr.. Upton first denied the OF the
position taken by the district Atorncythath he as domi
nus o had right & s,sr the initiation y TO- Of the proceed
interest, TO direct disconnuance of the proceedings
and surrender Of the capture Conceding that the law
cause, Il Is by logical scqutur that he has
right 10 abandon IT,. In the second place, Mr. Upton
men,s sake that the District Attorney OF his own
motion aud after the interests Of ihtorvcnofs had
tached, discontinue prize proceeding and abandon
itme capture 10 the claimants, by means fol-
lowed that he had the further right after announcing
his determination 70 proceed with the adjudication de-
should be admitted and what should De excluded,
what should be died tho registry Of the
Court and what shoud be abandoned or DESTROYED or
eur riuh
power 10 cnduct the trial OF prize cause 10 do
the ORDER and method and time for the INTRODUCTION
the evidence carried with IL such arbitrary power
that OF the utter destruction Of the evidence which
might be vitality essential upon the question at ssue
Mr Upton argued that prize cause bore analogy TO
Idnary admiralty proceeding, for tho forfeiture 70
the Of seized for the violation of
mancip law, and 10 which the district Attorney the
head OF department. might order q release, Lotwith-
standing that IN the event OF connscton the collector
naval ofcer and surveyor would be entitled one half
proceeds Of the seizure prize court he said does
sR hear aud dolei mine questions between a ~
aud party upon pcadings and lrsms. II high court
OF commission and Inquiry, organized pursuant 10
tho law Of nathns, 10 The eld that lhe rights
OF tho citizens OF sub ecis " a neutral La ION
may BIO projected by the beigrcnt power Is curt
established for the execution ol soen conf act when
each ndcpeoioat nation OF the world hrs entered ito
Nh every other, that In time n the vessels aud
caig captured by its crsers upon tie high seas shall
not be udcinucd as lawful prizes wout IunITv and
a dcaton by thi- high ubn NJ of tho coutry ~ tho
csptr Hence u Is th, !. hecon es the duty as IL
province OF the prize oourt Administering tie law OF
nat ms, examine all such evidelcc ~, BY that a has
been hold pro o. - he examined add tne 10
tnc {, c-tun the validity the tfc h y regard
l-s - di,tation OF di ecou by any ot,r any othar
branch tho government. Mr ptoa " cecdt 4 20
der ihe qlcspn uf The nroprety iawf.uess of
thc detention AID exsmi ol ,bc uo1tes os tue ia
0 the Pe,cihh i"s prot uan Abe Issuo 70
be hereafter heard aud drci I'd by tbe ,yart
tic argued that The iare alrcady ioH ti.L Jack
s.vs wefe burned add "a oNn ov,rih srJ if,tn
li.r vie hcr o'p'uie becatr im,uiE ne saat a
81 her ratHD vas nnque,It tithiy utrai.s, OF
wa that 'be o h,rpEyei gts, boo aini ttfuoso of
h-r ciSen OF ietas hlt ,es ,sis "a.
teAstiy uvlnd O tuft y the uiiss SIDE u u.r ,,r
river ii,i tbc cuist s,t whsi d nie,i NOD
g ro. ihe nstrke 'ef fitsfy ih6 nit,d satrs aud
vhei' " He = q s'd,i ~ g s'l nntfy --.h uu.t.
"a W de nstratir. ~ inycr t'e l,cstg o su ex-
ithiialiHI abe Cuuiests ol ihls b. - there - "a
l,unlstiu,s~ lead NJ. - IN fHss it.c ,s 10
he cucs>. that shc contents tbc Aa Ntli ils..as
ud siSc evilfsco tiie .iirw thsr.c..s a. lir adj
-shltrr r whhsi ihis vessel vas c.gsgld D. g'1tar
uir I'd tnsi ,hs pro- ne " .a eah.0r.t.up /
& fhs mh Vas NJ avn ~ t,f ctsaf. he
a. srgfe, g lafiuh.ss by ud eN ,..es
on 10 ah- -ris right and DIV rt A Use
~ 8 slar. ~ as ~ aaoiis, ctaln D. IN i. -
. "a .eri ~ ica duateiIfH. By abai gereDl 10 .se
1. - .iu lcea 1,nie 20 gue.itnso us right neecr.