Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-04-23
THE PRIZE STEAMER pETERHoFF


This case, which has create, go much excitement in
England, up Tuesday before Judge B4rrs in tho
United States District Court for the southern strict of
New York,
Mr. Smith, of the firm Of Martin & Smith, appeared for
ship and cargo, and Mr. Lorenzo Sherwood for Messrs
Redgae aud Allen. part of the cargo Mr. Sher-
wood stated that he would put in the
Wednesday morning
The DISTRICT ATTORNEY said that soon the an
swer was filed he should press this for trial the
earliest possible moment convenient for counsel. Ho
however desired to make preliminary motion IN the case
Ga board the Peteho there had been found apparently
genuine mail made up in London for Matamoras. He
hought that if he solved he could have abandoned
the case stating that there why this
shoul be adopted Ii he had this power he certainly had
the right to file his consent in court that this mail should
be surrendered TO the British Consul to be forwarded to
this: First, the want of evidence relative to this mail
Secondly by virtue of authority from the President Of
the United States.
The District Attorney 10 support of his notion read an
affidavit in which he says that he las carefully examined
all the ships papers and evidence taken prepGratO and
has inspected the British mail packages found board
the vessel he lher says that said mail appears 70 DO
booa file authenticated and sealed Government mail of
Great Btnin found ION board commercial vessel, appa-
reDy navigating between London 10 England and Mata-
moras in Mex CO. lie also says that the evidence furnishes
no proof that said mail false spurious and the depo
nen attorney Of the United States and of the captOrs
under his general authority District Attorney and
der h0rty tDdL
said mail be given up to be sent to its destination
Judge Belts decided to hear the counsel for the naval
capors before rendering any decision in the matter
Mr. UPTON counsel for the capors insisted his right
to appear for his clients in all where there would
pear to be ctug interest This right had been guar
antrd TO him by the last act OF Congress- In pursuance
of his duty he respectfully opposed the notion and insisted
upon the right that all papers and articles found board
should be presented to the court He stated that the mail
had not been opened and when it was opened it would
afford facts eectuay proving the character Of the vessel
had tai vvhiI tn a MI
within few miles of the enemy's country. COntraband
had been the cargo and contaband the character Of
the and in sc of these circumstances they ought
not to be compelled surrender this very suspicious mail
The District Attorney might decline to bring into
court it true, but when the was in court he
bound to prosecute it, He could not say will surrender
this that piece of evidence He must let the be
heard on all the evidence.
Judge Belts sad that thu was very delicate
well as important one. 1t that the court would
carefully have to look inoa matter involving the inter
ests of the two Governments.
The DsTRIcT ATTORNEY said that if an order was en-
tered directing the mail be opened prosecuting Off
he must retire from the and leave the respons
bi'ity with the counsel of the captors.
Mr. UITON said that if The District Attorney declared
that he acting under the direct orders of the President
of the United States he would have nohing say
But il he acting under the orders of one of the
heads of the Departments he Mr Upton) must continue
his under the ho of the head of another De-
partment
The DISTRICT ATTORNEY contended that as the repre-
sentative of the Executive of the United States he had the
o COME tnB court dG umo Oh
he thought f. He denied the right Of the capos
who held commission from the President, to come into
court and hwart the public policy of the Government He
denied that the existed to open mail made in the
post Office of friendly nation, and bearing its face
marks at genuinenesJ.
Mr. UrroN Claimed that the right Of The capors to APP
pear aud defend their interests when in conflict with
the Government had been guaranteed to them by the act
of Congress- The right to enter and capture all vessels
and make search Of all things found board be-
gerent right nowhere disputed
Judge BFTTS stated that ad bean
lave Ia the opinions of the Heads of Departments in this
While he had great respect for such opinions, he
should view the matter strictly legal light and render
such a decision as the law Of the required.
Judge Belts then took the papers and reserved his de-
cson which, learn from the following telegraphc
despatch given yesterday sustaining the motion Of
the District Attorney:
New YORK, APRIL 22.-The mail Of the Psterhof has
been delivered to the British Consul-udge Belts ruling
that the District Attorney master OF the public
prosecutor and he refused to allow the mails to be
ned and asked that they be delivered entitled
thereto