Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-07-30


conformation All that he had to deter and
a that he did determine so FAR know, that TIER
was probable and beng ia this il cannot
be said that made any mst Ike whatever IL does net
seem consouao TO natural justice that he should be made
the victim OF The mistakes 1T others II the claimants
agent had been equally removed from any participation IN
them"
But while rendering this decision as jurist
called to pronounce judgment on the only ques-
ton lesitimatey before him, Judge SpTague did
not assume to say that this was case which might
not call for reparation within the wider jurisdiction
Of the National Government, and under the broader
obligations it is called to meet in adjusting such
claims He rather indicated contrary opinion by
holding as follows:
1t has been contended in behalf Of the claimants that
this vessel invited to New Orleans BY proclamation Of
the President that she had right rely implicitly upon
the correctness Of documents furnished sanctioned by
custom house Office that in doing i.nt can he
imputed to her by any OF The United States huthorties
that while pursung lawful voyage she arrested by
officer Of the United States and th It Government
is bound to indemnify her for the injury thus sustained
and it 10 further insisted that if the Government br liable
the capt is liable Now it may b. that the Govern
Of the United States ought to indemnify these claim
ants am by means disposed to cay that it should not
Bat If it ought to do it does not follow that the ~
or liable the claimants The obligations of the Co.
aud The liability Of the capor are distinct ques
tions and it is the latter that called upon to
decide"
1t will be remembered by the reader that some
correspondence has arisen between our Govern
ment and that of Great Britain in regard to the
tenability Of the decision rendered by Judge Mar
vim at Key West in The case Of the Will-o' the
Wisp. This schooner, bling British property,
sailed from Halifax in April, 1862, for Matamo-
ras, with an assorted cargo, part of which con-
sistrd of gunpowder and percussion caps The
lsrg n part Of the cargo for Mexican account,
but while discharging it into lighters, she was
blown off Shore and, in endeavoring to return,
was boarded by one of our blockading fl set, and,
upon the discovery of the powder and caps, she
was sent into Key West for adj Indication Judge
Marvin released the vessel on the ground that
she appeared to be trading with neutral port, so
that the presence of certain munitions Of war in
her cargo was no ground for condemnation, as in
. trade with neutrals there is no such thiog as
contraband of war.
1t seems, however, that the powder carried by
the schooner concesled in casks and bags
marked Goldfish" which would plainly facilitate
its clandestine introduction into Texas and this
fact the Judge held to be, under the circum-
stances, reasonable ground of suspicion, excusing
the capture and cutting off the claim for damages
and costs, as demanded by the owners, who in
sisted it would SEEM that the powder had been pur
chased by the Mexican Government The owners
omitted to carry the case up from the District
Court, but laid it at once before Earl RUSSELL who
addressed a demand for indemnity on their behalf
to our Government, which was refused by the
Secretary of State for assigned in the
mary of the correspondence which we published in
the Inteliigencer of Wednesday last.
The Boston Daily Advertiser, after reciting the
foregoing facts in the case of the Willo the Wisp
refers to the recent decision Of Judge Sprague in
the following terms
We present this morning in court calendar another
and more recent case in respects similar to that
above notlcsd where much fairer appeal for generous
dealing can be made. IL the of the La Maache'
where Judge Sprsgue has refused damages for the cap
ure Of vessel by mistake, although the ground of the
capture bunder made by the customs oic rs If
the United States ard fault to be attributed the
owners or master of the vessel detained This decision
made with reference TO the strict legal bearings If the
case far more severe than that Of Judge Marvin in the
case OF The Wio Wisp. and certainly pre- sents
s"nsbe case for generous consideration If the matbr il
presented IN diplomatic correspondence IL will be
that the learned judge himself nlimat-s that something
may be properly expected Of tho Government in ths
although ho hns. unable grant the relief which the
1wrs deserve. The djspost made Of this case it
does IN TACT become the subject Of negotiation will be OBJ
served with Interests and II it retains, upon farther
animation, the aspect which 1t bears We anti
CT ate that the English critics Of Government may
learn that when fair claim for generous treatment is
presented when he who asks equity does equity the u
ted States IN spite OF all assertions to the contrary will