The New York herald., 1863-12-02
Prixc Oases.
UNITED STATES cOURv.

DAaA0Es-nI.BoAL eanzvRE or rRofgsrS.
Nov. 2v.-re Uwsted Sases Ge Bayk Hmpres and
Cargo -Nnsos. O. J-fhe question presented 10 this
rs. whether Or not che Court award damages
aud costs against tho caplors decree OF an Illegal
se,zuro OF the psepertv and restoration Of II 70 the
claimants la Of the capsuro Of propery as prize OF
by national vosse And which sent tne port ioS
adjudication. tho question: egcusvey between the gov
ernmcol aud the claimants owners. The captors
have no saerest IN tho res t condemnalion aud then
ouly such interst thor government may SEQ a. 10
award them Tor the eefvicee rendered portion oil the
ze % aSy an. ~ s0i Sp rs Scy sS
vigilance Ia tho execution OF tbeir duty The eeiz-
are Of the vessel Of cargo. whether as eneny's
property, Cor breach Of blockade, or as contra
band the act OF the government by her public armod
vessels aud for which is responsible, unauthorized
Is the custody Of the captors til brought nto port for
adudcation and then 10 the custody OF the Court unt
finally hea.S ana asSsSa % o. But du,as a ssis s
shown 10 discharge the property from seizure, aud
deliver up 10 the owner claimant The proceedings
in It's name, by authorized legal public functionary.
who conducts them 10 Conformity with tho practice and
subject tho orders OF hs aud are carried
on at lis expense Tho naval captnrs are not Known 10
the litigation thcy are neither parties TO the record nor
responsible for the result HeQce II would seem 70 DC
plain proposition that hoy can Be Ia no way concerned In
the damages or costs that may follow decision adverse
10 the government Indeed ag thoy arc not parties TO
tho record the Przc Court have Jurisdiction over
them 10 impose damages costs for any other purpose
raj rSe is tSst shs Of congress has
altered aud maie the captors partie and. therefore
liable In personal suit between them and the owners
There are three acs OF Congress 10 whch We may reer
Is countenancng this position Tho first Is tho act OF
March 25 1862 the third section OF which provides that
the counsel for the capors shall bo entitled 10 receive
just and suitable compensation for his services In prizc
Tho second tho act OF July H. 1862 the twelfth
sectioa OF which provides that tho Secretary OF he Navy
tors do not employ counsel themselves in any case 10
which he may consider i necessary 10 assist the District
auA fhnr xutln
such compensation as he may deem reasonable. Tho
third is the act Of March 3, 1865 the our!s secton
OF which modiAes the act OF March Is, 1862,
so that compensation shall be allowed TO coun.
eel for the capors only whero the intarest OF
proper tho opinion OF tho Court TO be represented by
other counsel than the District Attorney aud the same
section repeas the provision OF tho act OF July IT, 1862
which authorized the Secretary OF the Navy to employ
counsel for the captors. These believe, the only
acts bearing on the question beore u.s. and. whatever
else may be their purpose and intent we are satisfied
tt they not Designed Intended tho cap.
tors personal parties TO tho prize suit, to take the
Attorney the authorized legal of the gov.
ernment II s true that prize will be found in the
books where damages and costs have been awarded by
courts against the captors but they where the
seizure has been under commission Of letters OF marque
and rersa and where the cap,ors solely Interested
in the litigation and were the only ties to tue prize
suit. Our opinion Is that we have jurisdiction 10
award damages and costs in this
THE CASE OF THE PIoNEER--TaE VESSEL AND CAR.
GO FINALLY CONDEMNED ft
The Bari Pioneer and Cargo ps. The United StdtesNe.
SON. c. J-lhs case comes up on further proofs on the
part OF the claimant, Dc voss Of the OF tho
vessel and cargo. The ilrm OF De voss Hannwinkle
resdents and engaged in business at Richmond Vir
gnia the date OF the proclamation the President
years The Pioneer, with cargo of tobacco and aouf,
belonging TO this firm eaied from City Point the fore part
Of December $780, for Lverpoo wherc after dschargng
her cargo, she took IN return cargo OF salt for Rich
mond aud sailed Cor that port from Liverpool the nth
April, 1861 She reached The oil Hampton Roads
the 10th May following, and met by pilot with
otter from The advising tho captain Of tho proca
naiion and blockade OF that port and instruotpg him
to attempt TO enter but change the port
OF Fatmcre. While IN the act ol obeyng these instrnc.
tons the vessel was discovered by Of the blockadug
s4uadron was seized as prize or war and sent TO this
port for adjudication Tho court below condemned this
vessel and cargo, not for breaking tho blockade,
but as cnemy's property On an appeal to this court
the OF the Hawaha aud that class OF decided
in the Supreme Court OF the United states The now
The United States District Attorney is that do voss one
Of tho partners at the time OF the breaking OF
this war aud at the timo Of the capture, resident con-
sn at Rchond OF the kingdom Of Austria, recognized
by this goverpnenf Upon this tact, IN connection
with the case as beore presented, s now insisted by
the learned counsel for the claimant that the interest OF
the partner DE Vss ia not 10 be regarded eneys
pery nasmuch rs, having Intercepted tue vessel and
cargo and taken immediately T. send them
loyal por, aud thus prevented the property from enter.
ing port Oh tho enemy he had done everything In his
enemy country, which ho had rish. within the
rules OF international i.w and Lt while the act Of
bound follow IL, as his duty consul, and his
right, under a treaty between the United States and
Austria, uslhed and satisfactorily explained his
nued residence at Richmond in the enemys country.
ia admitted that foreign consul carrying trade
ercbant in the enemy country his consular residence
and will not protect that trade from interrupt
tion by seizure apd condemnation enemys property
that his consular character be ia TO DO
considered In all commercial TRANSACTIONS on the
footing any other resident merchsnt The fact,
therefore, that De Voss resident consul, cannot
confer upon him any privileges, so far as concerns his
commercial Transactions, over those OF any other NOR
chant resident In The enemys country He stands on the
footing his partner Nr. Hanniwinkle. His pro-
perty, engaged trade which Is carried the
my country, nds no exemption, according 70 the in
ternatorai code, from the laws OF agree, II, in
addition 10 bis consular character had been shown
solved his partnership, and pat An end to lis
business as merchant continuing his resi-.
dence solely @ consul, there would be great force
in the position that his interest la this ship
entering the enernys port, with to send it 10
loya one, should not lie regarded enemy property
The would have presented strong analogy TO that
of the resident merchant Ia the country after
the commencement OF the war, breaking up his business
with al reasonable diligence, collecting his effects and
Withdrawing with them from the country. His consular
character would have explained tie for not leaving
the country mself But this for sught that ap
show IT, being material tact his c,se-he has con.
timed his partnership business thu same after before
the We cannot from the single that no divert
cd the property IN question from the enemy's country,
and especially from blockaied port, where Il was liable
capture and sent II loyal one, infer that this
followed up by putting IN end 20 his business a5
merchant nj Richmond and, II not mast regard him
any other merchant engaged trade Ia the enemy
country.
pccree below affirmed.
Important 20 EAST India Importers.
GJNNY CLOTH TO PAY LOWER Duty.