The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-03

severity having arisen from the deClsiOnl
OF our own courts, which the United
States had followed TO the letter. The
learned lawyer quoted. - an instance of the
impartislity Of our courts, the case Of the VIII
o'the- Wisp, which was found In the river Mata-
moros in the act Of disoharging oontraband
goods into lighter sent from tho Mexican side.
The vessels papers were all right, and the pre-
sumption was that the goods were for the neu-
trail side Of the Rio Grande, and not for Browns
VILE, Texas. on the opposite aide. But "the
captain prevaricated grossly, and that circum-
stance, according to prize law, was sufacient to
place the ship in great danger" Another
thing was that the gunpowder was concealed,
and that led to the suspicion that Il was meant.
after being landed at Matamoros, to find its way
across the border. Nevertheless the American
prize court acquitted the vessel and released
ber. But the owners clamored for damages
o. aim to which the legal organ Of the British
government replied:-"There never was case
Of that kind whore the suspicion was 70 great in
which costs and damages had been given by
the English courts" ~
No doubt when the news reaches England Of
the condemnation Of the Peterhofr the most de-
clamatory appeals will be made to infame the
public mind and incite to collision with the
United States; but we are persuaded Earl Rus
sell and Lord Palmerston will keep cool, being
perfectly satisdsd with the substantial justice
Of the decision.
The case of the Peterhof is peculiar In
January last she left London with cargo of
assorted merchandise for Matamoros. She is
British built, and her registered owner an En-
glishman. Previous to the present voyage she
had been to Nassau, and brought Confederate
cotton thence, which excited suspicion. In the
present case, under the agency Of Bennett b
Wake, ship and insurance brokers, London, act
ing on behalf of the owners Of the steamer the
cargo was placed on board by large number
Of shippers, all Of whom are British subjects,
residing in London, with the exception Of Sa-
mnel J. Redgate, a citizen Of Texas. The ship
pers of cargo were all represented by passen-
gers or supercargoes on board the steamer.
The bills Of lading are all to the order Of
the shippers, and specially endorsed, 10Th
directions to deEiuer the merchandise to the
respective passengers. While proceeding on
her voyage she was overhauled by one of
our steamers while touching at st. Thomas for
coal. After an examination Of her papers she
was permitted to continue her voyage; bat just
after she left the harbor OF ST. Thomas she was
captured by the Vanderbilt, acting under the
orders Of Admiral Wilkes, who sent her to Key
West, whence, in consequence Of the absence Of
the Judge, she was sent to New York.
1t appears from the evidence that Redgate,
who, on his own behalf and others, claimed a
portion Of the cargo, amounting to $4,000,
halls from Texas, which is OF war with the
United States, and it was therefore commended
that his interest was forfeited, and that, as no
discrimination has been made between what was
his and what belonged to others, the whole was
forfeited. 1t was argued, from the suspicious
character Of the papers, though technically re-
gular, and showing the cargo to be bound for a
neutral port, that Its real destination, sooner
or later, was Texas. 1t appears that box
| was thrown overheard, which turns out to have
contained newly invented Eliminating powder
and also that some artillery harness was found
on board. To which it was replied by counse
for the owners OF the ship and cargo that th,
box Of powder was carried and thrown over
board by the owner thereof, who bad nothing
whatever to do with the ship or cargo; second
ly, that the artillery harness was, bona tids, In
tended for Mexico, who was then engaged in
war. But circular letter of Bennett 4 Wake
the agents. dated November "a, had been pro.
duced, addressed to persons DESTROYS Of shipping
| to America, advising them that firm In Malta
moros was ready TO take charge of their goods
and, further, that Mr.. Besbre, citizen Of the
Confederate States, held contract with the
Confederate government for one hundred PEI
cent on all goods delivered in the Confederate
States, to be paid for in cotton owned by the
Confederate government Said agent was
| willing to share equally the one hundred per
cent with such shippers as were willing to take
the risk. ..,.. Il. tai
This letter was objected to as evidence by
the counsel for the defence, who also contended
blockaded that the destination Of the vessel
was proved to be Matamoros, and that, as
to what might become Of the goods after being
landed there, II was no concern of the owners
of the ship or cargo and could not be cause
for condemnation. #@8
The Court, however, looking at all the cir
cumstances Of the case, has arrived at righte-
Gus decision; and no doubt this case will be quo
ted hereafter by the English judges as prece-
dent. tisfully in accordance with the treaty of
Paris defining blockade; and Earl Russell him
self has admitted that the American blockade
is az. effective a. any blockade can be. As.to
this particular case, Earl Russell said he
would not be satisfied with any decision that
was not based in Justice 1t is highly proba-
BILE, however, that be will be satisfied with this,
particularly If the judgment on appeal should
be affirmed by the highest court. But II he
should not, we trust It will make no difference
TO our government, and that il will stand to the
last by the decisions Of ia own cnnrta which