The New York herald., 1863-07-10
THE BRITISH PRIZE VESSEL PrrERHofl

THE BRITISH PRIZE VESSEL PETERH0fF.
ACKNOWLEDGEMENTS
United States District Court.
Before Hon. Judge Belts.
1ULY o-1he United States The NeamsAtp Peerko1,
her Cargo. Tackle, 6c-IR this tho reading Of evi-
dence taken preparaoio having closed. Mr. Della
ned Smith, the District Attorney produced and offered in
evidence . circular letter from Bennett Wake, char
erers OF the Peserho addressed TO shippers which had
been attssted In London forwarded 70 Washington and
certified cspy sent here BY the Secretary OF State.
Counsel for the 6iamants-Mr. A. r. Smith and Mr.. L.
Sherwood-opposed the admission of tho letter. on the
ground that did not oomeopropery before the Court
The District Attorney relied upon similar csse-hat Of
tho Romeo, 9th Robinson, S61. After argument the
Court received the paper without passing upon It's legal
effect It is az follows saoaf
NJ, s, Nc = Co..I1 Y, II = g, LS.Do., Nov =. !sss
who dssrOus shipping 70 Xnsrica that arrange.
.S d. r% Of Be .a 4 the
Fleming Co.. M.amoros have bssn secured also those
Nc
IN h % Ds o. ses vss 70
regard: sssney The ni.na snss and landing and ship
harding, rSI.n Co.: his city iss been named and
equal distribution Of same to sh, prs ao
% wsS o w sss
federate States Of America holds from that
e cent al
e ss',vsa ss
Mr.. Mason and others He is willing share say
s 'Ps Sss,: w : !ss
Ssn:sSs; SAID sess1ss' 81.
wagon rac sanno. be properly carried without the aid
cattle which confeasrais government viii supply
an s % 70 s. o the nd s s h
s. e Gs bind q ss soa sa
shipped but delivered and for orders ship
ssPss''s parties ws BEsET dss W WAKs
Before the claimants opened their arg,i
ment the District Attorney at the suggestion Of the
Court stated the points upon which he should rely In
asking for the condemnation OF the vessel and cargo
We claim In the first place that the real object OF the
against the government OF the United States articles
essential to the continuance Of h0sttes against the gov
ernment and we cite the case OF the Commences
Wheaton, p: as. We claim that the vessel and all her
TO contraband Of war. iss There was consraband OF
war on board. and we alege against the OF the
national Law p. 52 and the there cited
which very numerous. We do not claim that ali the
goods board the vessel conraband course
we do claim that there are no Soods board owned
any person who s not an owner OF contraband articles
and therefore we say that the Innocent articles must
the authorities which are stated at 573 OF Halecks
"Iuternatonal W. @. We claim that
tnaton OF this the section OF the United States
in which the war raging against the authority OF the
government, and under that bead caim-Eirst That
the evidence 10 the establishes that the oeensbe
voyage TO Maamoroe false and simulated that
the evidence demonstrates that the
such blockaded port In the disaected section Of this
country the vessel might succeed in entering Sc.
copd That though IL be that the vessel do
cargo was Texas and that tie voyage was
contrvance to do BY pdirection what il was not
Z. ssuS sD va. dssst ana
carry out TIE illogal attempt, and far
he % S
on insurance, VOL L. p $780, the Commsrcen, Nheaton
Dp ssss Thss,ons Es.sn.s Of n.se..'onslAw oh
the destination be TO neutral port, carries with all the
consequepces Of condemnation a. legal prize Of war;
be true hA& the object Of the enterprise carry
traband 10 the enemy, matter how circuously that
the crcuty and ndrcction do aid the claimants but
on the contrary form cumulative evidence against them
Court-You do not take the ground that voyage
was really an honest voyage TO terminate any neutral
District Attorney-No, SIR admit that II the de-
sign and object Of this enterprise simply carry
port voyage might perfectly ega even though the
market at hatamoros may be improved by the fact OF
Court bound look into the substance essence Of
the whole transacon and the direct transit OF these
goods through Maamors into Texas contemplation
by who undertook the voyage regarded by them
and was in fact necessary 10 the their enter
prise, and to the which the object Of their en-
erpsfse, does not help them that they took the goods
TO neutral port suppose we must admit that the
goods taken 70 . neutral port, there 10
be sold and disposed Of n the regular course of
business TO remain there reasonable time SO az TO
enter into the legitimate Of that place they
could be condemned The line Of demarc alton is ex
ceedgy narrow there doubt but the Court viii look
into the and substance VI the whole
and repeat t was necessary to the success OF this en-
terprse IL was contemplated by those who projected
the enterprise that these goods should through Mata
moras into Texas, why then they must be condemned
And ~e shall claim that these goods would have
been taken TO Matamoras such risk would have
undertaken no enterprise OF this magnitude would have
laap rSnA all sha ,xa. s..ss
TO remain any substantial length Of time In Mat
because the uncertainty Of the rebellion, shc
mai II cumbng 10 ial-rl these noonous asss be-
g considered by Of the sagacty Of these shippers
would forb bid such idea.
Courbo you say that, suppose these goods 10 be
landed port the property Of neutral owners,
you inquire TO what the subsequent purpose
District AtorpeyPerhaps the COUNCIL for captors
(Mr. Upion) may claim but do undertake 10 claim
that there any profnDtion In the law OF nations
legitimate trade to Matamofas ! suppose that ueutrals
have right trade there But do claim that IL matters
Of public Rotoriety present the fact IN such way to the
Court that must see these parties contemplated the
Immediate transit Of these goods through Matamoras
Texas and that all the incentive to the enterprise
founded upon the idea that these goods
legitimate trade 10 Maamoras, but that that port
TO be enrepot, and they we're intended for Texas,
then they subject 10 condemnation. In other words
whereas IL that goods cannot be taken directly 10
the enemy though the port bockaded and
they we're taken under the circumstances have cup
possd they would be condeaned-so they cannos
Be- taken by circuty or indirect,op Thev could
NOT take them 70 Matamoras although they there
ther hands OF from the goods and there e them 70 be
dhpoeed Of " " was In contemplation OF those who
them 10 Matamoras that they 10 be by other
persons 70 Texas We say tha. constitutes case Of
carrying contrsband Of war TO the enemy. refer
Duer on Insurance, 67e, sec II. Reads from the
authority
The Court win ock aso ihs essence OF the transscoo
and docs mot matter whether ship OF war was a
Matamorss with which the goods could be transferred 70
Confedera whether from the the
river, the proximity 0 Brownsville and the Confederate
frcss the with which The goods could traps
vsred In lighters the principle 70 be from this
asthority 70 me, 10 clear that the goods were
taken 70 neutral port with view 70 their uanshpment
the enemys port that 10 In fraud bslieereut
right II certainly principle fcv there never was
instance the history OF maritime warfare vbese
an enemy would have been more saseutialv
asserted than BY this very Transaction the enterprise
had succeeded. We claim n respect contraband on
wv that where 10 attempted 10 reduce the enemy nv
famine there the doctrine o. ccnsaband Of war IA 10 Be
extended and enlarged. And thai principle applies
wherever there blcckade because the very essence Of
blockade IA 10 deprive The enemy Of means uot opIv a
carrying on the war with shot aud shell, but so 10 reduce