The New York herald., 1863-07-18
HIGHLY IMPORTANT DECISION IN PRIZE CASE.
A Vessel May Approach u Bloc kadcd Port
20 Ascertain the State of the Bloc kndc
ir She Does So I'm Good raith.
UNITED STATES CIRCUIT COURT.
Itaore Judge Nelson

UNITED STATES CIRCUIT COURT.
Beiore Judge Nelson.
Juty l7.-The bark Erprcs ami Her Cargo ~ The
Unaed StaesThis vessel and cargo were captured on
tho morning Of the ~ OF November 1851 b. the aoo.
ofaar linocnncs at the mouth of tho Mssspp Oh the
Southeast Pass, some thfoc miles from BaliYe The
vessel under charter party. entered nio by Tho
muster ~ fiu Jn.o. september .. 1901 ship cargo
., colce TO New Orleans Mobile may be- ordered hy
the CHI rtcrers ard the vessel arrival be warned on
by blockaaug sqI,dron proc cd ethsr a. NeM York
baltimore Or tiiadrphii which I'D place llkew
20 be named by the carercrs pre os /. tho
., tho ycesel from Rio Janero /! warned on Now or
leans Noble the master o. deliver thc port
charge NJ order from the oicar Warning him on, &C.
tho IAN D september 1851 the Instructed by
the clartrfcrs to proceed 10 New Orleans with his cargo
tGls5 bags q coffee aud should the port b. open uon
arrival the biil OF laiiag endorsed would advise
HIM to whom ~ deliver the cargo, shond the port
bockadod. hc would b. warned on. ann 1ouIi thea po
coed drect 10 hc~ Yeik. The 81 belonged ~ Iiii.
subjects, residing IN Hll, England, and had sailed fronl
that port IN May, 1861 aith cargo OF Iron
building ipr 40 Janeiro and aischrgng her cargo ths
vessel Was put ~ for freight by ne master which ed @
The charter above referred 10. Ihe cargo bpad be
longs 10 tho cbartesers wnam Mcorc CO.. iiritlsh aGd
Brazilian subjects. Tbo only question Ia the case w.
whether not tho vo-tc and cargo sub
de'nnaen fr attempting 70 brcak the blockade u ,hr
port o New Orcans tfon perusai ~ the testimony
preparation AMI documentary proo satisfied that
theie was snoA ntsnt on the part a tie
u III. cargo that The contrary thor purpose
Was 10 ascertain at The molh of he hsssppi diver Dy
personal Mqlify VIII thcr MT tho pJrt actually
blooknicd THIS we tlink WIS the bona nde intention
ol The PARTIES. There has been disguise of the ur
ose, a. u IA ayowei Ia the charter party and
INSTRUCTIONS of the osnarr the caro- and
pchiedly by the master himself And tho Ony
question IL, whether the master was lgsllhed
aer the circumstance discl sod ~ ihs case 10
making such inquiry, Il qute apparent that thefe
parties had adpod tho construction q tbs prucianat
NJ the iresident announcing DteAt - Hcl foot
bloc the toutn.rn I0rts Indicated by ~
vessel rstng port Ia state 0r bh ckndr
entitled TO warning OF III. b.0Ckadns ycsrcA
before fcrfcituro would b. enforced thu aciins
this construction and lrcnt directions 10
found IN the charter party ard iustrclon " IA. char
teers the master ,.rsevcrcd Ia purpose 81 maxim.
the inquiry, although Mt tLe same 10 had god
for the belief that the gbrt ~ actual
bl ckade This Interpretation ~ tho proclamation
overrulci by majority oI tho Supreme Court "a the
u the iIiasatha, and 10 rcgar ed therefore a.
aiordng Justification u either vessel cargo Bat
although tho terms Of the proclamation furnish lGNt
hcaion FOR tho act yet We iblnk they entitled 70
sdcrntiob when inguring Into the Dic with which the
master sailing fr ths block id,i fsrt tho may
hayo honcsy msled hi aud tho fact n finding the
sc At place Under other c'rcurssncrs suspicious
may In viss Of thesa terms. bo casis,olt With en-.
tire Innocence There nf cis n0iae n The block
sde " the port of New orleans gwen by this govern
To the British or Brazilian government ibeo j.
dcnce IN this case when At what tmo u establish
ed Tho must Ft,nf a book de ae ftctO 4
resrcots foreign Dcurai traders the bcbissrcn, port
There ~as ~ doubt gcnc ~ nJDfioiy prevailed k0
Janeifo ~ tue time VI The 1.s The yess. rom hat
pnos that tbs nouths q The dlsAAsifri Nots bt kaie
ana the mater o the veksci advised ~ tho
the yoyag. hy vessel hated that ~oud pt~d
st Isilizs There undoubtedly cases which Auid -
general rue thai Ia the ~ bio tsds
the nquify must not he made ~ hoNh'cssiei pprt
reaFoonby practicable the act W iH4Hlry
other ne4tr4i l.rr IhHfe e1cagtgns thla role
nd nder MI tnr circumstances AMI prsfa ~ tn
~ are Inclined IL thlnk tbs present tbefs
os tho Court below feyc For tinted sines
the District Attorney AID Ar Eyarts Tor tho e..tor ,
NJ. lptor lnf tbs rargo, Hessrs lruc 10 afig~
". II. rcOtt tsl tor tho hip. attn : rniltA