The New York herald., 1863-06-09
IMPORTANT PRIZE DECISIONS.
The Gases OF the Angio-Rcbei Steamers
Dolphin and Pearl. ..rr ...s< A
prsrRIor COURT or THE UNITED STATES, SOUTHERN
7 rT DISTRICT or FLORIDA. f
Z f1I Pefore Judge Marvin. atna

,1 Before Judge Marvin. s'ni
KY wsn. May rs, 1868
- rIm poLrHm
me United States us the Steamer Dolphin and Car2o-
This steamer net burhen OF one hundred and TWEEN
ty-nine TONS Eustace. master. was captured oy tne
United States vessel wachusett near tho island Oh oo
Rico while ostensbly prosecuting voyage from Lvor
claim 70 the vessel and cargo has been exhibited by
the master on behalf Of william j. Grazebrook. NOR
chant residing in Liverpool who appears, shipped the
whole cargo and consgned by the bills OF adng 10 hs
own order and by the freight bill accompanying ~ 70
Messrs. Chambers 4 Raw, of Nassau
Surveyors, appointed by tho court TO examine the
cargo which general assortment report that
Il corresponds in the number OF the packages, their
and contents with the fregh, List found ,1s.. "a and
eWSnIy cases, which contain cavalry swords, All OF
which are classed in the freight list as hardware"
Each f rifles contains twenty res and each case Of
swords one hundred and twelve swords Thirteen small
boxes containing cotton cards found board which
the freight list also box OF paint brushes
II suppose the vessel ard cargo 10 be owned as
claimed and that there Intention the part or
the that the vessel should proceed with the cargo
to port Of the enemy, then there would be ground
whatever to justify the capture OF either
vs and search merchant yessos TO ascertain their nea
a hostile characters and tho characters Of their car
goes and tho legality Of their voynges ncutras possess
an undsputed right 70 trade aud carry on commerce
among themselves In any kinds Of merchandise they
please whether Of the nature Of coptsband OF war or
indeed, there be such thing articles oon
traband or war In strictly neutral trade But r. the
othcr hand the intention OF the ,ha, the vss
sel should simply touch at Nassau, and should proceed
thcncc Charleston other port the then
tho voyage was not voyage prosecuted by neutral from
begun and carried on in violation Of the bcgcren rights
OF the United Satea TO blockade the enemy ors and 70
prevent the Introduction Of munitions OF war The act OF
sailing blockaded port, with knowledge OF the
stence tho blockade, and with intent 10 oner is
itself attemft TO break IT, which subjects tho vessel
l, rN of Inn
Columbia, G. Rob, 1854; tho Ncpunus, Rob. Iio)
SO the offence OF attempting 70 articles contra
liable TO capture the she upon her voyage
(The Imna, C. Rob- 163 The offence consists In the
act Of sailing, coupled with the illegal intent. y
The cutting up OF continuous voyage into several
parts by the intervention, or proposed Intervention,
Of several intermediate ports, may render u
the more difficult for cruisers and prize c'urts 10
determine whore the ultimate terminus 10 intended to be-
but II cannot make voyage which In It's nature 10 one
parts OF one entire voyage legal which would
be illegal II divided. Whom tho truth 10 discover
ed s according to the truth and not according TO the
fiction that the question to be determined The Maria
G. Rob, 1885, the William, Id, 3S5; the Richmond G.
It Is argued that was lawful for the vessel 10 90 10
Nassau notwithstanding the existence OF an intention
that she should proceed thence 70 ,or "ns
whole matter rested In possibility merelyn intention
only and not In act that tho intention to commit an o.
fence in fro Is not tantamount In law 20 its actual
commission present.. But this argument begs the
whole question It not lawful for tho vessel to 20 70
u Charleston, any than would be lawful for her
TO 20 to Charleston in direct without going In Mas
at all The alacy consists In suppOsng that thore IL
something IN the intention TO stop port, which
in Itself Is innocent enough that wi extngush the e.
say & s an , ~ sus Sd noy, .na ,hs ,vitinatisc
the first stage Of the But the voyage one from
the port Of loading TO the port Of delivery and IL unlaw
ful in any part is unlawful throughout
II Is also argued that locus pentipe existed until the
vessel had departed from Nassau her way 10 block
AIDED port; that the voyage might be ended there or
ch,need to a Lawful port But this argument will apply
with equal torce 10 voyage In which no intermediate
port Is interded TO be inierposed The
may in any sse, in port in the middle OF the ocean,
abandon the illegal purpose and change the voyage and
fence Is cxnsuished and the vessel Will be restored but
the illegal purpose exists At the time OF capture the
vessel Is taken in dsco whether the voyage sprosecuted
in direct crcuously. II the Illegal purpose
s shown 10 exist at the inception or the voyage VIII be
presumed 70 exist TO the time Of capture unless II
doned and the voyage changed. Che Imioa, &C. Rob-,
1917 p
fact Of the existence OF intention a the time of
ure vessel should proceed 70 blockaded port
sSs.rs shss said voyage q his own pos,iivs knowledge,
would have terminated ~ Nassau had sad voyage
Ds s: = =: sisssi : .ss
qssng h@ 70 pscceed e Nassau and deliver said steam
sS .ssm.s sS s ooonoesos Win viz :sd steamer
csssd that he had NO further or control over
tse same: and BE- further :ays that OF ME own know
leAes. said voyage was 70 end at Nassau" Prize
msoe ~ ~ william sow IN cervSrne hn
y. H tS' $3.50. S " ~ ~ v, ,.s - - Soy, S.t
bouad BY swearing; Mh swsaring c.cdibly that .
- Ureuoc s.o ~ - ~ ~ sss. vi -
Of the nor show Us any written 70 snd
sno a8o Nsssu, W ~ v 49,. "
-. ~ NV ~ "a !. - ss y. ~ ~ E
- maae os s,s y :. =. 49, .:
Dus " P'ococa. sou' NV sAas
toe voyses wou9 ne.o en - n.a sny se.seI
noe oSen unns .ne grIso1 snst tne
vesso "ouu nsve oeen ~ = asssn W 'ne
Cnoess ,s S so es ~ snsos 49,. w suo
co tnmks me vesse w"uu nAsc ,ron Nasssu
70 Lverpoo Inc o.ne, wi.ne,ses So.c,ay s oncur "a
say,ns mat nsy oo III . nv o's rs sne sse "ua
nave tue W u.oI IsasIps lne oep.an says
snat mths ew Were snpsa ~ Lsg.po' LOT voyage 70
Nassau, S ~ W nene1 @ nyS tn ~ ~. pssoa
tain hired him At Iivsrpoo for voyage from Iiyerpoo
-. 49,. e.. ,-.i.. ,cras ~ ,sorsh .nd h,-
~ 49,: ss ~ a. ~ MN bs ar,sras ms.n Nc ~ sIsse
wnSes 70 ~ ON until no utiiVeu nHck n iivor-
OIL IRE shipping agreement states tho voyage u be
from Liverpool 10 Nassau, calling at any ports aud places
In Tho Atlantic Ocean and West Indies ana back to dna
~, ~ ~ d,snhsss. ~ sha yrn,,o T,rrS,, ~. ,s-s ~ -