Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-07-30
NATIONAL INTELLlGENCER.
IMPORTANT CASE IN ADMIRALTY.

We have read with great interest the report OF
. decision rendered by Judge SPRAdUF, IN TIC
United States District Court, sitting at Boston, IN
Che case of the ship La Mamche and cargo ms
ship was taken on the high seas by the uni'e'
States ship-of-war Inc, commanded Dy oaP'a''
Deyeps, and sent in for adjudication upon the
supposition that she had come from Confederate
mort in violation OF the blockade. 1t appeared,
however, on examination in court, that the Manche
was engaged in lawful voyage, with the most
innocent intentions, that her whole cargo was
tion and by the authority Of our custom house
officers and that she sailed from that port directly
to the place where she was captured. On being
boarded Captain Bourhs, the master of the vessel,
promptly produced all his papers, and, on doubts
arising, voluntarily accompanied the boarding
officer to the lno, and there fairly aud frankly
answered all questions put to him, as far as they
could BE- understood and he could render bis an
swers Ineligible. All his French documents were
perfectly correct, and there is no to doubt
that he verify believed that those in English were
equallyso But among these latter was the mani
fest Of the cargo, duly and correctly made out on
one side, but containing on the other = printed
form Of an oath which was taken and subscribed
by the master of the Manche, and certified "by
w. G. Gray" as deputy Collector" In that
printed form OF oath were found these words: II
also swear that do verify believe that the duties
on all the foreign merchandise therein specified
have been secured according to law, and that no
IL e z. Ii L. \ II. Al
Confederate States" This clause against reland-
ing in the Confederate States arrested attention
and excited strong suspicious in the minds of the
captain and officers Of the Ino. They had several
of them been shipmasters, and it was apprehcnded
that such document could have been furnished
only by Confederate custom-house, in Confede-
rate port and that the vessel had run The blockade
There were other considerations which reused the
suspicious of the captors but the presence of this
dubious manifest was the most controlling, inso-
much that without this ground Of unfavorable
suspicion the Manche would not have been de-
parative force of the circumstances themselves
but by direct testimony given in open court, and
still more strongly by the written instructions
given by Captain Devens to the prize master who
brought her n
In point of fact, however, it appeared on inves-
tigation, that this suspicious document had been
furnished to Captain Bourhis by our custom house
authorities at New Orleans The counsel on bota
sides in the case admitted that all the printed part
of the document was Of Confederate origin that
it was form adopted and used by the insurgents
while they we're in possession of New Orleans, aad
was by them left there, and was made use Of Tor
this vessel, without erasing the clause respecting
the Confederate States, or making any addition
or alteration substituting or naming the United
States. This theory was adopted after it had been
asoertainei that this document was actually OBJ
tanned ct New Orleans, and, as Judge Spiague
remarks, 1t is certainly extraordinary that officer
of the customs should furnish or authenticate
Confederate blank without erasing the part which
marked it as Confederate document, or adding
any thing to show that it was issued In the name
of the United States
But tue question which presented itself to
Capt. Devens was, whether this document had
been actually furnished by the United States Gus
1OW Ilouse aG view pntaos, anu THIS question
could not properly be solved without further In
quiry, which could not then be made, upon the
ocean. lie, therefore, sent the vessel in for adju-
dics ton under circumstances which, Judge Sprague
holes, not only prove that he acted with honest in
fentions and from of duty, but which go
further ard rel eve him from any imputation of
negligence or rashness, or other culpability.
After review Of the facts aud principles involved
In this case the learned Judge propounds, as the
doctrine of admiralty law applicable to it, that " the
csptor cannot be held liable for damages in case
where the vessel captured presents probable cause
for the capture, even though she was led into the
predicament in which she is found involuntarily
and by the mistakes Of the revenue officers of the
captor's own Government" The argument of
Judge Sprague in clucidaton of the poinis on
which this decision rests is beautiful specimen of
legal analysis in the application Of the principles
which give their peculiar jurisdiction to Prize
Courts
We insert SO much Of the judges argument as
draws the precise determinations between the re-
sponsibiity of Capt Devens and that Of other par
ties involved in the case:
"Here let US what was done at New Orl,ars That
these papers were authentic there s doubt But how
it happened that such papers furnished sanctioned
by the custom-hcuse officers has not been shown
"Tbe manifest is far the most important This dvcu-
mont pupots to have been made the master Of The
he / col the THIS ar