The New York herald., 1863-07-23
iGpCarAEr PRIZE DECISIONS.
United States District Conrs.
Before Hrs Honor Inf,~a Ns,aor

United States District Conrs. fs
Before HIS Honor, Judge Nelson.
ne Sswer Ella way'ey and Cargo ~ fAs Uaitec
Saehis veseaw was captured about hundred nniles
north Of the hlaad Abao, OF the Bahamas Of the
| Gulf Stream, ON tho 24th Of April 1862 by the war
| steamer Santiago Do Cuba, II p. Mdeisy, Commander
The cargo consisted principally Of arms Enfield rifles
Austrian r!ed muskets and Others lead, saipetre &c
! The Ella warsy belongs TO 4. Adderly. OF Nassau .
British subject, and probably the cargo, although this
kll in uncertainty. Tie had been recently
purchased Of American citizen OF Charleston, C.
After running the blockade Of Aarlestontwo or three
times that city and Nassau N p she LEFT the latter
place ballast for Havana where she took in part Of
cargo and returned, completing At Nassau then
suited according TO her papers for st. John, b. a.d
stated The master, A. G. Swasey thai the vessel
cleared At Nassau for g. John, aid the cargo
| way that previous cargoes had been consigned,
| when he run the blockade or the port Of Charles
states that he cannot say where the vessel was bound
leaving Nassau and that be don't know where she
was bound. He further says "I heard ask cd
the pest Of knowledge was the only one who knew
where were bound" lie further says: ~ think the
last voyage began at Nassau, N. p. but don't know
where II to have ended - And sgan At the time
taken We're steering our course about north half
steering any particular place" Again. ~ don't know
whether bound to that port Charleston,
s.. y voyage
II Is remarkabe that the pilot should bs thus 10 doubt
and ainy TO the OF the vessel her
from Nassau and as 70 her destination her course
and destination for st. John, Of all persons
board the vessel he the most likely TO have been
advised Of It, The uncertainty leads to strong suspicion
the osteDsble voyage The Iogbolk mutilated
after the capture about that time together
pa Is urged that the only part destroyed that
which related TO the former voyages violation o.
block Charleston; but the only evidence Of
that Of the master, who gave tho order TO burn the
pers Ills testimony ON this subject is not entitled TO iu
Cf he In ha
atenvcy studied appears TO mo 70 lead TO the concu
that tie port OF St. John, N. b., as on former
sges tho vessel from Nassau, used simply
preiext voyage to Charleston. in violation OF
the blockade OF that port and that the destination OF the
in reality for this al the time OF the cap
ture We agree TO the decree condemning vessel and
cargo
opturcd from on board aatboat, at The town OF
Lamar the head Of Aranzas Bay, Texas fastened
the wharf rhe iaboat not captured but schooner
called the Monte Christie, wing IN the same waters un-
dergong repairs, and board OF which, claimed,
intended to place the cotton was captured. This
vessel afterwards burned, but the naster was
brought 10 New York, and has been examined
IN pyepdrdsOro. The cotton belongs to citizen
aud mereilant Of New York, who had gone to
make collection OF debts and was engaged at tho time
gathering together the funds realized from these coec
ions with 10 make his way home. The cotton in
question comprised part Of these funds Ht not
resident South, engaged u business there Tue
found him there temporarily for the purposes above
stated The property cnomy's property, nor is
IL pretended that there was any intention TO the
been in doubt whether tho proceedings against
cotton the pri2e instince sido OF the
II no; on board tho vessel captured undergoing re-
pairs be placed board unless after rep ire she
should prove setworthy and, u on board there is no
proof of intent to run the bockadeA The only pre-
text for condemnation that the property 10 enemy
property which think Is not sustained II appears TO
mo hot tile claimant used all diligence to collect his
Effects with leave the hostile country after the
break ing OF the and IL brought fairly within the
principle Of International law that protects him. Decree
below reversed.
The Ba,k Enprcs and hr Cargo ps the Unised H,a,es-
NnsoN This vessel and cargo were captured on the
morning Of the ssh November 1851 BY tho soop o. war
yincenncg mouth Of the Mississippi or the South
Pass some three miles from the Balke The vessel
under charter party entered INTO by the master q,
Of coffee 10 New Orleans Mobile may be ordered by
the char.rcrs and f the vessel arrival be warned
S % ssnoa s'w
likewise TO be named oy the charterers previous 10
the departure Of the vessel from RIO do Janoiro /"
III warned oil New Orleans |or Mobile, the master
deliver the port OF discharge the order from the
officer warning him of &c. On the 1ath o september,
1851 the master was instructed BY the charcrers to
coed New Orleans with his cargo 6LS5 bags Of coec)
should the port be upon his arrival the bill Of
adpg endorsed would advise him to whom deliver
cargo should he port bockaded he would be warnod
OF. and would then proceed direct 70 New York. The
yesse belonged 10 British subject residing in Hull Eng
land and had sailed from that port 10 May 1861, with
Of coal and cast iron building for Ho Janero and
dschgng her cargo the vessel was put up for freight
by the MASTER which led TO the charter reiored
In. The on board belongs 10 the chartercrs,
William Neon 4 Co British and BRAZILIAN subjects
vessel and rgo subject TO condemnation for attempt
ing break the blockade Of the port OF New Orleans
Upon perusal OF the testimony In prdyd
tary proofs satisfied that there such
intent the p,r Of the master or owners OF tho cargo
that the contrary, their purpose was 10 ascertain at
the mouth OF the Mississippi river by personal inquiry,
whether not tho port was actually blocxaded This.
We think, the bona ado intention OF tho parties
Thcre has beeu disguise OF the purpose 1t Is
Ia the charter party aud written Instructions the
the cargo and repeatedly BY the master MIN.
self And he only question whether the master was
iuetif ftcd In
In making such inquiry. II quite apparent thar these
parties had adopted the construction Of the proclamation
OF the President announcing intent 10 sci icot
blockade the nthern ports indicated by lis that
a vessel sailing for port IN state Of blockade cnt
tied TO WAITING of Of the bockadng vessels bcire
forfeiture would be enforced and that acting upon this
CONSTRUCTION consc ,uent drecns TO be found IA
charter po. cy. and instructions of the chartercrs
the master pcrsevered in tho purpose OF making the
inouiry, alt. ouph at the time be had good
rcnscn for he belief that tbis port vas IN a s.ae
on was ruled by majority o the Snpreme Court
the OF The awaiha, AID must 10 regarded there
fore ordng Justification TO either vessel cargo.
But although the terms Of the PROCLAMATION furnh
the act think they entitled
Consideration when inquriug tho ien, which
the MASTER calling the b.ockadcd port the terms
may have honestly misled him and the fact Of finding
tho vessel at place under other circumstances saspi
cious. may IN view OF these ter be consistent with
entire Innocence There was no olicia notice OF the
blockade OF the port New orleans given by this
mcnt TO the British or BRAZILIAN governments.
There he no evidence In this when what
time IL was established The must stand upon a
blockade d tc0 an respects foreign neutral traders NJ
the begcrrnt port. There doubt general nsto
rety prevailed AT Rio anelro Mt The time OF the sailing o
the from that place that the mouths Of tho Mssis
sipp, were blockaded and the tho vessel
advised the urse OF the voyage BY vessc naed
that ne would be stopped at the Baize. There un
doubtcely en- ca which hoh n general rule that
IN the case blockade de fco the inquiry must nt be
made hlnckadcd port IL reasonably practical 10
tain the by inquiry at other neutral ports There
are exceptions to this rule and under all the crcum
stances and proofs in the inclined " thsk
that the present Is ono d them pecs'on Of the Court
| below reversed.
| 7he Brig Delta and Cargo Tse United Sates-Nel
son C. This vessel and captured 2rth
or October 1851 on the port o Galveston Texas by the
Unted states ship ssntce, II. Eagle Commander At tho
time OF her capture sho steering for that port
make inquiry under blockade. intending found 10
sal for shc bad board cargo o. salt and
had left Liverpool about the LIST OF Senenber bound for
Aofamoros Mexco the cargo be delivered ort
Of Minaiitan. j. A. Marsh, of Liverpool rtkh sub.
iect was owrcr Of the vessel and ehaslc4 w. Adams OF
4 Boston, an American citizen, owner Of the cargo.
4 The latter had sid the vessel 10 the former, few
dsys before the commencement ~ the voyage 1T Liver
| pool. and rock q mortgage back ~ secure the pur-